STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. CASE NUMBER: 96-13039 GARY SANTUCCI, _ Respondent. . / ADMINISTRATIVE COMPLAINT ce COMES NOW, the Petitioner, Department of Health, hereinafter referred to as "Petitioner", and files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, hereinafter referred to as “the Board,” against GARY SANTUCCI, hereinafter referred to as "Respondent", and alleges: 1. Effective July 1, 1997, Petitioner is the state agency charged with regulating the practice of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes, Chapter 491, Florida Statutes. Pursuant to the authority of Section 20.43(3)(g), Florida Statute, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer compliant, investigative and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. ) 2. Respondent is, and has been at all times material hereto, a licensed Marriage and Family Therapist, in the State of Florida, having been issued license number 0000682. oh U U Respondent’s last known address is 3501 South University Drive, #10, Ft. Lauderdale, Florida 33328. 3. In or around May 3, 1993 to July of 1993, Respondent treated the married couple of R.W. (husband) and L.W. (wife) for marital difficulties on a weekly basis. 4. The treatment by the Respondent of patients R.W. and L.W., was for marital problems which included communication, money, and parental differences. Sa. From July 1993 to January 11, 1994 Respondent treatment for the patients went - from weekly to bi-weekly. 6. ” The treatment by the Respondent ended around December 7, 1994. Respondent states that the treatment was not working and. referred patients R.W. and L.W. to another therapist. 7. Respondent’s referral of patient R.W. to another therapist is not documented in the case notes. This is below professional standards related to record keeping. 8. Between May 3, 1993 to December 7, 1994, Respondent had individual therapy session with the L.W. 9. Respondent conducted informal sessions with L.W. at shopping malls, parks, beaches, pools, Respondent’s house and Mrs. W;s house approximately” beginning after December 7, 1994. Both Responden' children.and Mrs. W.’s children were present during some eof these sessions. 10. Respondent became sexually involved with patient L.W. (Wife and later former wife of R.W.), creating a dual relationship. YU ro) 11. Respondent later married patient L.W. _ 12. Petitioner realleges and incorporates by reference the allegations contained in the , foregoing paragraphs as if fully stated herein. 13. Based on the foregoing, the Respondent violated Section 491.009(2)(k), Florida Statutes, by entering into a sexual relationship with patient L.W. Section 491 .009(2)(k) states, “Committing any act upon a patient or client which would constitute sexual misconduct as defined pursuant to s. 491.0111. Section 491.0111, Florida Statutes states, “ Sexual misconduct. - by any person licensed or certified under this chapter, in the practice of her or his profession, is prohibited. Sexual misconduct shall be defined by rule.” Rule 64B4-10.002, FAC defines sexual misconduct. 14. Petitioner realleges and incorporates by reference paragraph one (1) through eleven (11). 15. Based on the foregoing, the Respondent violated Section 491.009(2)(s), Florida Statutes, by failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, in that the Respondent entered into a dual relationship with a patient and Respondent's patient record keeping for R.W was below the professionatstandard. WU Nw WHEREFORE, Petitioner respectfully requests that the Board of Clinical Social “Work, Marriage and Family Therapy and Mental Health Counseling enter an order imposing one or more of the following penalties! revocation or suspension of the Respondent's license, restriction of the Respondent's practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, and/or any other relief that the Board deems appropriate. SIGNED this \@dh_ day of Ocho? 1999. COUNSEL FOR PETITIONER: James A.G. Davey, Jr. Senior Attorney Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 (904) 487-9694 JAG/cb Robert G. Brooks, M.D. Secretary, Department of Health cee Nancy M. Snurkows Chief Attorney General Counsel's Office-MQA Practitioner Regulation - Legal yo FILED DEPARTMENT OF HEALTH ERPUTY CLERK clerk A teehamwe QD,

Docket for Case No: 00-000617