STATE OF FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING DEPARTMENT OF HEALTH, PETITIONER, v. CASE NO. 2017-23004 CATHERINE A. HEYMSFELD, L.C.S.W. RESPONDENT. / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Health, and files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling against Respondent, Catherine A. Heymsfeld, L.C.S.W. and alleges: 1. Petitioner is the state agency charged with regulating the practice of Clinical Social Work, Marriage and 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 clinical social worker in the State of Florida, having been issued license number SW 10542. 3. Respondent's address of record is 148 Martin Luther King Avenue, St. Augustine, Florida 32084. 4, On or around and between July-September2017, Respondent treated C.S. and E.M. 5. On or about September 27, 2017, Respondent informed C.S. that Respondent had romantic feelings for C.S. 6. On or about and between October-November 2017, Respondent and C.S. engaged in a romantic, sexual relationship. 7. Section 491.009(1)(k), Florida Statutes (2017), provides that committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as defined pursuant to section 491.0111, Florida Statutes constitutes grounds for disciplinary action. 8. Section 491.0111, Florida Statutes (2017), provides that sexual misconduct by any person licensed or certified under [chapter 491], in the practice of her or his profession, is prohibited. Sexual misconduct shall be defined by rule. DOH v. Catherine A. Heymsfeld, L.C.S.W. DOH Case No.: 2017-23004 9. Rule 64B4-10.002(1), Florida Administrative Code (F.A.C.), 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. 10. Rule 64B4-10.003(2), F.A.C., provides that for purposes of determining the- existence of sexual misconduct the psychotherapist-client relationship, once established, is deemed to continue for a minimum of 2 years after termination of psychotherapy or the date of the last professional contact with the client. 11. The Subject committed sexual misconduct by engaging, attempting to engage, and/or offering to engage C.S. in a sexual relationship within 2 years of the last treatment date. 12. Based on the foregoing, Respondent violated 491.009(1)(k), Florida Statutes (2017), through a violation of 491.0111, Florida Statutes (2017), as defined by Rule 64B4-10.002(1), F.A.C. and/or Rule 64B4- 10.003(2), F.A.C. DOH v. Catherine A. Heymsfeld, L.C.S.W. DOH Case No.: 2017-23004 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, 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 10 day of June, 2020. FILED Scott A. Rivkees, M.D. DEPARTMENT OF HEALTH State Surgeon General DEPUTY CLERK CLERK: Amanda Morales Ryan Sandy Assistant General Counsel Florida Bar No. 117940 DOH Prosecution Services Unit 4052 Bald Cypress Way Tallahassee, FL 32399-3265 Telephone (850) 558-9862 Ryan.Sandy@flhealth.gov PCP Date: June 10, 2020 PCP Members: Buller and Gray DOH v. Catherine A. Heymsfeld, L.C.S.W. DOH Case No.: 2017-23004 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. Please be advised that mediation under Section 120.573, Florida Statutes, is not available for administrative disputes involving this agency action. 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. Catherine A. Heymsfeld, L.C.S.W. DOH Case No.: 2017-23004

Docket for Case No: 20-003802PL