STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING, Petitioner, vs. , Case Number: 2000-00604 JOHN MOSER, O | - [ G04 a Respondent. / ee ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” and files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling against JOHN MOSER, 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 456, Florida Statutes (formerly Chapter 455, part I; see Chapter 2000-160, Laws of Florida); and Chapter 491, Florida Statutes. Pursuant to 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 licensed Mental Health Counselor in the State of Florida, having been issued license number MH 187. 3. The last known address of the Respondent is 5001 Grande Drive #1624, Pensacola, Florida 32504. gree 4. In approximately August 1982, patient AK began attending counseling sessions with the Respondent. For the first month, patient AK attended sessions with her son, but then began individual counseling with the Respondent. | 5. During the counseling sessions, the Respondent would have AK utilize visualization _ ; techniques for relaxation, | PUTPOSes. _ eee ear ae ' 6. Intime, the Respondent began ts to have sexual intercourse with AK ing the counseling» 2 3.) ' sessions. - ane ae Restate te oye, 7 Se ore sate eee eke hglan! oy cee soe ; ; 7. On one occasion, the Respondent came to AK’s home and they had sexual intercourse. r 8. The sexual relationship continued until approximately 1994. Based on the foregoing, the Respondent has violated section 491.009 (2)(k), Florida Statutes, by committing any act upon a patient or client which would constitute sexual misconduct as defined in section 491.0111, Florida, Statutes and 64B4-10.002 2), Florida Administrative Code; L ; and section 491 00902), Florida Statutes, by failing to meet. the minimum standards of ; performance i in professional activities when measured against generally prevailing peer performance. : i ft F : | ‘ WHEREFORE, Petitioner respectfully requests the Board of Clinical Social Work, Mamriage and Family Therapy and Mental Health Counseling to enter an Order i imposing one or onsets Lidge neat more of the following penalties: revocation of suspension of the ‘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. oe wig ee 28s SIGNED this Dah day of 2001. Robert G. Brooks, M. D. Secretary, Department of Health Nancy M. Snurkows! Chief Attorney General Counsel’s Office Practitioner Regulation — Legal COUNSEL FOR PETITIONER: Deborah B. Loucks > Senior Attorney Florida Attorney Number 0169889 Agency for Health Care Administration DEPART! Practitioner Regulation — Legal DEPUTY CLERK ( Post Office Box 14229, Mail Stop #39 RK 4a Tallahassee, Florida 32317-4229 cle / (850) 487-9694 DATE. Cee. Shyers, Leeroy _ Pekced — oe oe

Docket for Case No: 01-001904PL