Juil lo Z£UuF tl -D4 JUN-13-2887 12:18 P.@5/31 . - 45738 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, 0 Ao S 3, CU, Petitioner, | Vv. CASE NO, 2006-38327 TODD C. RABONE, L.M.H.C., Respondent, ADMINISTRATIVE COMPLAINT COMES NOW the 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 (Board) against Todd C. Rabone, L.M.H.C., and alleges: 1. Petitioner is the state department charged with regulating the practice of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling pursuant to section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 491, Florida Statutes. 2. Respondent js, and has been at all times material hereto, a licensed mental health counselor in the State of Florida, having been issued license number MH 6966 on February 21, 2002. --1-- 1:\PSU\Allied Healtn\Cynthla Jakeman\aCc Rabone 3-15-07 2.doc JUN-13-28@87 12:18 3. Respondent's address of record is 7828 NW 113 Way, Parkland, Florida, 33076. 4. At all times material hereto, the Respondent was employed by the Drug Abuse Foundation of Palm Beach County, Florida, (‘DAF’), as a counselor. 5. The DAF provides residential (inpatient) treatment programs for individuals with substance abuse problems. 6. The Respondent had been employed as a counselor since on or about November 24, 2004. 7. As part of the Respondent's duties with DAF, he conducted court-ordered therapy sessions with female patients. FACTS RELATED TO PATIENT 3.K, 8. On or about August 21, 2006, J.K., a female residential patient at DAF, had her first court-ordered therapy session with the Respondent. 9, During this therapy session, the Respondent asked J.K. a series of questions regarding J.K.’s history of drug usage and past sexual history. 10. During the Respondent’s questioning of J.K., he made comments including: “Are you the type of girl that would make the first move?” and “You're getting me excited.” 11, As the therapy session continued, the Respondent pulled J.K.’s chair close to him and began caressing her thighs and legs. 12. The Respondent began to massage his penis and kiss J.K. on her mouth. --2-- J3:\PSU\Atied Health\Cynthie Jakeman\AC Rabone 3-13-07 2.doc P.@6/738 JUN-13-288@7 12:18 P.@7738 13. The Respondent unbuttoned his pants and pulled down his underwear exposing his penis. 14, The Respondent then pulled 1.K.'s head down, forcing her to perform oral sex on him. 15. After the Respondent ejaculated on her face, J.K. wiped the seminal fluids from her face onto her pants. 16. The Respondent then attempted to remove 1.K.’s pants; however, J.K. pushed the Respondent away. 17. The Respondent stated to 1.K.: “I know you're not going to tell anyone because you don't want to go back to jall.” 18. J.K. belleved that the Respondent had the authority to discharge her from the facility and have her incarcerated if she reported the incident. 19. As J.K. was leaving the Respondent's office, the Respondent stated to 3.K.:, “Maybe tomorrow you'll have a problem and you will come see me before any clients.” 20. On or about August 22, 2006, the Respondent sought out 3.K, and requested she go to his office. 21. As 1.K. entered his office, the Respondent closed the blinds and locked the door. 22. The Respondent then attempted to remove J.K.‘s pants while she was seated. --3+- J:APSU\Alied Health\Cynthia Jakeman\AC Rabone 3-13-07 2.doc JUN-13-2007 12:11 TN ke et bt >. aa/3a 23. The Respondent then removed J.K. from her chair and positioned her over his desk with her pants pulled down. 24. The Respondent began to rub his penis on the exterior of 3.K.'s vagina and anus. 25. The Respondent then began to Insert his fingers into J.K.’s vagina. 26. J,K. became very emotional and began to cry. 27. The Respondent stopped and allowed her to leave. 28. When J.K. left the Respondent's office, she contacted a friend, R.J., who in turn contacted J.K.'s father, who then contacted the DAF and informed DAF of the incident. FACTS RELATED TO PATIENT J.H. 29. J.H., a female, was ordered by the court to enter the DAF, and she entered the facility as a residential patient on or about May 17, 2006. 30. Through the course of her treatment, the Respondent was assigned to her as her therapist. 31. J.H. stated that during therapy sessions with the Respondent, he would ask J.H. if he could touch her breasts. 