“we 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: 2000-11003 JOHN MICHAEL BONE, PH.D., — (I-4569 PL Respondent. / 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 MICHAEL BONE, Ph. D., 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 (formerly Chapter 455, Part Il; 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, in € d prosecutorial services required by the es material hereto, a licensed Mental Health “ Counselor in the State of Florida, having been issued license number MH 1221. 3. The last address of record for the Respondent is 1177 Louisiana Avenue, Winter Park, Florida 32789. Og or pewter erm eee were Ogee Mer oro | an “ae COUNTI 4. Petitioner realleges and incorporates paragraphs one (i) through three (3) as if fully set forth herein this Count One. 5. In approximately March 1999, the Respondent was contacted by DL. The Respondent was asked to develop an opinion relevant to the existence of parental alienation in DL’s post-divorce situation. 6. As part of his assessment process, the Respondent reviewed the: marital settlement agreement; transcript of a domestic violence action between the parents; testimony transcript of various witnesses, including the children’s treating psychologist, the father, the mother, the father’s girlfriend, a guidance counselor and other witnesses; and post-judgment pleadings and responses. 7. The Respondent had multiple conversations with DL, the children, and DL’s parents regarding the familial situation. 8. The Respondent spent one day at DL’s house observing the interaction between the children and DL. 9. The Respondent never met with the mother, HA, the primary custodial parent. 10. On or about September 14, 1999, the Respondent testified in a post-divorce hearing involving DL and HA. 11. During this testimony, the Respondent opined that parental alienation existed and that the mother, HA, was the alienating parent. : 12. The Respondent testified that it was his opinion that the children needed to spend significantly more time with their father to correct the effects of the alienation. 13. During his testimony, the Respondent presented a treatment plan that contained three stages. In the first stage, the children would reside with the father, having little to no contact with the mother. The treatment plan envisioned a gradual increase in permitted contact between the mother and the children. REET POTS RET TORRE TE RE AE IE mR poe eee eo e 14, If adopted by the Court, the treatment plan recommended by the Respondent would result in a change of custody. 15. Rule 64B4-7.006, Florida Administrative Code sets forth the requirements for evaluations of minors for the purpose of addressing custody, residence, or visitation disputes. This tule requires a licensee to be impartial, act in the best interests of the children, avoid conflicts of i interest, not be the treating psychotherapist nor had any other prior relationship with any of the people being evaluated, and use multiple avenues of data gathering. These avenues of data gathering include testing and interviewing and shall involve all persons central to the children in question. . 16. The Respondent did not remain impartial nor did he involve all the parties central to the children in question. 17. The Respondent is subject to discipline for violating Section 491.009(2)(q), Florida Statutes, violating provisions of this chapter, or of chapter 456, or any rules promulgated pursuant thereto, by violating Rule 64B4-7.006, Florida Administrative Code. COUNT 0 18. Petitioner realleges and incorporates paragraphs one (1) through three (3), as if fully set forth herein this Count Two. ut October 13, 200 th i vestigator went to to the Respondent's office. 19. While at the office the investigator picked up one of 1 listed the Respondent as “I. Michael Bone, Ph. D., P. A” “There was no indication of licensure on the . Respondent's business card. 20. Section 491.0149(1)()(3), Florida Statutes, requires a licensed mental health counselor | to include the words “licensed mental health counselor” or the designation “LMHC” on all promotional materials. The statute identifies cards as a promotional material. 21. The Respondent is subject to discipline for violating Section 491.009(2)(q), Florida Statutes, violating provisions of this chapter, or of chapter 456, or any rules promulgated pursuant thereto, ent’s business cards, The bi siness card oe CO ree mercenaria SORE TPR ee rere ore pe ae by failing to list his licensure Status on his business cards as required by Section 491.0149, Florida Statutes. 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; 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 [odn day of 2001. D Robert G. Brooks, M. D. DEPARTMEN; OF HEALTH Secretary, Department of Heal CYERK CLERK rt’ By: Nancy M. Snurkowski Chief Attorney General Counsel’s Office Practitioner Regulation — Legal oate__SEP 2 7 anny ee COUNSEL FOR PETITIONER: Deborah B. Loucks y . Senior Attorney Florida Attorney Number 0169889 Agency for Health Care Administration Practitioner Regulation — Legal Post Office Box 14229, Mail Stop #39 Tallahassee, Florida 32317-4229 (850) 487-9694 ae: Dadeorun-dp doi te _Lmgs On Bholoi ee ee tee Ci i eee ee a

Docket for Case No: 01-004569PL