Jan 14 2008 16:00 _JAN- 14-2888 15:59 AHCA“LEGAL MEDICAL 854 414 1989 Pas : | | . Bad STATE OF FLORIDA 3 DEPARTMENT OF HEALTH ke DEPARTMENT OF HEALTH, ; 3 Petitioner, v. CASE NO. 2005-01524 JOHANN NICHOLAS PREWITT, PH.D., Respondent, / ADMINISTRATLVE 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, JOHANN NICHOLAS PREWITT, Ph.D. and in support thereof alleges: | 1. Petitioner is the state department charged with regulating the practice of ——psychotogy-pursuant-to-Section 20-43;-florida-Statutes Chapter 456,Flotida Statutes» and Chapter 490, Florida Statutes. l 2. At all times material to ‘this Complaint, Respondent was a licensed psychologist within the state of Florida, having been issued license number PY 4331 on April 20, 1990. 3. Respondent's address of record is 1726 Kingsley Avenue, Suite 12, Orange Park, Florida 32073. 4. Patient $.T. scheduled an appointment with the Respondent for June 18, 2004. Department of Health v. Johann Nicholas Frewett . Case Number 2005-01524 J:\PSU\Allied Health\Lynetre Norr\PSYCH\PCP 2006\2006-03\AC\ Jan 14 2008 16:00 JAN-14-2888 15:59 AHCA/LEGAL MEDICAL 856 414 1989 P.@6 5, On June 18, 2004, at approximately 10:00 a.m., 5.1. presented to the ‘Respondent with a Department of Labor Family and Medical Leave Act (FMLA) form that -nesded to be filled out by the Respondent and faxed that same day to S.T’s employer in ; Las vegas, Nevada. 6. 5.7. explained to the Respondent the extreme time urgency in having her paperwork faxed to her employer. Failing to have the paperwork faxed on that same date would allow S.T's employer to terminate her. . | 7. Respondent's records for S.T. include a copy of the letter of notification from §.T’s employer, originally faxed to S.T. along with the FMLA forms on June 15, 2004, indicating that the FLMA form filled out-by the doctor needed to be faxed to the employer by 5pm Pacific Time, June 18, 2004. | a. Respondent assured §.T. that the. paperwork would be timely faxed, 3 FESPOMOET TER Wo the FMC paperwercteS-Fs employer‘ error ———$ about June 29, 2004, resulting in S.T’s termination by her employer. ° | ) 10. Respondent’s records for S.T. do not document whether the important FMLA document had been faxed. | 11. Respondent's records for ST. do not document 5.T’s address, telephone number; age, and sex. 12. . Respondent's records for S.T. do not include an informed consent from the client from the intake session on or about June 18, 2004. 13. Respondent's records for $.T. do not, include billing information, 14, Respondent's records for 5.7. do not include a formalized treatment plan. Department of Health vy. Johann Nicholas Prewett . 2 ' Case Number 2005-01524 J:\PS5uU\Allied Health\Lynette Norr\PSYCR\PCP 2006\2006-03\AC\ Jan 14 2008 16:01 JAN-14-2888 15:59 AHCA/LEGAL MEDICAL 856 414 1989 L \ . . 15. ‘Respondent's assessment of 5.T, did not include inquiries of previous suicidal ideation; psychiatric treatment; current suicidal ideation, intent, or plan. 16. Respondent's assessment of S.T. did not include a history of present illness or a mental status examination in order to make the diagnosis of a clinical: “depression. 17. Respondent's assessment of S.T. did not include inquiries regarding psychosis, thought disorder, or homicidal ideation. ; 18, Respondent's session note did not provide a clear diagnosis of the client! 19, On-or about July 6, 2004, 5.T. requested a copy of her records from the Respondent and provided a signed and witnessed consent form from the Respondent's . office dated July 6, 2004. 20. The Respondent refused to release any patient information until 5.T’s Pa? ‘Outstanding bill of $170.00 was paid in full! 21, On or about November 29, 2004, Respondent provided. copies of S.T's records to the Petitioner and verified the completeness of those records. COUNT ONE 22. Petitioner -realleges and incorporates paragraphs one (1) through twenty- : one (21) as if fully set forth herein. 