+ odie ot, iii oni. fil les Mle li ‘restriction. ; * STATE OF FLORIDA, yen LES . DEPARTMENT OF HEAIH (VED- LEGA 0 | QOAPR25 PH 3:27 DEPARTMENT OF HEALTH, Petitioner, vs. Case Number 1998-18661 MARVIN W. KASSED, PH. D., LMHC | __ Respondent. VD “ Z 005 ; . ; : 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 MARVIN W. KASSED, PH. D., LMHC, hereinafter referred to as “Respondent,” and alleges: L. Effective July 1, 1997, 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 G2), Florida Statutes, the Petitioner has contracted with the e Agency for Health Care Administration t 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 Respondent is, and has been at all times material hereto, a licensed Mental Health Counselor in the State of Florida having been issued license number MH 0001948. . 4 . The last known | address of the Respondent i is 3912 Floramar Terrace, New Port ; Richey, Florida 34652. tone 02 Ndv Ww OW 5. Patient PA received therapeutic services from the Respondent until November 1996. 6. In March 1997, PA began working as an employee in the Respondent’s office; an inappropriate dual relationship. 7. The relationship between PA and the Respondent evolved into a sexual relationship. 8. As a result of this sexual relationship, PA became pregnant. Respondent paid for PA to abort this child. 9. On several occasions, the Respondent would relate confidential information about other patients to PA. The revealed information was not relevant to PA’s work and therefore, constitutes a violation of the other patients’ confidentiality. 10. On one occasion, the Respondent left in the middle of another patient’s session to pick up PA because she needed a ride. Based on the foregoing, the Respondent's license to practice mental health counseling is subject to discipline for violating: section 491.009 (2)(k), Florida Statutes, by committing any act upon a patient which would constitute sexual battery or sexual misconduct as defined pursuant to section 491 0111; section 1 491. 009 @X), Florida Statutes, by failing to meet minimum standards figs secant eetanlge oe Gtr iagiod atest (of performance i in professional activities when measured against generally prevailing peer performance; and 491.009(2)(q), Florida Statutes, violating provisions of this chapter through a violation of 491.0147, Florida Statutes, by failing to maintain in confidence any communication __ between a licensee and his client. WHEREFORE, Petitioner ‘Tespectfully requests the Board of Clinical Social Work, kK Marriage and Family Therapy, and ‘Mental Health Counseling to enter an order i imposing one or more of the following penalties: revocation or suspension of Respondent’s license; Ww . Ww restriction of Respondent’s practice; imposition of an administrative fine; issuance of a reprimand; placement of the Respondent’s license on probation for a period of time and subject to terms and/or conditions imposed by the Board; and/or any other further relief which the Board deems appropriate. SIGNED this ) é Thay of I Na A , 2000. Robert G. Brooks, M. D. DEPARTMENT OF HEALTP’ Secretary, Department of Health DEPUTY CLERK CLERK eh R-Mlam DATE ee Qo- Z000 y: Nancy M. Snurkowski Chief Attorney General Counsel’s Office Practitioner Regulation — Legal COUNSEL FOR PETITIONER J Deborah B. Loucks Cx Senior Attorney Florida Attorney Number 0169889 . Agency for Health Care Administration ~.. L2Z\ Ad 2000 ‘Post Office Box 14429 Passe <8 97508 © eee Tallahassee, Florida 32317-4229 Racalges’, Dye ts SS ETNDEE TSO (850) 487-9694 —iesssi—i‘(‘sés_sS

Docket for Case No: 00-002005