32. During J.H.’s sessions with the Respondent, he would caress her legs and inner thighs and commented that he thought she was sexy, and he would like to have sex with her. oe Gee J:APSU\Alhed Health\Cynthla Jakeman\aC Rabone 3-13-07 2.doc JUN-13-2087 12:11 oo ee P.89738 33. When J.H. refused to have sex with the Respondent, the Respondent stated that J.H. did not have to have sex with him. The Respondent stated that J.H. could watch him masturbate and allow him to rub J.H.’s breasts. 34. Onor about August 22, 2006, the Respondent met with J.H. in his office, and the Respondent began masturbating in front of 3.H. and touching J.H.'s breasts. 35. The Respondent ejaculated into a paper towel, which was disposed of into a garbage can. 36. The Respondent continually told J.H. that if she told anyone about what happened during their therapy sessions, he would make sure she went back to jail and would never get custody of her child fram the Department of Children and Family Services. 37. JH. believed that the Respondent had the authority to discharge her from the facility and force her to return to jail, jeopardizing the custody of her child. FACTS RELATED TO PATIENT M.W. 38, | M.W., a female, was court-ordered to enter the DAF as a residential patient on or about July 3, 2006, and the Respondent was assigned as her therapist. 39. M.W. stated that during therapy sessions with the Respondent, he made inappropriate comments regarding M.W.’s sex life with her boyfriend including: “Your boyfriend can’t get it up,” and “Your boyfriend is not good in bed.” 40. M.W. stated that at the close of group sessions, the Respondent would caress her back and buttocks when they were standing in a circle. --S5-- 3:\PSU\Allied Health\Cynthia Jakeman\aACc Rabone 3-13-07 2.00¢ JUN-13-20@7 12:11 “ees P. 18734 -18¢ 41. MW. stated that during private therapy sessions with the Respondent, he would caress her legs, including her inner thighs and kiss her. 42. M.W, believed that if she reported the Respondent’s comments and actions, she would be discharged from the facility and be remanded to jail, which would adversely affect the custody of her child. FACTS RELATED TO PATIENT K.C. 43. _K.C., a female, was court-ordered to the DAF as a residential patient, and the Respondent was assigned as her therapist. 44, _ K.C. stated that during therapy sessions with the Respondent, he would caress her legs and make inappropriate comments concerning her bi-sexuality. 45. _ K.C. further reported that during one instance the Respondent remarked, *He would have nice thoughts when he went home,” and, “Would K.C. like to meet his wife?” 46. The Respondent threatened K.C. by stating that he would discharge K.C. from the DAF if she mentioned their conversations to anyone. FACTS RELATED TQ PATIENT A.B. 47. A.B., a female, was court-ordered to the enter DAF as a residential patient and the Respondent was assigned as her therapist. 48. A.B. stated that during her therapy sessions with the Respondent, he would caress her legs. “se 6 oe J:\PSU\Allied Health\Cynthta Jakeman\AC Aabone 3-13-07 2.dac JUN-13-28@87 12:11 yur aw 2uul dieu COUNT ONE 49, Petitioner realleges and incorporates paragraph one (1) through forty- eight (48) as if fully set forth herein. 50. Section 456.072(1)(v), Florida Statutes (2006), (formerly codified at 456.072(1)(u), Florida Statutes (2005)), subjects a licensee to discipline, including suspension, for engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2005-2006). 51. Section 456.063(1), Florida Statutes (2005-2006), defines sexual misconduct in the practice of a health care profession as a violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional practice of such health care profession. Sexual misconduct in the practice of a health care profession is prohibited. 