STATE OF FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE & FAMILY THERAPY AND MENTAL HEALTH COUNSELING DEPARTMENT OF HEALTH, PETITIONER, Vv. CASE NO. 2018-27412 NATHAN CHRISTOPHER BELL, L.M.H.C., RESPONDENT. / ADMINISTRATIVE COMPLAINT Petitioner Department of Health files this Administrative Complaint before the Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling (Board) against Nathan Bell, L.M.H.C., and in support thereof alleges: 1. Petitioner is the state agency charged with regulating the practice of mental health counseling pursuant to Section 20.43, Florida Statutes (2018); Chapter 456, Florida Statutes (2018); and Chapter 491, Florida Statutes (2018). 2. At all times material to this Complaint, Respondent was licensed to practice as a licensed mental health counselor within the State of Florida, having been issued license number MH 11015. 3. | Respondent’s address of record is 202 Allamanda_ Drive, Lakeland, Florida 33803. 4. An additional address for Respondent is 1228 Candlewood Drive, Lakeland, Florida 33813. 5. At all times material to this complaint, Respondent worked as a licensed mental health counselor for Fulfilling Endeavors, a counseling service company that he founded, located in Lakeland, Florida. 6. At all times materials to this complaint, Respondent served as the president of Fulfilling Endeavors. 7. In or about November 2016, Respondent began providing counseling services to Patient S.M., a then 22-year-old female patient, and her husband. 8. | Despite ongoing counseling with Respondent, Patient S.M. and her husband divorced in 2017. 9. | Respondent continued to provide weekly counseling services to Patient S.M. following her divorce. 10. Between July 2018 and October 2018, Respondent confided in Patient S.M. that Respondent had inappropriate feelings for Patient S.M. 11. In or about November 2018, Respondent engaged in sexual activity with Patient S.M. in one or more of the following ways: a. Holding hands; b. — Hugging; c. Exchanging sexually explicit text messages; d. Kissing; and/or e. Touching Patient S.M.’s bare breasts. 12. Some of Respondent and Patient S.M.’s sexual encounters occurred during counseling sessions. 13. In late November 2018, Respondent and Patient S.M. terminated their sexual relationship. 14. On or about November 29, 2018, Respondent resigned as president of Fulfilling Endeavors and reported his actions to the Florida Department of Health. 15. Section 491.009(1)(k), Florida Statutes (2018), subjects a licensed mental health counselor to discipline for committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as defined pursuant to s. 491.0111. 16. Section 491.0111, Florida Statutes (2018), states that sexual misconduct by any person licensed or certified under this chapter, in the practice of her or his profession, is prohibited. The statute further explains that sexual misconduct shall be defined by rule. 17. Rule 64B4-10.002(1), Florida Administrative Code (F.A.C.), defines sexual misconduct as engaging, attempting to engage, or offering 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. 18. Respondent engaged, attempted to engage, and/or offered to engage in sexual misconduct with Patient S.M. in one or more of the following ways: a. Expressing to Patient S.M. between July 2018 to October 2018 that Respondent had inappropriate feelings for Patient S.M.; b. — Holding hands with Patient S.M. in or about November 2018; c. Hugging Patient S.M. in or about November 2018; d. — Exchanging sexually explicit text messages with Patient S.M. in or about November 2018; e. Kissing Patient S.M. in or about November 2018; and/or f. Touching Patient S.M.’s bare breasts in or about November 2018. 19. Based on the foregoing, Respondent violated Section 491.009(1)(k), Florida Statutes (2018), by committing sexual misconduct as defined by Section 491.0111, Florida Statutes (2018), and/or Rule 64B4- 10.002(1), F.A.C. WHEREFORE, Petitioner respectfully requests that the Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling enter an order imposing one or more of the following penalties: revocation or suspension of Respondent's license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate. [Signature appears on the following page.] SIGNED this UP ay of SeHonoe , 2019. FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK: DATE: SEP 0 4 2019 PCP: 9.4.19 PCP Members: Scott Rivkees, M.D., State Surg General Mary A,/glehart, Esq. Florida Bar Number 93590 Ascent General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 (P) (850) 558-9856 (F) (850) 245-4684 (E) Mary.Iglehart@flhealth.gov Dr. Barlow / Dr. Shyers / Dr. Day 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 pursuant to 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.

Docket for Case No: 20-000034PL