VW ww) Z oa STATE OF FLORIDA DEPARTMENT OF HEALTH WS, GY a DEPARTMENT OF HEALTH, Vile. OG , CAS a Ones. Petitioner, oe °& vs. CASE NUMBER: 95-15677 4 j - C / G GARY SANTUCCI, . Respondent. / ADMINISTRATIVE COMPLAINT 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 (Supp. 1996); Chapter 455, Florida Statutes, Chapter 491, Florida Statutes. Pursuant to the authority of Section 20.43(3)(f), 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. EXHIBIT h A EE Y VU Respondent’s last known address is 3501 South University Drive, #10, Ft. Lauderdale, Florida 33328. 3. From approximately February 1995 through approximately May 1995, the Respondent was the marriage and family therapist for the minor child K.C. According to the Respondent, he had seen K.C. for seven visits. 4. On or about February 19, 1995, C.L., the mother of K.C., reported to the Respondent that she believed K.C. was being sexually abused by S.C., the father of K.C. 5, On or about June 7, 1995, Respondent stated in a letter that he believed sexual abuse had occurred against K.C. with regularity and that the boy was experiencing psychological trauma. 6. On or about November 27, 1995, after the filing of the complaint in this case against him, the Respondents stated in a second letter that he did not find CL’s concerns of sexual abuse to be real. This statement directly contradicts the Respondent's earlier opinion. 7. Respondent failed to report the suspected sexual abuse of the minor child K.C. to the Department of Health and Rehabilitative Services. 8. As a result of his treatment and therapy with K.C., Respondent diagnosed K.C. with post-traumatic stress disorder. 9. Section 415.504, Florida Statutes, in part states the following: 1. Any person, including, but not limited to, any: b. Health or mental health professional..; who knows, or has reasonable cause to suspect, that a child is an abused, abandoned or neglected child shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). VY Q/ 10. Petitioner realleges and incorporates by reference the allegations contained in the foregoing paragraphs as if fully stated herein. 11. Based on the foregoing, the Respondent violated Section 491.009(2)(h), Florida Statutes, by failing to perform any statutory or legal obligation placed upon a person licensed or certified under this chapter; specifically, through violation of Section 415.504, Florida Statutes, by failing to report child abuse. WHEREFORE, Petitioner respectfully requests the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling to 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 subject to terms and/or conditions, and/or any other relief that the Board deems appropriate. SIGNED this Vaday of 1998. Douglas M. Cook, Director y: Nancy M. Snurkows General Counsel’s Office-MQA Chief Attorney-Allied Health COUNSEL FOR THE AGENCY: FI L Walter Flinn DEPARTMENT OF HE TH Attorney Clean DEPUTY CLERK , Florida Bar No. 0015921 ERK mM lonr, Agency for Health Care Administration DATE 3 20/98 Nw Office of the General Counsel P.O. Box 14229 Tallahassee, Florida 323 17-4229 Ph.: (850) 487-3908 Fax: (850) 414-1991 WEi/wf PCP: Ms. Gygiand Ms. Connor PCP Date: June 17, 1998

Docket for Case No: 00-000619