52. Respondent violated Section 456.072(1)(v), Florida Statutes (2006), (formerly codified at 456.072(1)(u), Florida Statutes (2005)), in one or more of the following ways: a. By making inappropriate comments to J.K., including: “Are you the type of girl that would make the first move?" and “You're getting me excited”; by caressing J.K.'s thighs and legs; by massaging his penis and Kissing J.K. on her mouth; by unbuttoning his pants; by pulling down. his underwear; by exposing -o7ee JAAPSU\Allied Health\Cynthia Jakeman\AC Rabone 3-13-07 2.doc P.11738 Jule 19 Z0Uf EL?D6 JUN-13-2887 12:12 P. 12730 his penis; by forcing J.K. to perform oral sex on him; by ejaculating on J.K.’s face; by attempting to remove J.K,'s pants; by threatening 1.K, with incarceration if she told anyone about the incident; by pulling J.K.’s pants down; by rubbing his penis on the exterior of 1.K.’s vagina and anus; and by inserting his fingers in J.K.’s vagina. b. By asking J.H. if he could touch her breasts; by caressing J.H.‘s legs and inner thighs; by making the comment that J.H. was sexy; by making the comment that he would like to have sex with J.H.; by stating to J.-H. that J.H. could watch the Respondent masterbate and allow the Respondent to touch J.H.’s breasts; by masterbating in front of 3.H.; by touching J.H.’'s breasts; by ejaculating into a paper towel; by threatening J.H. with incarceration if she told anyone about what happened during their therapy sessions; and by threatening J.H. with Joss of custody of her child if she told anyone about what happened during their therapy sessions. c. By making inappropriate comments during therapy sessions with M.W., including: “Your boyfriend can’t get it up,” and “Your boyfriend is not good in bed”; by caressing M.W.'s back and buttocks during group therapy; by caressing M.W.’s inner thighs during therapy sessions; by kissing M.W.; by threatening M.W. with incarceration if she reported the Respondent's actions and comments to anyone; and by threatening M.W. with loss of custody of her child if she reported the Respondent's actions and comments to anyone. --Bs- J:\PSU\Allied Health\Cynthia Jakeman\AC Rabone 3-13-07 2.doc JUN-13-2087 12:12 dun to 2uur 14-30 P.13-3a d. By caressing K.C.’s legs during therapy sessions; by making inappropriate comments concerning K.C.'s bi-sexuality during therapy sessions, including one instance in which the Respondent remarked to K.C. that, “He would have nice thoughts when he went home,” and “Would K.C. like to meet his wife?; and by threatening K.C. with discharge from DAF if she mentioned his conversations to anyone. e. By caressing A.B.'s legs during therapy sessions. 53. Based on the foregoing, Respondent has violated Section 456.072(1)(v), Florida Statutes (2006), (formerly codified at 456.072(1)(u), Florida Statutes (2005)), for engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes (2005-2006). COUNT TWO 54, Petitioner realleges and incorporates paragraph one (1) through forty- eight (48) as if fully set forth herein, 55. Section 491.009(1)(k), Florida Statutes (2005-2006), subjects a licensee to discipline, including suspension or revocation, for committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as defined pursuant to Section 491.0111, Florida Statutes (2005-2006). we i?) es 2:\PSU\Alhed Health\Cynthia Jakeman\aC Rabone 3-13-07 Z.doc . Jun 15 4Uur Lleb¢r JUN-13-2807 12:12 P.14¢30 56. Section 491.0111, Florida Statutes (2005-2006), provides that sexual misconduct by any person licensed under Chapter 491 in the practice of his or her profession is prohibited. Sexual misconduct shall be defined by rule. 57, Rule 64B4-10.002, Florida Administrative Code, defines sexua! misconduct as engaging, attempting to engage or offering 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 either the psychotherapist or the client of the other's breasts, genital areas, buttocks, or thighs, whether clothed or unclothed. 58. Respondent violated Section 491,009(1)(k), Florida Statutes (2005-2006) in one or more of the following ways: a. By making inappropriate comments to J.K., including: “Are you the type of girl that would make the first move?” and “You're getting me excited”; by caressing J.K.’s thighs and legs; by massaging his penis and kissing J.K. on her mouth; by unbuttoning his pants; by pulling down his underwear; by exposing his penis; by forcing J.K. to perform oral sex on him; by ejaculating on J.K.'s face; by attempting to remove J.K.’s pants; by threatening J.K. with incarceration if she told anyone about the incident; by pulling J.K.’s pants down; by rubbing his penis on the exterior of J.K.’s vagina and anus; and by inserting his fingers in J,K.’s