Sep 22 2008 16:39 SEP-22-2088 16:41 P.@3 STATE OF FLORIDA "3 HEALTH DEPARTMENT OF HEALTH _ ; Po Zn a DEPARTMENT OF HEALTH, Uples. Petitioner, Vv. CASE NO, 2007-38941 JODI STONER, L.M.H.C., Respondent. / ADMINISTRATIV PLAINT 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 & Family Therapy and Mental Health Counseling (Board) against the Respondent, Jodi Stoner, L.M.H.C., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of clinical social work, marriage & family therapy and mental health counseling pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 491, Florida Statutes, 2. At all times material to this Complaint, Respondent was a licensed mental health counselor within the state of Florida, having been issued license number MH 8131 on November 12, 2004. 3. Respondent's address of record is 975 Arthur Godfrey Road, Suite 303, Miarni Beach, Florida 33140, 4, Respondent began to treat JRM, a minor, on or about April 10, 2006. CADocuments and Settings \ButlerPx\Desktop\Cecalia\Board of CSW 497 Cages\Stoner, Jock LMHC\Svoner AC failure co meet 1 minimum standards.doc Sep 22 2008 16:39 SEP-22-2088 16:41 P.a4 5. IRM presented to Respondent for treatment of various behavior issues. JRM had been previously diagnosed as having Bi-Polar Disorder, NOS, with Psychotic Features, Reactive Attachment Disorder, and ADHD. 6, The parents of JRM provided the prior diagnosis of JRM to Respondent, along with a cd documenting JRM's prior treatment, and information on a residential treatment program JRM previously attended. 7. Respondent treated JRM from on or about April 10, 2006, until on or about August 10, 2006. 8. During this time, Respondent advised the parents of JRM, PGM and MM, that she did not accept insurance, but would be agreeable to billing some of the services she provided to JRM to a third party billing entity. 9. Respondent diagnosed JRM as having Adjustment Disorder, and Mixed Disturbance of Emotions and Conduct. Respondent did not diagnose JRM as having Bi- Polar Disorder, NOS, Reactive Attachment Disorder, or ADHD. 10. Respondent failed to obtain records from JRM’s prior treatment providers. 11. During Respondent's treatment of JRM, MM and PGM, the parents of JRM, attempted to speak with Respondent regarding the billing of her services and payment by their insurance carrier(s), 12. MM and PGM had been advised by their insurance carrier that Respondent had billed for services under PGM and not under JRM, and that Respondent had billed under an incorrect diagnosis. C:\Documents and Sattings\ButlerPX\Desktop\Cecelia\Board of CSW 491 Cases\Stoner, Jodi LMHC\Stoner AC fallure to mest ? minimum standards.doc Sep 22 2008 16:40 SEP-22-2088 16:41 P.@S 13. MM and PGM attempted to have Respondent correct the billing errors on several different occasions, to no avail. Respondent advised that she contracted with a billing company to handle the billing issues and referred MM and PGM to the billing company for assistance. 14. Contacts with the billing company to have the necessary corrections made were unsuccessful. Respondent advised MM and PGM that she would resolve the billing issue but never did. 15. During the time Respondent was treating JRM, JRM simultaneously received services from another treatment provider. That provider had performed psycho-educational testing of JRM and recommended that JRM receive residential treatment. 16. The additional treatment provider attempted to act as an intermediary for MM and PGM and contacted Dr Stoner regarding the billing issues, but was unsuccessful in helping to achieve a resolution. 17. During the treatment that Respondent provided to JRM, Respondent advertised her services via a business card. 18. ‘This business card contained the Greek symbol for Psychology, identified herself as “Jodi Stoner, PhD" listed the word Psychology under her name, and listed the initials RMHCI for “Registered Mental Health Intern” on the card as well. 19. Respondent has been licensed as a mental health counselor since 2004. 20. MM and PGM both believed that Respondent was a licensed psychotogist, based on the advertising on her business cards. C:\Documents and Settings\ButlerPX\Desktop\Cecelia\Board of CSW 451 Cases\Stoner, Jodi LMHC\Stoner AC failure to meet 3 minimum standards.coc Sep 22 2008 16:40 SEP-22-2088 16:42 P.@6 21. MM and PGM were never able to have the billing issues resolved with Respondent. 22. JRMs treatment was subsequently transferred from Respondent to another provider. 23, More than a year after JRM ceased treating with Respondent, PGM and MM were still attempting to resolve the issues with the billing and diagnosis of IRM’s treatment. 24, Respondent was contacted by MM and PGM on or about August 29, 2007, regarding correcting the diagnosis of JRM. Respondent never resolved the billing and diagnosis issues. COUNT ONE 25. Petitioner realleges paragraphs one (1) through twenty-four (24) as though fully set forth herein. 26. Section 491.009(1)(r), Florida Statutes (2006) — (2007), 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 an act for which disciplinary action may be taken. 27, Respondent failed to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance when Respondent failed to consult with MM and PGM in their efforts to resolve the C:\Documents and Settings\ButlerPx\Desktop\Ceceiia\Board of CSW 491 Cases\Stoner, Jodi LMHC\Stoner AC failure to meet 4 minimum standards.doc Sep 22 2008 16:40 SEP-22-2088 16:42 Pa? billing and diagnosis issues surrounding the treatment of JRM and subsequent payment for services by their insurance carrier. 28. Based on the foregoing, Respondent violated Section 491,009(1)(r) Florida Statutes (2006) — (2007), by failing to meet minimum standards of performance in professional activities when measured against generally prevailing peer performance. ) COUNT TWO 29, Petitioner realleges and incorporates paragraphs one (1) through twenty-’ four (24) as if fully set forth herein, 30. Section 491.009(1)(d), Florida Statutes (2006) — (2007), subjects a licensee to discipline for false, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed, 31. Respondent violated Section 491.009(1)(d) by advertising business cards with the Greek symbols “Psy” on it, advertising “Psychology” under her name, and failing to properly designate herself as a Licensed Mental Health Counselor. 32. Based on the foregoing, Respondent has violated Section 491. 009(1)¢¢h, Florida Statutes, (2006)- (2007) by engaging in false, deceptive or misleading advertising. WHEREFORE, the Petitioner respectfully requests that the Board 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, C:\Documents and Sertings\ButlerPx\Desktop\Cecelia\Board of CSW 491 Cases\Stoner, Jodi LMHC\Stoner AC farlure to meat 5 minimum svandaras.dac . Sep 22 2008 16:41 SEP-22-2088 16:42 P.@8 issuance of a reprimand, placement of the Respondent on probation, corrective action and/or any other relief that the Board deems appropriate. Hh . SIGNED this if day of _J¥47 2008. Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General ? oe oP oa 2 | fil i Cecelia D. Jefferson Assistant General Counsel Florida Bar # 00076099 — Department of Health Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (850) 245-4640 voice (850) 245-4682 FAX PCP Date: *\, v1. 0% PCP Members: Poloec tS, ae yers a rida men 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, ; C:\Documents and Settings\ButlerPX\Desktop\Cecelia\Board of CSW 491 Cases\Stoner, Jodi LMHC\Stoner AC failure to meet 6 minimum standards.doc

Docket for Case No: 08-004746PL