Apr 21 2009 9:37 APR-21-2009 944 P.23 STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, Petitioner, ve CASE NG. 2004-29150 MICHAEL F, WALCZAK, Psy.D, Respondent. ee 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, MICHAEL F. WALCZAK, Psy.D., and in support thereof alleges: 1. Petitioner is the state department charged with reguiating 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 in the state of Florida, and was issued license number PY 3256 on July 12, 1983. 3. Respondent's address of record is 441 5. State Road 7, Suite 9-C, Margate, Florida 33068. 4, On or about February 7, 2002, minor male patient D.G., then 16 years old, presented to Respondent for an Alcohol and Drug Evaluation. In the evaluation report of the same date, Respondent stated the purpose of the referral was to assess the drug Department of Health v, Michael F, Walczak, Psy.D. 1 Case number 2004-29150 J\PSU\Allled Health\Lynette Nor\PSYCH\PCP 2006\2006-07\AC APR-21-2889 89:45 Apr 21 2009 9:38 and alcohol needs of D.G. and to place this in perspective with his current legal situation. 5. Respondent's billing records indicate that D.G. presented to Respondent for monthly or bi-weekly counseling and therapy beginning on or about March 4, 2002, and continuing at least through the middle of December, 2002. a, Respondent met P.G., the mother of minor patient D.G., when 0.G. first presented to Respondent for evaluation and counseling. 7. P.G. participated in D.G.’s evaluation and counseling as needed for D.G.'s treatment. P.G. was the sole parent providing information to the Respondent regarding D.G.’s behavior, either by briefly attending counseling sessions, by leaving notes for Respondent, or by telephoning information into the office. D.G.'s anger with his mother and the relationship between D.G, and P.G. were among the issues addressed in D.G.'s counseling with Respondent. 8. In or around the summer of 2002, Respondent entered into a friendship relationship with P.G. 9. Respondent's friendship relationship with P.G. included meetings for lunch at Jasmine’s Restaurant in Margate and at Taco Bell, going to the movies, sharing Beatles music on home-made compact disks, going over to P.G.’s apartment, P.G.’s driving to Fort Myers to go to baseball games that Respondent played in, inviting P.G. to join Respondent at Vero Beach for a baseball tournament, and P.G.'s taking Respondent to the hospital for knee surgery at the University of Miami in or about February 2003, Department of Health v. Michael F. Walczak, Psy.0. 2 Case number 2004-29150 Z:\P5U\Allied Health \Lynette Nor\PSYCH\PCP 2006\2006-07\AC Apr 21 2009 9:38 APR-21-2889 9:45 P.@S 10. Respondent and P.G. began @ sexual relationship in Vero Beach on or about August 29, 2002. The sexual relationship between Respondent and P.G. continued at P.G.'s apartment, at Respondent’s house, at Respondent's office, and at hotels until Respondent terminated the relationship in or about mid-March, 2004. 11. Foliowing the March 2004 termination of the relationship with Respondent, P.G., who had no prior history of mental health issues, attempted suicide and required hospitalization. ' : COUNT ONE | 12, Petitioner re-alleges and incorporates paragraphs 1-11 as if fully set forth in this count. 13. Section 490.009(1)(r), Florida Statutes (2001, 2002, 2003) provides that failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance is grounds for disciplinary action by the board. 14. Generally prevailing peer opinion is that in cases involving treatment of minors, the involved parent is considered to be a patient even if the parent is not the identified patient, because the parent(s) under such circumstances are Participating in treatment in a variety of ways, including completing background information, verifying problems and complaints, and becoming involved in some conjoint or family sessions or some one-on-one feedback, advice, or counseling sessions. 15. Maintaining a dual relationship with a patient or the involved parent of a minor patient is an act that fails to meet the minimum standards of performance in Department of Health v. Michael F. Walczak, Psy.D. 3 Case number 2004-29150 JAPSU\Allied Health\Lynette Nom\PSYCH\PCP 2005\2006-O7\AC Apr 21 2009 9:38 APR-21-2889 89:45 P86 professional activities, because a friendship relationship that includes junch dates, invitations to baseball tournaments, or movie dates is a breach of professional boundaries. While P.G. may not have been the Respondent's direct patient, shé was involved in the treatment of D.G. and present for part of the therapy sessions; thus, it was professionally inappropriate for the Respondent to have a Gating friendship relationship with her. 16. As the psychologist for minor patient D.G., Respondent failed to meet minimum standards when he entered into dual relationship as close friends with P.G, because that dual relationship breached professional boundaries, 17. Based on the foregoing, Respondent is in violation of Section 490.009(1)(r), Florida Statutes (2001, 2002), by maintaining a dual relationship, which fails to meet minimum standards of performance in professional activities. COUNT TWO 18. Petitioner re-alleges and incorporates paragraphs 1-11 as if fully set forth in this count. 19. Pursuant to Section 456.063(1), Florida Statutes (2002, 2003), sexual misconduct in the practice of a health care Profession means 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 Department of Health v. Michael F, Walczak, Psy.D. 1 4 Case number 2004-29150 TAPSU\Allied Health\Lynette Nor\PSYCH\PCP 2008\2006-07\AC Apr 21 2009 9:39 APR-21-28689 89:46 Pa? the scope of the professional practice of such health care profession, Sexual misconduct in the practice of a health care profession is prohibited. 20. Section 456.072(1)(u), Florida Statutes (2002, 2003) provides that engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1), constitutes grounds for disciplinary action by the Board. 21. The Respondent committed sexual misconduct by engaging in a consensual sexual relationship with P.G., the mother and immediate relative of Respondent's patient, and later Respondent's former patient, D.G. 22, Based on the foregoing, Respondent is in violation of Section 456.072(1)(u), Florida Statutes (2002, 2003), by entering into a sexual relationship, as defined and prohibited in s. 456.063(1), with an immediate family member of minor D.G., Respondent's patient and then former patient. The remainder of this page intentionally left blank. Department of Health v. Michael F, Walezak, Psy.D, 5 Case number 2004-29150 J:\PSU\Allied Heatth\Lynette Norr\PSYCH\PCP 2006\2006-07\AC Apr 21 2009 9:39 APR-21-2089 9:46 P.@8 WHEREFORE, Petitioner respectfully requests the Board of Psychology to 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, SIGNED this t*"_ day of uses , 2006, M, Rony Francois, M.D., M.S.P.H., Ph.D. Secretary, Department of Health FILE DEPARTMENT OF DEPUTY CLE CLERK: , DATE 4 Lynette Nort, Ph.D., 3.D. TH Assistant General Counsel . Florida Bar Number 0010717 DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin #C-65 Tallahassee, Florida 32399-3265 (850) 245-4640 voice (850) 245-4683 FAX PCP Date: July 27, 2006 PCP Members: Rivas-Vazquez, Lewis Department of Health v, Michael F. Walczak, Psy.D. 6 Case number 2004-29150) a:\PSU\Allied Health\Lynette Norr\PSYCH\PCP 2006\2006-07\AC Apr 21 2009 9:39 APR-21-2689 49:46 P.@9 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. Michael F. Walezak, Psy.D. 7 Case number 2004-29156 J:\PSU\Allied Health\Lynette Nem\PSYCH\PCP 2006\2006-07\AC

Docket for Case No: 09-002125PL