Sep 7 2007 SEP-E?-2HH7 14:28 P.i2/23 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2004-33680 HARRY D. KROP, Ph.D., Respondent, _—— ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Psychology against the Respondent, HARRY D. KROP, Ph.D., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of psychology pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 490, Florida Statutes. 2. At all times material to this Complaint, Respondent was a licensed psychologist within the state of Florida and was issued license number PY 2364 on March 11, 1982. 3. Respondent’s address of record is 1212 NW 12" Avenue, Suite B, Gainesville, Florida 32605. 4. Respondent received an order to conduct a custody evaluation involving the complainant, C.S., her husband, Ch.S., and their two minor children, M.S, and 5.5. Department of Health v. Harry D. Krop, Ph.D. Case Number 2004-33680 J:\PSU\Allied Health\Lynette Norr\PSYCH\PCP 2006\2006-07\AC\ Sep 7 200? 14:12 P1323 SEP-?-2087? 14:28 5. The evaluation commenced on or about September 12, 1999, and included interviews with the parents and thelr minor children, and psychological testing of the parents using the abbreviated MMPI-2 (items 1-370 out of 567) and the MCMI-IIT testing instruments. 6, On or about January 31, 2000, Respondent provided the court with a written evaluation and opinion in which he recommended shared Parental responsibility on the part of the parents, with Ch,S, serving as the primary residential custodian, but - with residency shared relatively equally between the two parents. 7. Respondent's evaluation is inequitable and unbalanced because much of the content of Respondent’s report focused on C.S’s history of depression and treatment; yet, Ch.S’s past psychiatric treatment, though noted, was never explored in similar detail, , 8. Respondent's evaluation is inequitable and unbalanced because no developmental history for CS was provided, while considerable detail was Provided for Ch.S. 9 Respondent's evaluation is inequitable and unbalanced because a section reviewing C.S.s description of her children’s personalities was included, but there was ho mention of a corresponding description by Ch.S, 10. Respondent's evaluation is inequitable and unbalanced because medical history data were presented for Ch.S., but were not included for C.S. beyond her past emotional treatment. Department of Health v, Harry D. Krop, Ph.D. Case Number 2004-33680 1:\PSU\Allled Health\Lynette Norr\PSYCH\PCP 2006\2006-07\aq, Sep 7 200° 14:13 3 P.14/2 SEP-?-2087? 14:29 11. Respondent's evaluation is inequitable and unbalanced because C.S/s MMPI-2 responses were computer scored and profiled using the NCS scoring service, while Ch.S.’s were hand scored and manually plotted. ‘12, Respondent's evaluation is inequitable and unbalanced because Ch.S, communicated a visitation plan to Respondent just prior to Respondent’s final report, and that visitation plan was very similar to the visitation plan recommended by Respondent, There is no indication in Respondent's report that C.S. was approached to provide similar visitation preferences. 13. Respondent’s evaluation is inaccurate because Respondent's report referenced multiple home studies, when only a single visit was conducted. 14. Respondent's evaluation is inaccurate because Respondent's report failed to indicate that a licensed mental health counselor completed the home study evaluation rather than the Respondent himself. Respondent failed to identify that mental health counselor in Respondent's report. 15. Respondent's evaluation is not thorough because the abbreviated MMPI-2 results indicated a Scale 6 T-score of 64 for Ch.S. and 63 for C.S. T-scores between 55 and 64 raise interpretive questions related to anger, resentment, distrust, guardedness, and sensitivity. Respondent did not use a testing instrument that would score Supplemental, additional Validity, Content, RC, Psy5, and other scales to provide greater insight into the basis of the elevated MMPI-2 Scale 6 T-scores. . 