. A, STATE OF FLORIDA ® (a DEPARTMENT OF HEALTH Wo DEPARTMENT OF HEALTH, %& Petitioner, vs. AHCA Case No.: 99-01189 ; PHILIP JOHN CORTESE, O | ~ OLA. Pe Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARMENT OF HEALTH, hereinafter referred to as “Petitioner,” files this _ Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy, and Menta! Health Counseling against PHILIP JOHN CORTESE, hereinafter referred to as “Respondent,” and alleges: 1. 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 456, Florida Statutes (formerly Chapter 455, Part II; see Chapter 2000-160, Laws of Florida), and Chapter 491, Florida Statutes. Pursuant to the authority of Section 20.43 (3)(g), Florida Statutes, the Department has contracted with the Agency for Health Care Administration to provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards as appropriate. 2. Respondent is, and has been at all times material hereto, a Registered Mental Health ’ Intern, having been issued registration number 0001125, by the State of Florida. 3. Respondent’s last address of record is 720 Emerson Drive, Palm Bay, Florida 32907. 11. 12. 13. 14. During the time relevant to this complaint, approximately October 1997 until June 1998, the Respondent was a Registered Mental Health Counseling Intern, working as an independent contractor at Freedom Counseling Ministries. The rules governing the practice of mental health counseling prohibit an intern from practicing as an independent contractor. On or about October 15, 1997, the Respondent began providing counseling services to patient DM. This counseling relationship ended on or about June 25, 1998. Respondent also provided counseling services to DM’s daughter, SM and DM’s husband, RM. The Respondent saw SM for one counseling session, which occurred on or about March 30, 1998. During the course of these counseling relationships with this family, the Respondent was told that RM had sexually abused SM, a minor child. . Florida Statutes require the Respondent to report this alleged case of child sexual abuse, then section 415.504, Florida Statutes (now section 39.201, Florida Statutes). The Respondent did not report the alleged child sexual abuse and SM continued to reside in the same house with RM, the alleged perpetrator. On or about April 27, 1998, another party reported the alleged sexual abuse by RM, leading to RM’s arrest and detention in the Brevard County Detention Center. On or about April 29, 1998, RM committed suicide in his jail cell. On or about April 23, 1998, DM’s psychiatrist initiated a Baker Act order seeking to hospitalize DM. DM was not hospitalized, but released into the care of David Linger, the Respondent’s supervisor. On or about April 25, 1998, the Respondent received a message to telephone DM because of a family emergency. The Respondent telephoned DM?’s home and spoke with an acquaintance of DM’s , Kathy P. Kathy P. told the Respondent that DM had ia t t expressed suicidal thoughts to her. The Respondent told Kathy P. that if she believed that DM was unstable, that Kathy P. should stay with her. The Respondent provided no further directives relevant to what actions, if any, KP should take. 15. Subsequent to his telephone conversation with KP, the Respondent telephoned his supervisor, David Linger; however, the Respondent did not take any other measures to ensure the safety of DM. The Respondent did not follow up with the family subsequent to these telephone conversations. Based on the foregoing, Respondent is subject to discipline for violation of section 491.009(2)(h), Florida Statutes, by violating section 415.504 (now section 39.201), Florida Statutes, for failing to perform any statutory or legal obligation placed upon a person registered under this chapter by not reporting the child sexual abuse; and 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 the Respondent’s license; restriction of Respondent’s practice; imposition of an administrative fine; issuancé 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 for any such further relief which the Board deems appropriate. SIGNED this _ | Zi b day of ( de Cua by- , 2000. Robert G. Brooks, M. D. Secretary, Department of Health , Nancy M. Snurkowski | Chief Attorney General Counsel’s Office -MQA Practitioner Regulation — Legal COUNSEL FOR PETITIONER: Deborah B. Loucks w Senior Attorney Florida Attorney Number 0169889 Agency for Health Care Administration Fl LE D Practitioner Regulation — Legal DEPARTMENT OF HEALTH Tal asec i“ ia 32317 4229 DEPUTY CLERK allahassee, Florida ~ rn (850) 487-9694 cuenk Yehike Kenon pate_/ &- Fee 12\\\ay

Docket for Case No: 01-000694PL