U VU STATE OF FLORIDA DEPARTMENT OF HEALTH ..| DEPARTMENT OF HEALTH, | Petitioner, vs. CASE NO.: 95-05806 | ANNE KARINE, 00-0 &Y 5 | Respondent. ; | ——— ADMINISTRATIVE COMPLAINT | Petitioner, DEPARTMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling against ANNE KARINE, 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 pursuant to Section 20.43, Florida Statutes, Chapter 455, Florida Statutes; and Chapter 491, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality U U Assurance, councils, or boards, as appropriate, including the issuance of emergency orders of suspension or restriction. iin 2. Respondent is, and has been.at all times material hereto, a licensed Clinical Social Worker in the State of Florida, having been issued license number SW 000767387. 3. | Respondent’s last known address is 4809 East Busch Boulevard, #104, Tampa, Florida 33617. 4. Respondent was counselor for patient S.A. from approximately late 1983 through early 1984. 5. In and around January, 1984, or February, 1984, S.A. returned” some items to Respondent at the Respondent's home. 6. In and around January, 1984, or February, 1984, the Respondent had sexual contact with S.A., kissing and embracing her. 7. In and around January, 1984, or February, 1984, the Respondent engaged in sexual contact with her husband and S.A. at the, same time. oo 8. On or about July 23, 1984, S.A. took an overdose of drugs in the Respondent's driveway when the Respondent refused to see S.A. 9. Immediately after the overdose, the Respondent took S.A. to Memorial Hospital in Tampa, Florida approximately one (1) hour away from WU ww) the location of the overdose. 10. 11. following: 12. following: 13. Section 491.011, Florida Statutes, states the following: Sexual misconduct by any person licensed or certified under this chapter in the practice of his profession, is prohibited. Sexual misconduct shall be defined by rule. Rule 64B4-10.001, Florida Administrative Code, states the The Board finds that the effects of the psychotherapist- client relationship are powerful and subtle and that clients are influenced consciously and subconsciously by the distribution of power inherent in such relationships. Furthermore, the Board finds that the effects of the establishment of a psychotherapist-client relationship endure after the psychotherapy services cease to be - rendered. Therefore, the Board finds the client should be irrebuttably presumed incapable of giving valid, informed, free consent to sexual activity involving the psychotherapist. Rule 64B4-10.003, Florida Administrative Code, states the 4 A psychotherapist-client relationship is established between .- psychotherapist and a person once a psychotherapist renders, or purports to render, clinical secial svork, marriage and family therapy or mental health services including, but not limited to, psychotherapy, counseling, assessment or treatment to that person. For the purposes of determining the existence of sexual misconduct the psychotherapist-client relationship, once establish, is deemed to continue in purpetuity. COUNT I Petitioner alleges and incorporates by reference the allegations U QW contained in paragraphs one (1) through twelve (12). 14. Based on the foregoing, Respondent has violated Section | 491 .009(2)(k), Florida Statutes, by committing an act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct pursuant to Section 491.011, Florida Statutes. COUNT II 15. Petitioner realleges and incorporates by reference the allegations contained in paragraphs one (1) through twelve (12). 16. Based on the foregoing, Respondent has 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. 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 Respondent’s license, restriction of Respondent’s practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent’s license on probation for a period of * time and subject to terms and/or conditions, and/or any relief which the Board deems appropriate. U W “SIGNED i We day of INN el , 1999, Robert G. Brooks, M.D. Secretary, Department of Health n¢y M. Snurkowski Chief Attorney General Counsel’s Office Practitioner Regulation-Legal COUNSEL FOR PETITIONER: Shannon R. Fleming, Senior Attorney Florida Bar Number 0166677 Agency for Health Care Administration Practitioner Regulation-Legal P.O. Box 14229 Tallahassee, Florida 32317-4229 (850) 487-9694 SRF/sgw 10/15/99 FILED DEPARTMENT OF HE EPUTY CLenK CLERK .

Docket for Case No: 00-000845