16. Respondent's evaluation is not thorough because the MCMI-III scores reported for Ch.S. on the MCMI-IIT Profile Report do not match the scores reported on Department of Health v, Harry D. Krop, Ph.D. 3 Case Number 2004-33680 J:\PSU\Allied Health\Lynette Nor\PSYCH\PCP 2006\2006-07\AC\ Sep 7 200° 14:13 P.15/23 SEP-?-2087? 14:29 the MCMI-IIT hand-scoring profile for Personality Pattern scale 5 (Narcissism) or Sydrome Scale CC (Major Depression). The Hand-Scored Profile indicated a Clinically significant elevation for Ch.S. on one of the same Personality scales that was elevated for C.S. Neither the discrepancy nor the similarity in elevated personality scales was mentioned, discussed, or explained in the report. 17. Respondent's evaluation is not thorough because Respondent's report fails to identify methods, if any, that were used to assess the children other than observation. Respondent's billing ledger indicates that the children, ages 3 and 4 at the time of the evaluation, were seen by the Respondent for a single, 30-minute evaluative session devoted to observing the children separately from their parents. 18. Respondent's evaluation is not thorough because Respondent's report failed to include a discussion of how C.S’s defensiveness and personality traits, which formed much of- the basis for Respondent's opinion that primary custody should be granted to Ch.S., would negatively impact the children’s welfare. 19. Respondent's evaluation is not thorough because Respondent failed to include a discussion of the potential effects of the alleged December. 1999 incident of physical assault on C.S. by Ch.S. on the minor children, or to indicate how that incident was weighted in the overall custody decision. 20. Respondent's records of the evaluation do not document written informed consent from the parents Ch.S. and C.S. Department of Health v. Harry 0. Krop, Ph.D. Case Number 2004-33680 J:\PSU\Allied Health\Lynette Norr\PSYCH\PCP 2006\2006-07\AC\, Sep 7 200° 14:13 P. 1623 SEP-?-2087? 14:29 21. CS. made repeated requests for case records beginning on or about. May 8, 2003. C.S.'s attempts to secure records continued until Respondent provided some records in October of 2003. COUNT ONE 22. Petitioner realleges and incorporates Paragraphs one (1) through twenty one (21) as if fully set forth herein. 23. Section 490.009(2)(s), Florida Statutes (1999), provides that failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience, constitutes grounds for disciplinary action by the Board. 24, The minimum standard of performance in professional activities requires that a custody and visitation evaluation conducted by a psychologist for the court be equitable and balanced, accurate, and thorough in its evaluation of the parents and the children, 25. Respondent failed to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance by failing to perform an equitable and balanced, accurate, and thorough evaluation of the parents Ch.S. and C.S. and their two minor children. 26. Based on the foregoing, Respondent violated Section 490,009(2)(s), Florida Statutes (1999), by failing to meet minimum standards of performance by failing Department of Health v. Harry O. Krop, Ph.D, Case Number 2004-33680 J:\PSUVAllied Health\Lynetre Nom\PSYCH\PCP 2006\2006-07\AC\, Sep 7 200? 14:14 P1723 SEP-?-2087? 14:29 to conduct an equitable and balanced, accurate, and thorough custody and visitation evaluation for the court. COUNT TWO 27. Petitioner realleges and incorporates paragraphs one (1) through twenty one (21) as if fully set forth herein. 28. Section 490.009(2\(u), Florida Statutes (1999), provides that violating a rule relating to the regulation of the profession constitutes grounds for discipline by the Board. | 29. Rule 64B19-19.0025(2), Florida Administrative Code, provides that written informed consent must be obtained concerning all aspects of services including assessment and therapy. 30. Respondent violated Rule 64B19-19,.0025(2), Florida Administrative Code, because Respondent's records do not document written informed consent from parents Ch.S. and Cs, 31. Based on the foregoing, Respondent violated Section 490.009(2)(u), Florida Statutes (1999) by Violating Rule 64B19-19.0025(2), Florida Administrative Code, by failing to document written informed consent from the evaluation participants. COUNT THREE 32, Petitioner realleges and incorporates paragraphs one (1) through twenty one (21) as if fully set forth herein. Department of Health v. Harry 0. Krop, Ph.D, Case Number 2004-33680 2:\P5U\Allled Health\Lynette Norr\PSYCH\PCP 2006\2006-07\AC\ Sep 7 200? 