STATE OF FLORIDA DEPARTMENT OF HEALTH _ DEPARTMENT OF HEALTH, Petitioner, vs. . ' Case No. 99-02756 DEBORAH ANN HULBERT, LCSW, 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 DEBORAH ANN HULBERT, LCSW, hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with regulating the practice of clinical social work pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 491, Florida Statutes. 2. Pursuant to the authority of Section 20.43(3X(8), 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. 7 aE HE TE 5 RMT pre cert _ 3. Respondent is and has been at all times material hereto, a licensed Clinical Social Worker, licensed in the State of Florida, having been issued license number SW ~ 0004434. . 4. Respondent’s last known address is 1320 Northwest 3" Terrace, Cape Coral, Florida 33909. 5. Respondent began providing counseling services to the minor children of DM, the Complainant, on or about February, 1998. 6. Ina letter dated November 19, 1998, the Complainant DM, wrote and advised the Respondent that she was terminating the professional relationship between the Respondent and DM’s minor children. 7. Inthe letter dated November 19, 1998, DM requested that the Respondent forward copies of the Respondent’s treatment notes to a subsequent treating therapist. 8. The Respondent failed to provide the subsequent treating therapist with copies of these notes as is required by Florida statute. 9. DM finally received a copy of the children’s notes from the office of Patty Morgan, Assistant Attorney General, who seized the Respondent’s records as part of a Medicaid Fraud investigation. 10. The Respondent terminated her professional practice without advising her clients _fitough publication in the newspaper of ‘greatest circulation in the county in which _ the ti licensee Practiced, a notice containing the date of termination of Practice or . relocation and an address at which the licensee? s patient records are available. “Based on the foregoing, Respondent i is subject to ‘discipline for violation of section (2 \(q) throug a violation 0 section 455.667 (4) [presently 456.057(4)], Florida Statutes, by failing to provide in a timely manner, copies of all reports and records , relating to treatment upon written request and a violation of section 491.009 (2)(q), Florida Statutes, through a violation of 64B4-9.001(3), Florida Administrative Code, by failing to publish a notice stating the date of termination or relocation of the licensee's practice and an address at which the patient records are available in a newspaper of greatest circulation in the county in which the licensee practiced. 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 bth — LY th aay of Ohta -, 2000. Robert G. Brooks, M. D. Secretary, Department of Health Nancy M. Snurkows Chief Attorney" General Counsel’s Office —MQA Practitioner Regulation ~ Legal ~ COUNSEL FOR PETITIONER: "Deborah B. Loucks © Senior Attorney FIL D Florida Attorney Number 0169889 ; __ DEPARTMENT OF ; Agency for Health Care Administration DEPUTY Gene’ TH Practitioner Regulation — Legal on Post Office Box 14229 i settee OEE RK Uihi Re Fen on Tallahassee, Florida 32317-4229 . DATE /O [FG / Qecs “yy Telephone: 850/487-9694 oe. 7 Rep Bde lo (ef2 Joo cet meee meee?

Docket for Case No: 01-003777PL

Orders for Case No: 01-003777PL