STATE OF FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING DEPARTMENT OF HEALTH, - PETITIONER, v. CASE NO. 2018-00230 GERARDO JAMES DE JESUS, R.M.H.C.L., RESPONDENT. ADMINISTRATIVE COMPLAINT 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 and Family Therapy and Mental Health Counseling against Respondent, Gerardo James De __ Jesus, R.M.H.C.I., and in support thereof alleges: 1. Petitioner is the state department charged with regulating the practice of 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 registered mental health counselor intern in the state of Florida, having been issued license number IMH 5110. 3. | Respondent's address of record is 2557 Runyon Circle, Orlando, Florida 32837. - 4, Beginning on or about October 13, 2017, and continuing through or about December 21, 2017, Patient S.G., a 35 year-old female, . presented to Respondent for psychotherapy services. | 5. In fate November and/or early December, 2017, during a © treatment session, Respondent repeatedly touched Patient S.G.’s breasts with his left arm. 6. In late November and/or early December, 2017, during a treatment session, Respondent put his left hand on Patient S.G.’s right upper-thigh. 7. On or about December 21, 2017, at the end of a treatment session, Respondent kissed Patient S.G. 8. Section 491.009(1)(k), Florida Statutes (2017), subjects a mental health counselor intern to discipline, including restriction, for committing any act upon a patient or client which would constitute sexual DOH v. Gerardo James De Jesus, R.M.H,C.E. Case No. 2018-00230 battery or which would constitute sexual misconduct as defined pursuant to Section 491.0111, Florida Statutes (2017). . 9. Section 491.0111, Florida Statutes (2017), provides that sexual misconduct shall be defined by board rule. — 10. Rule 64B4-10.002(1), Florida Administrative Code, provides that it is sexual misconduct for a psychotherapist to engage, attempt to engage, or offer 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. 11. Respondent committed sexual misconduct upon Patient S.G. in one or more of the following ways: a. By touching Patient S.G.’s breast; b. By touching Patient S.G.’s thigh; and/or c. By kissing Patient S.G. 12. Based on the foregoing, Respondent violated Section 491.009(1)(k), Florida Statutes (2017), by committing an act upon a patient which would constitute sexual misconduct pursuant to Section DOH v. Gerardo James De Jesus, R.M.H.C.I. Case No. 2018-00230 . 491.0111, Florida Statutes (2017), and Rule 64B4-10.002(1), Florida Administrative Code. WHEREFORE, 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. SIGNED this_7™ day of March __, 2018. Celeste pie M. D., M.P.H. basso: ‘Bar No. DI Assistant Genera! Counsel Office of the General Counsel Prosecution Services Unit : FILED Florida Department of Health OE A OEY GER 4052 Bald Cypress Way, Bin #C-65 CLERK Amber Greene Tallahassee, Florida 32399-3265 pare MAR 0 7 2018 Telephone: (850) 558-9911 Facsimile: (850) 245-4662 Email: Ross.Vickers@flhealth.gov PCP Meeting: “March 7, 2018 PCP Members: Sandra Barlow; Mary Macomber; Jamie Buller DOH v. Gerardo James De Jesus, R.M.H.C.I. Case No. 2018-00230 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. A request or petition for an administrative hearing must be in writing and must be received by the Department within 21 days from the day Respondent received the Administrative Complaint, pursuant to Rule 28-106.111(2), Florida Administrative Code. If Respondent fails to request a hearing within 21 days of receipt of this Administrative Complaint, Respondent waives the right to request a hearing on the facts alleged in this Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Any request for an administrative proceeding to challenge or contest the material facts or charges contained in the Administrative Complaint must conform to Rule 28-106. 2015(5), Florida Administrative Code. Mediation under Section 120.573, Florida Statutes, is not available to resolve this Administrative Complaint. 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 any other discipline imposed. DOH v. Gerardo James De Jesus, R.M.H.C.I. Case No. 2018-00230

Docket for Case No: 18-001938PL