14:14 18423 SEP-G?-2887 14:38 P 33. Section 490.009(1)(w), Florida Statutes (2002, 2003), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto, constitutes an act for which disciplinary action may be taken. 34. Section 456.057(4), Florida Statutes (2002, 2003), provides that any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the person's legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. However, when a patient's psychiatric, chapter 490 psychological, or chapter 491 psychotherapeutic records are requested by the patient or the patient's legal representative, the health care practitioner may provide a report of examination and treatment in lieu of copies of records. Upon a patient's written request, complete copies of the patient's psychiatric records shall be provided directly to a subsequent treating psychiatrist. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered, 35, Rule 64B19-19.005(1), Florida Administrative Code, provides that any licensed psychologist who agrees to Provide copies of psychological records to a service user, a service user’s designee, or a service user's legal representative, shall be accorded a reasonabie time, not to exceed thirty (30) days, to make final entries and copy the psychological records, and may condition release of the copies upon payment by the requesting party of the reasonable costs of reproducing the records. Department of Health v. Harry 0. Krop, Ph.D. Case Number 2004-33680 2:\P5U\Allied Heatth\Lynette Norr\PSYCH\PCP 2006\2006-D7\AC\, Sep 7 200? 14:14 SEP-@?-2087? 14:38 P.19/23 36. Rule 64B19-19.005(2), Florida Administrative Code, provides that any licensed psychologist who opts to issue a report rather than provide copies of psychological records to a service user, a service user's designee, or a service user's legal representative, shall issue the report within thirty (30) days of the request, and may charge a reasonable fee for the preparation of the report and may condition the issuance of the report upon payment of the reasonable fee. 37. Respondent violated Section 456.057(4), Florida Statutes (2002, 2003) by failing to timely provide copies of therapy records or a summary report to therapy patient RS. 38. Respondent violated Rule 64819-19,005, Florida Administrative Code, by failing to provide copies of therapy records or a summary report to therapy patient R.S. within a reasonable time, not to exceed 30 days. 39. Based on the foregoing, Respondent violated Section 490.009(1)(w), Florida Statutes (2002, 2003), by violating Section 456.057(4) Florida Statutes (2002, 2003) and Rule 64B19-19.005, Florida Administrative Code, by failing to timely provide copies or a summary of therapy records to C.S. The remainder of this page intentionally left blank, Department of Health v. Hamy D. Krop, Ph.D, Case Number 2004-33680 J:APSU\Allled Health\Lynette Norr\PSYCH\PCP 2006\2006-07\AC\ Sep 7 200? 14:15 SEP-@?-2087? 14:38 P. 28/23 WHEREFORE, the Petitioner respectfully requests that the Board of Psychology 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 and/or any other relief that the Board deems appropriate, SIGNED this 7" day of _, 2006. M. Rony Francois, M.D., M.S.PH., Ph.D. secretaly, Department of Health By: Lynette N@rr, Ph.D., J.D. Assistant General Counsel Florida Bar Number 0010717 Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640 voice (850) 245-4683 FAX PCP Date: June 27, 2006 PCP Members: Rivas-Vazquez, Lewis Department of Health v. Harry D. Krop, Ph.D. 9 Case Number 2004-33680 J:\PSU\Allled Health\tynette Norr\PSYCH\PCP Z006\2006-07\AC\, Sep 7 200? 14:15 P.2i/23 SEP-G?-2087? 14:41 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, Department of Health v. Harry D, Krop, Ph.D, 10 Case Number 2004-33680 J:\PSU\Allied Health\Lynette Norr\PSYCH\PCP 2006\2006-07\AC\

Docket for Case No: 07-004047PL