23, Section 490.009(1)(r), Florida Statutes (2003), 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 : Department of Health v. Johann Nicholas Prewett 7 3 * Case Number 2005-01524 J:\PSU\Allied Heaith\ Lynette Nor\PSYCH\PCP 2006\2008-03\AC\ Jan 14 2008 16:01 JAN-14-2688 15:59 AHCA/LEGAL MEDICAL 856 414 1989 which the licensee is not qualified ‘by training or experience, constitutes an act for which disciplinary action may be taken. P.@8 24. Agreeing to fax a FMLA form for a patient, and assuring the patient that . the FMLA form will be timely faxed, and then failing to timely fax the form for the. patient, while knowing that the patient's employment depends on the timely faxing of the form, is an act that fails to meet the minimum standards of. performance in professional activities when measured against generally prevailing peer performance. - 25. Respondent failed to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance by agreeing on or about June 18, 2004, to fax a FMLA form for patient ST, and assuring S.T. that the FMLA form will be timely faxed, and then failing to timely fax the form for S.T., while knowing that the patient's employment depended on the timely faxing of the form. . 26. Based on the foregoing, Respondent violated Section 490.009(1)(r), Florida Statutes (2003), by failing to meet minimum standards of performance in timely faxing important FMLA documents that Respondent agreed to timely fax for S.T., knowing that failure to timely fax the document would cause S.T. to lose her job. COUNT TWO 27, Petitioner realleges and incorporates paragraphs one (1) through twenty- one (21) as if fully set forth herein. Department of Health v. Johann Nicholas Prewett : 4 Case Number 2005-01524 ‘ JA\PSU\Allied Health\Lynette Norr\PSYCH\PCP 2006\2006-03\AC\ Jan 14 2008 16:01 JAN-1i4-2888 16°68 : AHCA“LEGAL MEDICAL 856 414 1989 P.@9 fos 28. Section 490.009(1)(w), Florida Statutes (2004), provides that violating any “provision of this chapter or chapter 456, or any rules adopted ‘pursuant thereto, constitutes an act for which discipline may he imposed by the Board. 29,. Section 456.057(4), Florida Statutes (2004), 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 of the person's legal representative, furnish, ina timely manner, without delay for legal review, copies of all reports and records relating to such examination or treatment, .. . The furnishing of such reports or copies: shall not be conditioned upon payment of a fee for services rendered. 30, Respondent violated Section 456.057(4) by failing to timely release a copy of S.T’s records to the party designated by 5.T. “ST. Respondent violated section 456:057(4)-by-conditioning the -release-of ——— ‘S.T’s records from the June 18, 2004, session with Respondent upon payment of a $170 fee for services. . - "32. Based on the foregoing, Respondent violated Section 490.009(1)(w), Florida Statutes (2004), by violating Section 456.057(4}, Florida Statutes (2004), by failing, to timely release a copy of S.T’s records and by conditioning the release of S.T’s records on payment of a fee. . count THREE 33. Petitioner realleges and incorporates paragraphs one (1) through twenty- one (21) as if fully set forth herein. Department of Health v. Johann Nicholas Prewert . 5 Case Number 2005-01524 J:\PSU\Allied Health\Lynette Norr\PSYCH\PCP 2006\2006-03\AC\ Jan 14 200% 16:02 JAN-14-2888 16:88 : AHCA/LEGAL MEDICAL 856 414 1989 ‘34, Section 490.009(1)(w), Florida Statutes (2004), provides that violating any provision of this chapter or chapter 456,-or any rules adopted pursuant thereto, constitutes an act for which discipline may be imposed by the Board. 