vagina. ae 10 ae 3:\PSU\Allied Health\Cynthte Jakeman\aAC Rabone 3-13-07 2.doc JUN-13-2087 12:13 oun be aoe eee » 15/70 b. By asking J.H. If he could touch her breasts; by caressing J.H.'s legs and inner thighs; by making the comment that J.H. was sexy; by making the comment that he would like to have sex with J.H,; by stating to 1.H. that J.H. could watch the Respondent masterbate and allow the Respondent to touch J,H.'s breasts; by masterbating in front of J.H.; by touching J.H.’s breasts; by ejaculating into a paper towel; by threatening J.H. with incarceration if she told anyone about what happened during their therapy sessions; and by threatening J,H. with loss of custody of her child if she told anyone about what happened during their therapy sessions. C. By making inappropriate comments during therapy sessions with M.W., including: “Your boyfriend can’t get it up,” and “Your boyfriend is not good in bed”; by caressing M.W.'s back and buttocks during group therapy; by caressing M.W.’s inner thighs during therapy sessions; by kissing M.W.; by threatening M.W. with incarceration if she reported the Respondent's actions and comments to anyone; and by threatening M.W. with loss of custody of her child if she reported the Respondent's actions and comments to anyone. d, By caressing K.C.’s legs during therapy sessions; by making inappropriate comments concerning K.C.’s bi-sexuality during therapy sessions, including one instance in which the Respondent remarked to K.C, that, “He would have nice thoughts when he went home,” and “Would K.C. like to meet his wife?; and by threatening K.C. with discharge from DAF if she mentioned his conversations to anyone. : --Lll-- J:\PSU\Allied Health\Cynthis Jakeman\AC Rabone 3-13-07 2.doc dui lo zuur lb-or JUN-13-28@87 12:13 P. 16/38 e, By caressing A.B.'s legs during therapy sessions. 59. Based on the foregoing, Respondent violated Section 491.009(1)(k), Florida Statutes (2005-2006), by committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as defined pursuant to Section 491.0111, Florida Statutes (2005-2006). 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: permanent revocation or 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. re ah SIGNED this Qt _ day of MarcAT 2007, Ana M. Viamonte Ros, M.D., M.P.H. Secretary, Department of Health ch johomer— Cynthia L. Jakeman sy poy Assistant General Counsel F DN OE AEALTH Florida Bar Number 0714690 DEPARTMENT OF [ EPUTY CLERK Department of Health CLERK: Bao t eLe. Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Ae . , DATE__ “27s Tallahassee, FL 32399-3265 (850) 245-4640 voice (850) 245-4682 FAX --12-- 2:\PSU\Allied Health\Cynthia Jakeman\Ac Rabone 3-13-07 2.doc vuln ay eu aa-vo JUN-13-2087 12:13 P.17738 PCP Date: March 20, 2007 PCP Members: Roberts/Adejokun-Ojo oe 13 ee JAPSU\alhed Health\Cyntha Jakeman\AC Rabone 3-13-07 J.dac JUN-13-2807 12:13 ~so P.18/3@8 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. ~-14-- J:\PSU\Allled Health\Cynttna Jakeman\AC Rabone 3-13-07 2.doc JUN-13-288? 12:14 Jun Lo £Uur 12 -D0 P.1973@ ‘ 0, NOP-N7-0ayys -E—-OMO: Fina OED oa _, Deparienent of Henkth STATE OF FLORIDA By , aH) one DEPARTMENT OF HEALTH = ~~ “Deputy agency Clerk In Re: Emergency Suspension of the License of Todd C. Rabone, L.M.H.C. License Number: MH 6966 Case Number: 2006-38327 ORDER OF EMERGENCY SUSPENSION OF LICENSE Ana M. Viamonte Ros, M.D, M.P.H., Secretary of the Department of Health, ORDERS the emergency suspension of the license of Tadd C, Rabone, LMHIC,, (Mr. Rabone’), to practice as a licensed mental health counselor, Mr. Rabone holds license number MH 6966, His address of record ts 7828 NW 113 Way, Parkland, Florida, 33076. The following Findings of Fact and Conclusions of Law support the emergency suspension of Mr. Rabone’s license to practice as a licensed mentat health counselor in the State of Florida. FINDINGS OF FACT 1. The Department of Health (“Department”) is the state department charged with regulating the practice of mental health counseling pursuant to Chapters 20, 456, and 491, Florida Statutes. Section 456.073, Florida Statutes, authorizes the Secretary of the Department to summarily suspend Mr. Rabone’s license to practice as a licensed mental health counselor in the State of Florida, in accordance with Section 120.60(6), Florida Statutes. 