sU° LEGA oo way 14 PAS op apr 25 PM 3: i. . ect of DEPART DRMEALEN DEPARTMENT OF HEALTH, Petitioner, vs. Case No. 95-17236 CARL LICHTMAN, LMHC O We a 0 0 Q/) Respondent. ‘ ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family, and Mental Health Counseling against CARL LICHTMAN, LMHC, hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with regulating the practice of mental health counseling pursuant to Section 20.43, Florida Statutes; Chapter 455, Florida Statutes; and Chapter 491, Florida Statutes. . 2. Pursuant to the authority of Section 20.43(3)(g), Florida Statutes, the Petitioner has contracted with the Agency for Health Care Administration, hereinafter referred to as the “Agency,” to provide consumer complaint, 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. ANNI OD wie 10. Ik. U . OU Respondent is and has been at all times material hereto, a licensed Mental Health Counselor, licensed in the State of Florida, having been issued license number MH 0003456. Respondent’s last known address is 110 Madison Plaza, Ridgewood, New Jersey 07450. . In or around October, 1995, the State of New Jersey Board of Psychological Examiners suspended the Respondent’s license to practice psychology on an emergency basis. This suspension was predicated on allegations that the Respondent had submitted fraudulent insurance claims in the amount of approximately $1.8 million. On or about October 16, 1995, the Respondent entered into an agreement with the New Jersey Board wherein he consented to the temporary suspension of his license without admissions. In or around November 21, 1995, the Florida Department of Professional Regulation received a License Verification document from the New Jersey Board of Psychological Examiners that his license was active and that no discipline had been taken against the license and that no derogatory information was available. In or around December, 1995, the Florida Agency for Health Care Administration was notified by the New Jersey Board of Psychological Examiners that the Respondent’s license to practice psychology in the State of New Jersey had been disciplined. In or around February 14, 1997, the Respondent notified the Agency that his license to practice psychology in the State of New Jersey had been revoked. Criminal proceedings were initiated against the Respondent for the fraudulent insurance billings. In or around May, 1996, the Respondent entered a plea in the criminal proceedings. m 12. é VU ; YU The Respondent was convicted in the criminal proceeding. The criminal sentence was held in abeyance until the state criminal prosecution of the entire fraud scheme . was completed. . After the Respondent had consented to the temporary suspension of his license to practice psychology, the Respondent continued to practice psychology. A civil action for an injunction to cease this unlicensed practice was filed against the Respondent and a civil judgment was awarded on or about June 27, 1996. Based on the foregoing, Respondent has violated section 491.009(2)(b), Florida Statutes, having a license, registration, or certificate to practice a comparable profession revoked, suspended, or otherwise acted against, including the denial of certification or licensure by another state, territory, or country; and section 491.009(2)(c), Florida Statutes, by being convicted or found guilty of a crime in any jurisdiction that directly relates to the practice of mental health counseling. U . VU 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 on probation for a period of time and subject to terms and/or conditions, and/or any i | | administrative fine; issuance of a reprimand; placement of the Respondent’s license other relief which the Board deems appropriate. | i SIGNED this JAA aay of Py nA , 2000. Robert G. Brooks, M. D. - Secretary, Department of Health DEPARTMENT OF HEALTH ane? DEPUTY CLERK rLeRK Yehi R Mame ~- L0-AGgo0 BY: Nancy M. Snurkowski oate_Y- 20-200? Chief Attorney General Counsel’s Office - MQA | Practitioner Regulation — Legal COUNSEL FOR PETITIONER: Deborah B. Loucks . . VED ecw Senior Attorney yee Tome, Shs aera Florida Attorney Number 0169889 , ; eS Va Ot ae Agency for Health Care Administration PRI adonis DA QELS 4 Eee 2s Practitioner Regulation — Legal : i Post Office Box 14229 ; Tallahassee, Florida 32317-4229 Telephone: 850/ 487-9694 Les hall | 1 ee

Docket for Case No: 00-002002