BEFORE THE ARIZONA BOARD OF BEHAVIORAL HEALTH EXAMINERS

Transcription

1 BEFORE THE ARIZONA BOARD OF BEHAVIORAL HEALTH EXAMINERS In the Matter of: Lisa Dodd, LPC-0, Licensed Professional Counselor, In the State of Arizona. Respondent CASE NO CONSENT AGREEMENT AND ORDER OF CENSURE In the interest of a prompt and speedy settlement of the above captioned matter, consistent with the public interest, statutory requirements and responsibilities of the Arizon State Board of Behavioral Health Examiners ("Board"), and pursuant to A.R.S. -1 (H and 1-.0(F)(), Lisa Dodd ("Re~ipondent") and the Board enter into this Consen 0 Agreement, Findings of Fact, Conclusion:; of Law and Order ("Consent Agreement") as a fina disposition of this matter. RECITALS Respondent understands and agre:es that: 1. Any record prepared in this matter, all investigative materials prepared or received b the Board concerning the allegations, and all related materials and exhibits may be retained i the Board's file pertaining to this matter.. Respondent has the right to a formal administrative hearing at which Responden can present evidence and cross examine the State's witnesses. Respondent hereby irrevocabl waives her right to such formal hearing concerning these allegations and irrevocably waives he right to any rehearing or judicial review relating to the allegations contained in this Consen Agreement, Findings of Fact, Conclusiomi of Law and Order. -1

2 . Respondent has the right to consult with an attorney prior to entering into thi Consent Agreement.. Respondent acknowledges and agrees that upon signing this Consent Agreemen and returning it to the Board's Executive Director, Respondent may not revoke her acceptanc of this Consent Agreement or make any modifications to it. Any modification of this origina document is ineffective and void unless mutually approved by the parties in writing.. The findings contained in the Findings of Fact portion of this Consent Agreement ar conclusive evidence of the facts stated herein and may be used for purposes of determining sanctions in any future disciplinary matter.. This Consent Agreement is subject to the Board's approval, and will be effective onl when the Board accepts it. In the event the Board in its discretion does not approve thi Consent Agreement, this Consent Agreement is withdrawn and shall be of no evidentiary value, nor shall it be relied upon or introduced in any disciplinary action by any party hereto, excep that Respondent agrees that should the Board reject this Consent Agreement and this cas proceeds to hearing, Respondent shall assert no claim that the Board was prejudiced review and discussion of this document or of any records relating thereto.. Respondent further understands that once the Board approves and signs thi Consent Agreement, it shall constitute a public record that may be disseminated as a forma action of the Board. 0 The Board issues the following Findings of Fact, Conclusions of Law and Order: FINDINGS OF FACT 1. Respondent is the holder of License No. LPC-0 for the practice of professional counseling in Arizona. -

3 . On //0, Respondent conducted a crisis risk evaluation on an year old boy 0 ("Son"). Son's mother ("Mother") provided consent for Respondent to conduct Son's evaluation.. Respondent did not retain documentation of Mother's informed consent to treatment in Son's record.. On //0, Respondent recei'.red a telephone call from Mother requesting that Respondent write a letter summarizing her evaluation of Son.. Respondent did not document her //0 telephone conversation with Mother.. On //0, Respondent made a telephonic report to Child Protective Services ("CPS") regarding Son.. Respondent did not submit a written CPS report within hours of her telephonic CPS report.. Sometime after Respondent made her telephonic CPS report, she received a courtesy telephone call from the assigned CPS caseworker.. Respondent did not document the courtesy telephone call from the CPS caseworker.. On //0, Respondent rece!ived a letter from Father requesting that Respondent provide him with a copy of Son's entire record, "including, but not limited to, clinical records, documentation of telephone calls, scheduling records, any correspondence from any source, insurance documentation, and financial re,cords".. Respondent did not provide Father with Son's entire record in response to his written request. The only document Respondent provided to Father was a progress note documenting her //0 evaluation of Son. CONCLUSIONS OF LAW 1. The Board has jurisdiction over Respondent pursuant to A.R.S. -1 et seq. and the rules promulgated by the Board r'lating to Respondent's professional practice as a licensed behavioral health professional. -

4 . The conduct and circumstances described in the Findings of Fact constitute a ~ violation of A.R.S. -1 ()(p), failing to conform to minimum practice standards as developed by the Board, as it relates to A.A.C. R-- 0(B)(), a licensee shall ensure that a client record contains documentation of infmmed consent to treatment.. The conduct and circumstances described in the Findings of Fact constitute a violation of A.R.S. -1 ()(p), failing to conform to minimum practice standards as developed by the Board, as it relates to A.A.C. R-- 0(B)(), a licensee shall ensure that a client record contains documentation of telephone, written, or face-to-face contact with the client or another individual that relates to the client's health, safety, welfare or treatment.. The conduct and circumstances described in the Findings of Fact constitute a violation of A.R.S. -1 ()(ii), violating any federal or state law, rule, or regulation applicable to the practice of behavioral health, as it relates to A.R.S. -0(D), which requires a written CPS report to be submitted within hours of a telephonic CPS report.. The conduct and circumstance~; described in the Findings of Fact constitute a violation of A.R.S. -1 ()(ii), violatng any federal or state law, rule, or regulation applicable to the practice of behavioral health, as it relates to A.R.S. -(A), which requires a health care provider in possession of a client record to provide access to or copies of the records to a client's health care decision maker upon written request of the client's heath care decision maker. ORDER Based upon the foregoing Finding~; of Fact and Conclusions of Law, the parties agree to the provisions and penalties imposed as follows: 1. Respondent is hereby censured for her conduct as set forth in the Findings of Fact.. This Consent Agreement and Order shall be effective on the date of entry below. -

5 . This Consent Agreement and Order is conclusive evidence of the matters described herein and may be considered by the Board in determining appropriate sanctions in the event a subsequent violation occurs. PROFESSIONAL ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT glld-,,-,d~ ~ BOARD ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT ~ I~ ± L Dated this day of -lj..&1-'" II <A,00. ORIG~.ofthe~ This ~ day of Arizona Board of Behavioral Health Examiners N. Central Ave., Suite 00 Phoenix, AZ. 0 By: (~JL,~ (L~L DEBI RINAUDO, Executive Director Arizona Board of Behavioral Health Examiners,00, with: _ 0 Lisa Dodd Address of Record Respondent Dee Dee Armer Holden Holden & Armer, P.C. 1 South Rural Road, Suite Tempe, Arizona Attorney for Respondent -