} a Oy Lao . 5 a » STATE OF FLORIDA Sy A, DEPARTMENT OF HEALTH Loe nn 2, DEPARTMENT OF HEALTH, ° PETITIONER, V. CASE NO. 2001-12558 B. KERRY BROWN, L.C.S.W., RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Clinical Social.Work, Marriage and Family Therapy and Mental Health Counseling against Respondent, B. Kerry Brown, L.C.S.W., and alleges: 1. Petitioner is the state agency charged with regulating the practice of licensed clinical social work pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 491, Florida Statutes. 2. Respondent is a licensed clinical social worker (L.C.S.W.) in the state of Florida, having been issued license number SW 6262 on January 10, 2001. 3. Respondent’s address of record is 8080 North 56" Street, Temple Terrance, Florida 33617-7620. 4. On or around February 22, 2001, D.N. presented to Respondent for treatment. 5. D.N. was referred by a licensed psychiatrist to Respondent for treatment for depression. 6. In or around February 2001, D.N. and his wife, M.N., were separated and were in the process of determining custody of their two minor children. 7. Respondent saw D.N. for individual sessions on February 22, 2001, March 1, 2001, and March 8, 2001. 8. Respondent saw M.N. on or around March 22, 2001. M.N. gave Respondent her hand-written notes concerning D.N. 9. On or around June 28, 2001, Respondent was served with a Notice of Production From a Non-Party. . 10. The notice advised that M.N.’s attorney would seek a subpoena for release of D.N.’s medical records. 11. On or around August 28, 2001, Subject provided testimony in Case Number 01-DR-7594 in the Circuit Court of the Thirteenth Judicial Circuit, In and For Hillsborough County, Florida. The proceeding was a hearing to determine temporary primary residential custody and temporary support. 12. On or around August 28, 2001, Respondent testified that D.N. suffered from narcissistic personality disorder. 13. Respondent testified that he made the diagnosis of narcissistic personality disorder based on Respondent's observation of D.N. during the individual visits, based on D.N.‘s patient history, and based on information provided to Respondent by M.N. 14. Respondent's treatment notes did not reflect that Respondent had made a diagnosis of narcissistic personality disorder for D.N. prior to the time that he testified in the proceeding. 15. Respondent testified that a psychotherapist can make the diagnosis of narcissistic personality disorder by observing a patient and that no diagnostic tests are necessary. 16. Minimum standards of performance of professional activities in diagnosing personality disorders require that the psychotherapist performing the evaluation make a notation in the treatment record as to the diagnosis. 17. The treatment record for D.N. did not include a diagnosis of narcissistic personality disorder for D.N. . 18. Section 491.009(2)(s), Florida Statutes (2000), provides that the failure to meet minimum standards of performance in professional activities when measured against generally prevailing peer performance is an act for which disciplinary action may be taken. 19. Respondent, by making a diagnosis for D.N. that was not reflected in or supported by his notes, failed to meet minimum standards of performance in professional activities when measured against generally prevailing peer performance. 20. Based on the foregoing, Respondent violated Section 491.009(2)(s), Florida Statutes (2000), by failing to meet minimum standards of performance of professional activities when measured against generally prevailing peer performance. WHEREFORE, the Petitioner respectfully requests that the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling enter an order imposing one or more of the following penalties: suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. siGnep this day of COTEH Ce , 2003. John O. Agwunobi, M.D., M.B.A. Secretary, Department of Health By: Kathryn E. Price Assistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 850860 (850) 414-8126 ~* (850) 488-1855 FAX Reviewed and approved by:Dé £. Date 9 fe Sfo3 PCP: October 17, 2003 PCP Members: dane. Adejokun-Ojo, Lobnitz DOH v. B. Kerry Brown, Case Number 2001-12558 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on his or her behalf if a hearing is requested. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall assess costs related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed.

Docket for Case No: 04-001087PL