May 7 200? 15:29 MAY-GP-268? 15:44 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING, Petitioner, V5. Case Number: 2001-08810 ALAN EDWARD KENNEDY, LMHC, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Health, hereinafter referred to as “Petitioner,” by and through undersigned counsel, and files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling against ALAN EDWARD KENNEDY, 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 II; see Chapter 2000-160, Laws of Florida), and Chapter 491, Florida Starutes. 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 6016. 3, The Jast address of record for the Respondent is 19127 Gunn Highway, Odessa, Florida 33556. 4. In the early 1990's, Patient MS had received counseling services from the Respondent. COUNTI 4s. Petitioner realleges and incorporates paragraphs one (1) through four (4) as if fully set forth herein. May 7 2007 15:29 MAY-BP-2aR7 15:45 6. In approximately January 2001, MS sought treatment and counseling with the Respondent. MS sought counseling to address issues related to past sexual abuse, 7. On approximately January 19, 2001, the Respondent consulted with MS's psychiatrist about MS's treatment. On approximately February 12, 2001 and March 12, 2001, Respondent accompanied MS to her sessions with her psychiatrist. The Respondent discussed MS's treatment with the psychiatrist at the February 12, 2001 session, 8. The therapeutic relationship between the Respondent and MS ended in approximately June 2001. 9. In approximately January or February 2001, the Respondent and Patient MS began a sexual relationship. Respondent engaged in sexual relations with MS at his home and in his vehicle. 10. Section 491.009 (2)(k), Florida Statutes (2000), states that a licensee may be subject to discipline for 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. Section 491.0111, Florida Statutes, states that sexual misconduct shall be defined by rule, Rule 64B4-10.002(1), Florida Administrative Code, states: It is sexual misconduct for a psychotherapist to engage, attempt to engage, or offer to engage a client in sexual behavior, or any behavior, whether verbal or physical, which is intended to be sexually arousing, including kissing; sexual intercourse, either genital or anal; cunnilingus; fellatio; or the touching by the psychotherapist or the client of the other’s breasts, genital areas, buttocks, or thighs, whether clothed or unclothed, il. The Respondent is subject to discipline for violating Section 491.009(2)k), Florida Statutes (2000), by committing any act that is defined as sextial misconduct by Section 491.011 1, Florida Statutes, and 64B4-10.002, Florida Administ: Code. COUNT IT 12, Petitioner realleges and incorporates paragraphs one (1) through four (4) and six (6) through eight (8) as if fully set forth herein this Count 0. May 7 200? 15:29 MAY-GP-288? 15:45 Pa? 13. Respondent failed to maintain records of the counseling sessions that he had with patient MS from the period of approximately January 2001 through June 2001. 14. The Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling has promulgated Rule 64B4-9.001(1) and (2), Florida Administrative Code, that requires licensees to maintain psychotherapeutic records relating to the treatment provided to patients for a period of seven years. Rule 64B4-9.002(1),(2) and (3), Florida Administrative Code, defines a psychotherapeutic record; sets forth the minimum information that should be contained in a psychotherapeutic record; and defines who 1s a client. 15, The Respondent is subject to discipline for violating Section 491.009(2)(q), Florida Statutes (2000), violating provisions of this chapter, or of chapter 456, or any mules adopted pursuant thereto, by failing to maintain records as defined and required in Rule 64B4-9.001(1) and (2), and Rule 6484-9.002(1), (2) and (3), Florida Administrative Code, COUNT I 16. Petitioner realleges and incorporates paragraphs one (1) through four (4), six (6) through ten (10), and thirteen (13) and fourteen (14) as if fully set forth herein this Count IIT. 17. Respondent met patient MS for lunch dates during the time that counseling was occurring. Meeting a client for lunch dates creates an inappropriate dual relationship and does not meet the minimum standards of performance in professional activities. 18. Respondent met patient MS for counseling sessions in restaurants. Conducting counseling in restaurants fails to meet the minimum standards of performance because confidentiality of the patient's disclosures cannot be assured. 19. The Respondent is subject to discipline for violating Section 491.009(2)(s), Florida Statutes (2000), failing to’ the meet the measured against generally prevailing peer performance by engaging in sexual misconduct with a patient; failing to maintain psychotherapy records for services provided to a client; engaging in inappropriate dual relationships with clients; and conducting therapy sessions in restaurants. May 7 200? 15:30 MAY-GP-268? 15:45 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 ofthe following penalties: revocation or suspension of the Respondent’s license; restriction of Respondent's practice; imposition of an adminiswative fine; assessment of the costs for investigation and prosecution of this matter; issuance of a reprimand; placement of the Respondent’s license on probation for a period of time and subject to terms and/or conditions; corrective action; refund of fees billed and collected; remedial education: and/or any other relief which the Board deems appropriate SIGNED this coh day of Vea _f a , 2002. i, M, General Counsel’s Office Practitioner Regulation - Legal COUNSEL FOR PETITIONER: Deborah B. Loucks dl Senior Attomey Florida Attomey Number 0169889 Agency for Health Care Administration DEPARTMENT OF HEALTH Practitioner Regulation — DEPUTY CLERK ulation — Legal a Post Office Box 14229, Mail Stop #39 CLERK Yahi kK i 4 Tallahassee, Florida 32317-4229 DATE 2, atfoz (850) 487-9694

Docket for Case No: 07-001971PL