STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, vs. Case No. 94-07028 OSCAR LEE ZEITVOGEL, LMHC 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 OSCAR LEE ZEITVOGEL, LMBC, 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. ll. A UY 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 0001893. Respondent’s last known address is 2003 Wilson Avenue, Panama City, Florida 32405. Beginning on or about June 25, 1991 and continuing until on or about November 29, 1993, the Respondent provided treatment to patient MKJ. The Respondent prepared his initial diagnosis of MKJ on or about July 16, 1991. In this report, the Respondent indicated that MKJ was a very complex individual suffering from major depression with psychotic features, Multiple Personality Disorder, and a variety of physical ailments. On that date, the Respondent recommended biweekly sessions of individual therapy for MKJ, with an estimated duration of treatment of eight to ten years. Respondent’s progress notes for the two and half years he treated MK3J included approximately 200 dated entries. In his discharge summary of MKJ (which was dated November 29, 1993), the Respondent noted that it had become apparent that MKIJ needed long-term care in a specialty psychiatric hospital, and that there had been three crisis interventions during treatment where MKJ had threatened suicide. Prior to beginning treatment with the Respondent, MKJ had been receiving treatment and care from various psychologists and a psychiatrist. Based on notations made early in his treatment of MKJ, the Respondent knew that MK] was “‘a danger to herself and others.” , . On July 16, 1991, the Respondent noted in his treatment notes that MKJ had made a suicidal gesture and expresséd suicidal thoughts with a specific plan. In September 1991, the Respondent noted that MKJ was more psychotic than the Respondent had initially thought. 12. 13. 14. YW WY In December 1991, Respondeht noted that MKJ had called him for another session and had suffered new cuts on her body. Additionally, in February 1992, the Respondent noted that MKJ was at a high risk of hurting herself or others. Respondent failed to adequately and timely assure the safety of MKJ from the harm _ that she posed to herself or to others. Specifically, the Respondent failed to contact 15. 16. 17. 18. or enlist the aid of other professionals and/or authorities to ensure MKJ’s safety. On or about March 12, 1992, the Respondent noted that he encouraged MK] to seek long-term treatment in a specialized psychiatric hospital, but the Respondent did not make a referral or contact a specific person or facility at that time. The record indicates that the Respondent did not begin investigating and identifying specific long-term facilities for MKJ until approximately November 6, 1992, over a year into MK3J’s treatment. The first notation in the Respondent’s notes relevant to a consultation or contact with another mental health professional by the Respondent was made on March 5, 1992. Based on the severe pathology of MKJ, the Respondent failed to consult in a timely manner with other professionals regarding his treatment of MKJ. The first note containing a suggestion of a referral to a medical doctor occurred on July 1, 1992, approximately one year into MKJ’s therapy sessions. The Respondent failed to timely refer patient MKJ to a medical doctor. Respondent’s notes do not document any progress by MKJ during the two and one- half years that she was in treatment with the Respondent. The discharge summary suggests that MKJ’s emotional state may have been in a worse condition at the conclusion of treatment. VY UW 19. The background and educational information submitted by the Respondent does not support that the Respondent was qualified to treat a patient with a psychopathology as severe as that of MKJ. 20. During the course of treatment, the Respondent telephoned MKJ and encouraged her to masturbate while he listened and also masturbated. 21. On or about September 7, 1993, the Respondent had MKJ perform oral sex on him. 22. It is sexual misconduct for a psychotherapist to engage a client in sexual behavior or behavior intended to be sexually arousing and for a psychotherapist to engage a client in verbal or physical behavior which is sexually arousing or demeaning. 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, including the undertaking of activities for which the licensee is not qualified by training or experience and section 491.009 (2)(k), Florida Statutes, by committing any act upon a patient or client which would constitute sexual misconduct as defined pursuant to section 491.0111, Florida Statutes. Ww WU 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 the Respondent’s license on probation for a period of time and subject to terms and/or conditions, and/or any other relief which the Board deems appropriate. SIGNED this G@ day of 2000. Robert G. Brooks, M. D. Secretary, Department of Health FILED DEPARTMENT OF HEALTH D LBRK “Chief Attorméy General Counsel’s Office -MQA DATE eo Practitioner Regulation — Legal COUNSEL FOR PETITIONER: Upeborah B. Loucks Al Senior Attorney Florida Attorney Number 0169889 Agency for Health Care Administration Practitioner Regulation — Legal Post Office Box 14229 Tallahassee, Florida 32317-4229 Telephone: 850/ 487-9694 / KATZ, KUTTER, HAIGLER, ALDERMAN, BRYANT & YON’ ‘s PROFESSIONAL ASSOCIATION ar | ifs ATTORNEYS AND COUNSELORS AT LAW 09 “i Alf? www. katzlaw.com uw aA “ Orlando Office Tallahassee Office Miami Office Suite 900 12 Floor Suite 409 111 North Orange Avenue - 106 East College Avenue 2999 NE 191" Street ORLANDO, FL 32801 TALLAHASSEE, FL 32301 AVENTURA, FL 33180 WASHINGTON, De ae “ (407) 841-7100 (850) 224-9634 (305) 932-0996 (202) 393-1132 fax (407) 648-0660 fax (850) 222-0103 fax (305) 932-0972 fax (202) 624-065 Reply to: Tallahassee Office E-Mail: Billf@katzlaw.com July 27, 2000 Ms. Deborah Loucks Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317.4229 RE: Oscar Zeitvogel, Case No. 94.07028 Dear Deborah: This is to acknowledge receipt of the Administrative Complaint. Enclosed is our Request for Formal Proceedings. Do you really think the Board would accept your proposed settlement? Sincerely, William M. Furlow WMFIljb CC: Oscar Zeitvogel HAUSERS\BILLF\ZEITVOGE\Loucks.727.doc

Docket for Case No: 00-003199PL