2, At all times material to this order, Mr. Rabone was licensed as a mental health counselor in the State of Florida, pursuant to Chapter 491, Florida Statutes. K:\turnagelx\ESO 2,00C JUN-13-2087 12:14 yun 19 ZUuUue LL-DS P. 20/34 3. At all times material to this order, Mr. Rabone was employed by the Drug Abuse Foundation of Palm Beach County, Florida, (DAF”), as a counselor of female patients, The DAF provides residential (inpatient) treatment programs for individuals with substance abuse problems. Mr, Rabone had been employed as a counselor since approximately November 24, 2004. As part of his duties, he conducted court-ordered therapy sessions with femaie patients. FACTS RELATED TO PATIENT JK. 4. On or about August 21, 2006, J.K., a female residential patient at DAF, had her first court-ordered therapy session with Mr. Rabone, : 5. During this therapy session, Mr. Rabone asked J.K. a series of questions regarding J.K.’s history of drug usage and past sexual history. 6. During Mr, Rabone's questioning of 3.K., he made comments including: “are you the type of girl that would make the first move?” and “You're getting me excited.” 7. As the therapy session continued, Mr. Rabone pulled J.K.‘s chair close to him and began caressing her thighs and legs. 8. Mr. Rabone began to massage his penis and kiss J.K. on her mouth. 9. Mr. Rabone unbuttoned his pants and pulled down his underwear exposing his penis. . 10. Mr. Rabone then pulled J.K.'s head down, forcing her to perform oral sex on him. K:\tumagelx\ESO 2.D0C JUN-13-2087 12:14 Jun 15 2007 11:59 1i. After Mr. Rabone ejaculated on her face, J.K. wiped the seminal fluids from her face onto her pants. 12. Mr, Rabone then attempted to remove 1.K.’s pants; however, J.K. pushed Mr, Rabone away. . 13. Mr. Rabone stated to JK: “I know you're not going to tell anyone because you don’t want to go back to jail.” 14. JK, believed that Mr. Rabone had the authority to discharge her from the facility and have her Incarcerated if she reported the Incident. 45. As J.K, was leaving Mr. Rabone’s office, Mr. Rabone stated to J.K.: “Maybe tomorrow you'll have a problem and you will come see me before any clients.” 46, On or about August 22, 2006, Mr. Rabone sought out J.K. and requested she go to his office. 17. As JK. entered his office, Mr. Rabone closed the blinds and locked the door. 18. Mr. Rabone then attempted to remove J.K.'s pants while she was seated. 19. Mr. Rabone then removed J.K. from her chair and postioned her over his desk with her pants pulled down, 20. Mr. Rabone began to rub his penis on the exterior of 3.K.’s vagina and anus. 21. | Mr. Rabone then began to insert his fingers into J.K.'s vagina, 22. 3,K. became very emotional and began to cry. 23. Mr, Rabone stopped and allowed her to leave. 3 K:\turnagelx\ESO 2,00 P.21/38 JUN- 13-288? 12:15 gure ty euur Lis 3 P.22738 24. When J.K. left Mr, Rabone's office, she contacted a friend, R.J., who in turn contacted J.K.’s father, who then contacted the DAF and informed DAF of the incident. FACTS RELATED TO PAT JENT J.H. 25. J:H,, a female, was ordered by the court to enter the DAF, and she entered the facility as a residential patient on or about May 17, 2006. 26. | Through the course of her treatment, Mr. Rabone was assigned to her as her therapist. 27. 3H, stated that during therapy sessions with Mr. Rabone, he would ask her if he could touch her breasts. 28, During J.H.’s sessions with Mr. Rabone, he would caress her legs and inner thighs and commented that he thought she was sexy, and he would like to have sex with her. 29, When J.H. refused to have sex with Mr. Rabone, Mr. Rabone stated that 3,H. did not have to have sex with him. Rabone stated that ).H. could watch him masturbate and allow him to rub J,H.'s breasts. 30. Onor about August 22, 2006, Mr, Rabone met with J.H. in his office and Mr. Rabone began masturbating. , 31. Mr. Rabone ejaculated into a paper towel, which was disposed of into a garbage can, 32. | Mr. Rabone continually told J.H. that if she told anyone about what happened during their therapy sessians, he would make sure she went back to jai! and 4 K:\urnagelx\ESO 2.D0C JUN-13-2007 12:15 Jun 13 2007 11:59 P.23/38 would never get custody of her child from the Department of Children and Family Services. 