Petitioner: DEPARTMENT OF HEALTH, BOARD OF PSYCHOLOGY
Respondent: ROE F. CLARKE, PH.D.
Judges: ROBERT E. MEALE
Agency: Department of Health
Locations: West Palm Beach, Florida
Filed: Aug. 30, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 20, 2019.
Latest Update: Dec. 26, 2024
STATE OF FLORIDA
BOARD OF PSYCHOLOGY
DEPARTMENT OF HEALTH,
PETITIONER,
ve CASE NO. 2018-15756
ROE F. CLARKE, PH.D.,
RESPONDENT.
/
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health and files this
Administrative Complaint before the Board of Psychology (Board) against
Respondent, Roe F. Clarke; Ph.D., and in support thereof alleges:
1. Petitioner is the state agency 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, having been issued license
number PY 4970.
DOH v. Roe F. Clarke, Ph.D.
, Case No. 2018-15756
Page 1 of 8
3. Respondent’s address of record is 430 Sea Turtle Terrace,
Plantation, Florida 33324. An additional address for Respondent is 950 S.
Pine Island Road, Building. A-150, Plantation, Florida 33324.
4. Between July. 2013 and January.2015, Respondent provided
therapy to Patient A.K.
5. Respondent knew that Patient A.K. previously displayed
boundary issues with therapists and that Patient A.K. had an addictive
personality.
6. While undergoing therapy with Respondent, Patient A.K. made
purchases for Respondent.
7. While undergoing therapy with Respondent, Patient A.K.
purchased meals for Respondent. .
8. While undergoing therapy with Respondent, Patient A.K. did
errands for Respondent.
9. While undergoing therapy with Respondent, Patient A.K.
reviewed Respondent's profile on a dating website. .
10. While undergoing therapy with Respondent, Patient A.K. and
Respondent traveled together.
DOH v. Roe F. Clarke, Ph.D,
Case No. 2018-15756
Page 2 of 8
ii. When Patient A.K. and Respondent traveled together, Patient
A.K. and Respondent would share a bed.
12. Patient A.K. paid for Respondent's travel expenses.
13. The minimum standards of performance in psychology require
that a practitioner with knowledge of a patient’s prior boundary and
addiction issues refrain from engaging the patient in a relationship outside
of therapy sessions.
14. The minimum standards of performance in psychology require
that a practitioner reject receipt of substantial financial help and gifts from
a patient. | |
COUNT I
15. Petitioner realleges and incorporates paragraphs one (1)
through fourteen (14) as if fully set forth herein. |
16. Section 490.009(1)(r), Florida Statutes (2013-2014), 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 discipline.
DOH v. Roe F. Clarke, Ph.D.
Case No. 2018-15756
Page 3 of 8
17. Respondent failed to meet the minimum standards of
performance in psychology when measured against generally prevailing
peer performance during the time Patient A.K. underwent therapy with
Respondent, in one or more of the following ways:
a. Accepting purchases made by Patient AK.;
b. Accepting meals purchased by Patient A.K.:
c. Allowing Patient A.K. to do errands for Respondent;
d. Allowing Patient A.K. to review Respondent's profile on a
dating website;
e. ‘Traveling with Patient A.K.;
f, Sharing a bed with Patient AK. while they traveled;
and/or
g. Allowing Patient A.K. to pay for Respondent's travel
expenses. .
18. Based on the foregoing, Respondent violated section
490.009(1)(r), Florida Statutes (2013-2014).
DOH v. Roe F, Clarke, Ph.D.
Case No. 2018-15756
Page 4 of 8
COUNT II
19. Petitioner realleges and incorporates paragraphs one (1)
through fourteen (14) as if fully set forth herein.
20. Section 456.072(1)(n), Florida Statutes (2013-2014), provides
that exercising influence on the patient or client for the purpose of financial
gain of the licensee or a third party constitutes grounds for discipline.
21. Respondent exercised influence on Patient A.K. for the purpose
of financial gain of Respondent or a third party when Respondent knew
that Patient A.K. previously displayed boundary issues with therapists and
had an addictive personality, and Respondent did one or more of the
following: _ ;
a. Accepted purchases made by Patient A.K.;
b. Accepted meals purchased by Patient AK;
c. Allowed Patient A.K. to do errands for Respondent;
d. Allowed Patient A.K. to review Respondent's profile on a
dating website; | .
e, Traveled with Patient A.K.;
f. | Shared a bed with Patient AK. while they traveled;
and/or
DOH v. Roe F. Clarke, Ph.D.
Case No. 2018-15756
Page 5 of 8
g. Allowed Patient A.K. to pay for Respondent's travel
expenses.
22. Based on the foregoing, Respondent violated section
456.072(1)(n), Florida Statutes. (2013-2014). -
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, refund of
fees billed or collected, remedial education and/or any other relief that the
Board deems appropriate.
[SIGNATURE PAGE TO FOLLOW]
DOH v. Roe F. Clarke, Ph.D.
Case No. 2018-15756
Page 6 of 8
SIGNED this 11th day of March, 2019.
[s/ Christina Arzillo Shideler
Christina Arzillo Shideler
Assistant General Counsel
DOH Prosecution Services Unit
4052 Bald Cypress Way, Bin C-65
Tallahassee, FL 32399-3265
Florida Bar # 90869
(850) 558-9844
FiLeD (850) 245-4684 FAX
HEALTH
DEPART MUTY CLERK Christina.Shideler@flhealth.gov
CLERK — Angel bundend
pare MAR 13.2018
PCP: 3.11.19
PCP Members: Drew & Swan
DOH v. Roe F. Clarke, Ph.D.
Case No. 2018-15756
Page 7 of 8
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 to any other discipline imposed.
DOH v. Roe F. Clarke, Ph.D.
Case No. 2018-15756
Page 8 of 8
Docket for Case No: 19-004664PL
Issue Date |
Proceedings |
Nov. 20, 2019 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Nov. 20, 2019 |
Petitioner's Motion to Relinquish Jurisdiction filed.
|
Nov. 15, 2019 |
Petitioner's Exhibit to Motion to Deem Petitioner's Request for Admissions Admitted and Relinquish Jurisdiction filed.
|
Nov. 04, 2019 |
Motion to Deem Petitioner's Request for Admissions Admitted and Relinquish Jurisdiction filed.
|
Oct. 31, 2019 |
Amended Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for January 15, 2020; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to Order Granting Motion).
|
Oct. 31, 2019 |
Amended Notice of Hearing by Video Teleconference (hearing set for January 15, 2020; 9:00 a.m.; West Palm Beach and Tallahassee, FL; amended as to Date).
|
Oct. 29, 2019 |
Petitioner's Unopposed Motion for Continuance filed.
|
Sep. 26, 2019 |
Notice of Hearing by Video Teleconference (hearing set for November 8, 2019; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Sep. 11, 2019 |
Notice of Serving Petitioner's First Request for Interrogatories, First Request for Production and First Request for Admissions to Respondent filed.
|
Sep. 10, 2019 |
Unopposed Response to Initial Order filed.
|
Sep. 05, 2019 |
Notice of Appearance (Dannie Hart) filed.
|
Sep. 03, 2019 |
Initial Order.
|
Aug. 30, 2019 |
Election of Rights filed.
|
Aug. 30, 2019 |
Administrative Complaint filed.
|
Aug. 30, 2019 |
Agency referral filed.
|