35. Ruie 64B19-19.0025(1), Florida Administrative Code, provides that records for chronicling and documenting psychologists’ services must include the following: basic identification data such as name, address, telephone number, age and sex; - presenting symptoms or requests for services, dates of service and types of services provided. Additionally, as applicable, these records must include: test data (previous and current); history including relevant medical data and medication, especially current; what transpired during the service sessions; significant actions by the psychologist, service user, and service payer; psychologist’s indications suggesting possible sensitive P.1a matters like threats; progress notes; copies of correspondence related to assessment or” persons significant to the service user. 36. 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. | 37. Rule 64519-19.0025(4), Florida Administrative Code, provides that records shall also contain ‘data relating to financial transactions between the psychologist and service user, including fees assessed and collected, 38, Respondent violated Rule 64B19-19.0025, Florida Administrative Code, because Respondent's records for S.7. failed to meet minimum requirements for - Department of Health v. Johann Nicholas Prewett 6 Case Number 2005-01524 2:\PSU\Allied Health\Lynette Norr\PSYCH\PCP 2006\2006-03\AC\ Jan 14 200% 16:02 JAN-14-2888 16:88 ; AHCA/LEGAL MEDICAL 856 414 1989 P.ii f f chronicling and documenting the services-performed by the psychologist, documenting : informed consent, and recording financtal transactions. | 39. Based on the foregoing, Respondent violated Section 490.009/1)(w), . Florida Statutes (2003) by violating Rule 64B19-19.0025, Florida Administrative Cede, ‘by failing to méet minimum requirements for records. — | COUNT FOUR 40, Petitioner realleges and incorporates paragraphs one (1) through twenty-" one (21) as if fully set forth herein. | . 41, Section 490.009(1)(r), Florida Statutes (2003), provides that failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including thé undertaking of activities for which the licensee. is not qualified by training or experience, constitutes an act for ae ee a enema which disciplinary action may be taken. ! 42, Failure to perform an adequate diagnostic assessment for 2 Patient fails to meet the minimum standards of performance in professional activities. 43. Respondent failed to perform an adequate diagnostic assessment for S.T. by not inquiring regarding previous suicidal ideation; psychiatric treatment; or current suicidal ideation, intent, or plan. 44, Respondent falled to perform an adequate diagnostic assessment for 5.1, . by not induding an assessment of mental status. 45, Respondent failed to perform an adequate diagnostic assessment for 5.T. by not including psychosis, thought disorder, or homicidal ideation. Department of Health v. Johann Nicholes Prewett 7 Case Number 2005-01524 J:\PSU\Allied Health\Lynetie Norr\PSYCH\PCP 2006\2006-03\AC\ Jan 14 2008 16:02 JeaN-14-2008 16! AHCAVLEGAL MEDICAL . 850 414 1989 46. Based .on the foregoing, Respondent violated Section 490,009(1)} (D: Florida Statutes (2004), by failing to: perform an adequate diagnostic assessment for S.T. . 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 a and/or Oond that the Board deems epproprat, SIGNED this {dD ay of , 2006, M. Rony Frangois, M.D., M.5.P.H., Ph.D, Secretary, Départment of Health DEPARTMENT OF HEALTH” ”“Tynette Norr, Ph.D. ; DERUTY ook wu Assistant General Counsel CLERK Anat Florida Bar Number 0010717 DATE, Y-(l-al Department of Health - - |! Prosecution Services Unit , ; 4052 Bald Cypress Way, Bin C-65 ‘| Tallahassee, FL 32399-3265 (850) 245-4640 (850) 245-4682 FAX PCP Date: . “March 28, 2006 PCP Members: _ Rivas-Vazquez, Lewis Department of Health v. Johann Nicholas Prewett g Case Number 2005-01524 JAPSU\Allied Health\Lynette Nor\PSYCH\PCP 2006\2005-02\AC\ Jan 14 200% 16:02 JAN-14-2888 16:81 AHCA/LEGAL MEDICAL 856 414 1989 i 5 ' 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. ue 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. P.13 "Department of Health v. Johann Nicholas Prewett , ; q Case Number 2005-01524 . JA\PSUVAllied Health\Lynette Norr\PSYCH\PCP 2006\2008-03\AC\

Docket for Case No: 08-000235PL