33. JH, believed that Mr. Rabone had the authority to discharge her from the facllity and force her to return to jail, jeopardizing the custody of her child. FACTS RELATED TO PATIENT M.W. 34. | M.W., a female, was court-ordered to enter the DAF as a residential patient on or about July 3, 2006, and Mr. Rabone was assigned as her therapist. 35. M.W, stated that during therapy sessions with Mr. Rabone, he made inappropriate comments regarding M.W.’s sex life with her boyfriend including: “Your boyfriend can’t get it up,” and “Your boyfriend Is not good in bed.” 36. MW. stated that at the close of group sessions, Mr. Rabone would caress her back and buttocks when they were standing in a circle, 37. | M.W. stated that during private therapy sessions with Mr. Rabone, he would caress her legs, including her inner thighs and kiss her. 38. ™.W. believed that if she reported Mr. Rabone’s comments and actions, she would be discharged from the facility and remanded to jail, which would adversely affect the custody of her child. FACTS RELATED TO PATIENT K.C. 39. K.C., a female, was court-ordered to the DAF as a residential patient and Mr. Rabone was assigned as her therapist. 40. K.C. stated that during therapy sessions with Mr. Rabone, he would caress her legs and make inappropriate comments concerning her bisexuality. 5 K:\turnagelx\ESO 2.00C JUN-13-2887 12:15 Jun 13 2007 11:59 41. _K.C. further reported that during one Instance Mr. Rabone remarked, “He would have nice thoughts when he went home,” and, “Would K.C. like to meet his wife?” 42. Mr. Rabone threatened K.C. by stating that he would discharge K.C. from the DAF if she mentioned their conversations to anyone, A O PATIENT A.B. 43. A,B.,a female, was court-ordered to the enter DAF as a residential patient and Mr. Rabone was assigned as her therapist. 44. A.B, stated that during her therapy sessions with Mr, Rabone, he would caress her legs. GENERAL ALLEGAT TONS RELATED TO TODD C. RABONE’S MENTAL HEALTH COUNSELOR'S LICENSE , 45, Section 456.072(1)(¥), Florida Statutes (2006), (formerly codified at 456.072(1)(u)), Subjects a licensee to discipline, including suspension, for engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), Florida Statutes, 46, Section 456.063(1), Florida Statutes, defines sexual misconduct in the practice of a health care profession as a violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or representative of the patient or client in, or to Induce or attempt to induce such person to engage in, verbal or physical sexual activity outside the scope of the professional K:\turnagelx\ESO 2 DOC P, 24738 nu-13-2007 12:15 Jun 13 200? 12:00 practice of such health care profession. Sexual misconduct !n the practice of a health care profession is prohibited. 47. As set forth above, Mr. Rabone engaged in sexual misconduct during psychotherapy sessions with J.K., J.H., KC, M.W., and A.B., in violation of Section. 456.072(1)(v), Florida Statutes (2006), and/or Section 456.072(1)(u), Florida Statutes (2005), which prohibits sexual misconduct. 48. Section 491.009(1)(k), Florida Statutes (2006), subjects a licensee to discipline, including suspension or revocation, for committing any act upon a patient or dient which would constitute sexual battery or which would constitute sexual misconduct as defined pursuant to Section 491.0111, Florida Statutes (2006). 49. Section 491.0111, Florida Statutes (2006), provides that sexual misconduct by any person licensed under Chapter 491 in the practice of his or her profession is prohibited. Sexual misconduct shall be defined by rule. 50. Rule 6484-10.002, Florida ‘Administrative Code, defines sexual misconduct as engaging, attempting to engage or offering to engage a client in sexual behavior or any behavior, whether verbal ar physicat which is intended to be sexually arousing, including kissing; sexual intercourse, either genital or anal; cunnilingus; fellatio; or the touching by either the psychotherapist or the client of the other's breasts, genital areas, buttocks, or thighs, whether clothed or unclothed. 