STATE OF FLORIDA
BOARD OF PSYCHOLOGY
Pinal Ordff No. DOmH-0
FILED DAR • 1
of
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DEPARTMENT OF HEALTH. BOARD OF PSYCHOLOGY.
By: i,) c;;J,• e,
0tputy A&ency
Petitioner.
\IS.
FRANK BROWN,
Respondent.
DOAH CASE NO: 01-4192PL AHCA CASE NO.: 2000-15736 LICENSE NO.: PY2079
FINAL ORDER
This matter was heard by the Board of Psychology (hereinafter "the Board") pursuant lo Section
120.569 and 120.57(1), Florida Statutes. on June 7, 2002, at a duly-noticed publie meeting of the Board held in Tampa, Florida, for consideration of the Administrative Law Judge's Recommended Order(a copy of which Is attached hereto as ·Exhibit A") In the case of Department of Health, Board of Psycllology v. Frank Brown, DOAH Case No. 01-4192PL; and for consideration of Respondent's motion for stay of suspension . Respondent was served with an Administrative Complaint, filed August 17, 2001, alleging a violation of Seclion 490.009{2)(c). Florida Statutes. (A copy of the Admlnlstrallve ComplafRt is attached hereto as "Exhibit «B".) At the June 7, 2002, meeting of tho Board, the Respondent was present, and he was represented by Paul W. Lambert, Esquire. The Petltioner was represented by Mary Denise O'Brien, Esquire, Agency for Health Care Administration.
Upon consideration of the Administrative Law Judge's Recommended Order, efler review of the entire record and having been otherwise fully advised In its premises, the Board makes the following
findings and conclusions:
FINDINGS OF FACT
. The Administrative Law Judge's Findings of Fact are approved and adopted In toto and are Incorporated herein by reference.
Through counsel, Respondent filed axcepUons to the Admintstratlve Law Judge's
Recommended Order; however, Respondent's motion for stay of suspension withdrew the exceptions.
Section 456.072(4), Florida Statutes, provides that In aodillon to any other discipline imposed
through final order entered on or after July 1. 2001, for a violation of the practice act. the Board shall
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assess costs related to the investigation and prosecution of the case.
The costs of investigation and prosecution of this matter total thlrteeo thousand, forty-six dollars and fifty-three cents ($13,046.53).
There ls competent, substantial evidence to support the Board's findings.
CONCLUSIONS OF LAW
The Board has Ju r isd iction of the parties and subject matter of this case pursuant to iOns
12.569and12.57,Fl0<ida Statutes . and Chapter 490, Florida Statutes.
The Administrative Law Judge's Conciusioos of Law are approved and adopted in toto and are incorporated herein by reference.
There is competent, substantial evidence to support the Board's conciuslons.
PENALTY
Upon a complete review of the record. the Board approves and adopts the Administrative Law Judge's recommendation that a Final Order be entered finding that Respondent, Frank BroNn, violated Section 490.009(2)(c), Flortda Statutes, and suspending his license to practice psychology for one year,
or a lesser period of time should he demonstrate to the Board that he is rehabilitated.
WHEREFORE, ft Is ORDERED AND ADJUDGED that the license of the Respondent, Frank Brown. to practice psychology, license number PY 2079. is suspended for one year, or a lesser period of time should he demonstrate to the Board that he Is rehabilita ted. Respondent shall pay the costs of Investigationand prosecution of ttiis matter, which total thirteen thousand, forty-six dollars and fifty-three cents ($13,046 .53). Respondent shall pay this amount to the Department of Health, Board of Psychology, P.O . Box 6340, Tallahassee, Florida 32314, within one year of the date of filing of this Final
dayr ,
Order.
The Respondent's motion for stay of suspension Is denied.
This Final Order shall become effective upon filing wtth the Cleric of the Department of Health.
DONE ANO ORDERED. tt,;s .£_
200 2 ,
BOARD OF PSYCHOLOGY
(L9
Howerton, Executive Director,
for Keturah Jenkins-Hall, Ph.D., Chair
Kaye
NOTICE OF RIGHT TO APPEAL
Pursuant to Sectlon 120.569, Florida Statutes, the parties are hereby notified lhat they may appeal lhls Final Order by filing one copy of a Notice of Appeal wtth the Cieri< of the Depar1ment of Heatlh and by fifing the filing fee and one copy of lhe Notice of Appeal with the District Court of Appeal within 30 days of the date this Final Order is fded.
CERTIFICATE PE SEBY!CE
I HEREBY CERTIFY THAT a true and correct copy of the foregoing has been forwarded by United States Mau to Paul W. Lambert, Esquire, Magnolia centre. Sutte 102, 1203 Governor's Square Boulevard, T all ahassee, Florida 32311-2960; Lisa P98$8, Eaqulre, 2727 Mahan OrtYe, Malstop 39,
Tallahassee, Florida 32308; and to Ma,y Denise _9'8rlen, Esquire, Senior Attorney, AQerw;;y for Health
care Administration, P.O. Box 14229, Tallahasaee, Florida 32317-4229, on lhla 4- g/
day of
F:WSERS\ADMIN\Su \BrcMn. Fnink FinalOrd«.wpd
Issue Date | Document | Summary |
---|---|---|
Feb. 27, 2002 | Recommended Order | Exhibitionism found to directly impact a psychologist`s fitness to practice his profession. |
MENTAL HEALTH COUNSELORS vs CHARLES W. HARRIS, 01-004192PL (2001)
DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs EDWARD VINCENT NORTON, 01-004192PL (2001)
JAMES R. SULLIMAN vs. BOARD OF PSYCHOLOGICAL EXAMINERS, 01-004192PL (2001)
JOSEPH J. WHITE vs. BOARD OF PSYCHOLOGICAL EXAMINERS, 01-004192PL (2001)