51. Mr. Rabone used his psychotherapist relationship with J.K., J-H., M.W., K.C. and A.B., to engage in sexual misconduct, as defined in Rule 64B-10.002, F.A.C., K:\urnageix\ESO 2,.00C P. 25738 JUN-13-2087 12:16 ‘ Jun 15 200? 12:00 during counseling sessions in violation of Section 491.009(1}(k), Florida Statutes (2006). 52, Section 120.60(6), Florida Statutes, authorizes the Department to suspend a license if the Department finds that the licensee presents an immediate serious danger to the public health, safety, or welfare. 53, A licensed mental health counselor often cares for vuinerable patients in settings where they can easily abuse these patients. Due to the potential for abuse that Is inherent under these circumstances, licensed mental health counselors must possess good judgment and good moral character in order to safely practice. Mr. Rabone’s willingness to engage in sexual misconduct against J.K., 2.H., M.W., K.C. and A.B., demonstrates a serious defect in his judgment and moral character. Mr. Rabone’s conduct constitutes such a threat to the public health and safety and demonstrates such a disregard for the laws and regulations governing licensed mental health counselors in this state that the safety of his patients cannot be assured as long as he continues to practice in the State of Florida. 54. Mr. Rabone's lack of good judgment and moral character and his disregard for the “laws and rules governing mental health counseling in the State of Florida represents a significant likelihood that he will cause harm to vulnerable clients in the future, This probability constitutes an immediate serious danger to the health, safety, and welfare of the citizens of the State of Florida. Nothing short of the immediate suspension of Mr. Rabone’s license to practice licensed mental health counseling will ensure the protection of the public from this danger. K:\turnagetx\ESO. 2.p0c P. 26/738 JUN=13-2087 12:16 Jun 15 2uur 12:UU P.27738 CONCLUSIONS OF LAW Based on the foregoing Findings of Fact, the Secretary concludes as follows: 1. The Secretary of the Department of Health has jurisdiction over this matter pursuant to Sections 20.43 and 456.073, Florida Statutes, and Chapter 491, Florida Statutes, as set forth above. 2 Mr. Rabone violated Section 456,072(1)(v), Florida Statutes (2006) and/or Section 456.072(1)(u), Florida Statutes (2005), by engaging in sexual misconduct as prohibited in Section 456.063(1), Florida Statutes (2006). 3. Mr. Rabone violated Section 491,009(1)(k), Florida Statutes (2006), by engaging in sexual misconduct as defined by Rule 6484-10.002, F.A.C. 4. Mr. Rabone’s continued practice as a licensed mental health counselor constitutes an immediate and serious danger to the health, safety, and welfare of the public and that this summary procedure is fair under the circumstances to adequately protect the public. WHEREFORE, in accordance with Section 120.60(6), Florida Statutes, It Is.” ORDERED: ) 1. The license of Todd C. Rabone, L.M.H.C., license number MH 6966, is immediately suspended. 2, A proceeding seeking appropriate discipline, including but not limited to the suspension or revocation of the license of Todd C. Rabone, L.M.H.C.., to practice as a licensed mental health counselor will be promptly instituted and acted upon in compliance with Sections 120.569 and 120.60(6), Florida Statutes. 9 K:\turnagelx\ESO 2.000 JUN-13-2887 12:16 Jun 15 2007 12:01 P. 28/38 yo DONE and ORDERED this it day of [March 2007. Secretary, Department of Health PREPARED BY: Cynthia L. Jakeman Assistant General Counsel Florida Bar Number 0714690 Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640, Ext. 8133 - Telephone (850) 245-4682 — Telefax 10 K:\turnagelx\ESO 2.000 JUN-13-2887 12:17 Jun 13 200? 12:01 P.29/38 NOTICE OF RIGHT TO JUDICIAL REVIEW Pursuant to sections 120.60(6) and 120.68, Florida Statutes, the Department's findings of immediate danger, necessity, and procedural fairness shall be judicially reviewable. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Petition for Review, in accordance with Florida Rule of Appellate Procedure 9.100, with the Department of Health and a second copy of the petition accompanied by a filing fee prescribed by law with the District Court of Appeal within 30 days of the date this Order \s filed. 1 K:\turnagelx\ESO 2.00C

Docket for Case No: 07-002653PL