8 The Board received a request from Heidi Quinlan to release her from the terms and conditions of
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1 BEFORE THE ARIZONA STATE BOARD OF BEHAVIORAL HEALTH EXAMINERS In the Matter of:. HEIDI QUINLAN Licensed Professional Counselor, LPC-1 :1,0 and Licensed Independent Substance Abuse Counselor, LlSAC-01, In the State of Arizona. Case No.: 0-00 RELEASE FROM CONSENT AGREEMENT AND ORDER The Board received a request from Heidi Quinlan to release her from the terms and conditions of the Consent Agreement and Order dated Seotember,0. After consideration of the documentation provided by Ms. Quinlan and the Counseling Credentialing Committee's recommendation supporting release from the terms and conditions of the Consent Agreement and Order dated Septerrlber, 0, the Board noted that Ms. Quinlan complied with all of the terms and conditions of the Consent Agreement and Order. ORDER GOOD CAUSE APPEARING, IT IS THEREFORE ORDERED THAT: Ms. Quinlan is hereby released from all terms and conditions of the Consent Agreement and Order dated September, 0. 1 DATED this ~ day of A-fr;,,. ARIZONA STATE BOARD OF BEHAVIORAL HEALTH DAMINERS By:~~~:~~~~~~~~~ RINAUDO, Executive Director -1
2 1 ORIGINIAL of the foregoing filed This '&'1t.-. day of_~a'-i'f:.:. ""..:..t..!..( ", with: Arizona Board of Behavioral Health Examiners North Central Avenue, Suite 100 Phoenix, Arizona 0 COPY of the foregoing certified mailed: This 'istb day of Ap,; \,, Certified mail no. tj,o I' Z 0 0,to: Heidi Quinlan Address of Record Respondent Michael Ross Gallagher & Kennedy, PA E. Camelback Rd. Phoenix, AZ. 0- Tobi Zavala
3 BEFORE lrhe ARIZONA BOARD OF BEHAVIORAL HEALTH EXAMINERS In the Matter of: HEIDI QUINLAN, LPC Applicant, LAC-1, and L1SAC-01, In the State of Arizona. Respondent COMPLAINT NO CONSENT AGREEMENT AND ORDER FOR ISSUANCE OF LICENSE 1 In the interest of a prompt and speedy settlement of the above captioned matter, consistent with the public interest, stltutory 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)(), Heidi Quinlan ("Respondent") and the Board enter into this Consen Agreement, Findings of Fact, Conclusions of Law and Order ("Consent Agreement") as a fina disposition of this matter. RECITALS Respondent understands and agrees 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 matte!r.. 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, Conclusions of Law and Order. By this waiver, neither the Boar nor Respondent waive any rights related to the prospective performance of the parties respective obligations under this Consent Agreement. -1
4 1 1. Respondent has the right tc 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.. Although Respondent does not agree that all the Findings of Fact set forth in thi Consent Agreement are supported by the evidence, Respondent acknowledges that it is th Board's position that, if this matter proceeded to a formal hearing, the Board could establis sufficient evidence to support a conclusion that certain of Respondent's conduct constitute unprofessional conduct. Therefore, Hespondent has agreed to enter into this Consen Agreement as an economical and pradical means of resolving the issues associated with th complaint filed against her. Further, Hespondent acknowledges that the Board may use th evidence in its possession relating to this Consent Agreement for purposes of determinin sanctions in any further disciplinary matter.. This Consent Agreement is subject to the Board's approval, and will be effective onl when the Board accepts it. In the (~vent 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 by it review and discussion of this document or of any records relating thereto.. Respondent further undl~rstands that once the Board approves and signs Consent Agreement, it shall constitute a public record that may be disseminated as a forma action of the Board. -
5 The Board issues the following Findings of Fact, Conclusions of Law and Order: 1 FINDINGS OF FACT 1. Respondent is the holder of License No. LAC-1 for the practice of counseling in Arizona.. Respondent is the holder of License No. L1SAC-01 for the independent practice 0 substance abuse counseling in Arizona.. On April, 0, Respondent submitted her application for licensed professiona counselor in Arizona.. On August, 0, Respondent sent an containing subjective comment regarding her minor client's father to the family's court-appointed parenting coordinator. Sh copied client's Mother but not client's Fc:lther on the .. Respondent did not consult with her supervisor before sending the .. In hindsight, Respondent acknowledged her response to Father might have bee different had she not been experiencin~1 stress at the time she was treating her client.. Respondent failed to identify in her that certain statements were based solei on information received from Mother.. By sending the to Mother and not Father, the recipients of the coul have had the impression that Respondent had taken sides with Mother against Father. 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 relating to Respondent's professional practice as licensed behavioral health professional.. The conduct and circumstances described in the Findings of Fact constitute violation of A.R.S. -1 ()(k), any conduct or practice that is contrary to recognize -
6 standards of ethics in the behavioral health profession, as it relates to the ACA Code of Ethics, C..e, Consultation on Ethical Obligations: Counselors take reasonable steps to consult with other counselors or related professionals when tl,ey have questions regarding their ethical obligations or professional prglctice. and C..b, Reports to Third Parties: Counselors are accurate, honest and objective in reporting their professional activities and judgments to appropriate third parties, including courts, health insurance companies, those who are the recipients of evaluation reports, and others.. The conduct and circumstances described in the Findings of Fact constitute violation of A.R.S. -1()(1), any conduct that impairs the ability of the licensee to safel and competently practice the licensee's profession. 1 ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, the parties agree t the provisions and penalties imposed as follows: 1. Respondent's application to be a licensed professional counselor is approved.. Respondent, the holder of the license issued pursuant to paragraph 1 and licens L1SAC-01, will be immediately pl;ced on probation for a minimum period of months effective from the date of entry as signed below. Continuing Education. In addition to the continuing education requirements of A.R.S. -, within months of the effective date of this Consent Agreement, Respondent shall take a -clock hall seminar in each of the following areas: ethics, managing conflictual parental relationships, an -
7 1 1 issues related to family court. Each required seminar shall be pre-approved by the Counseling Credentialing Committee Chair or designe~e. Requests for pre-approval shall be sent in writing t the Board's Compliance Officer at the /0ard's office. Decisions regarding requests for pre approval shall be provided to Respondent in a timely manner. Coursework previously taken b Respondent may be submitted to the Counseling Committee Chair for satisfaction of thi requirement if it has not been previously submitted to meet the continuing educatio requirements of a renewal application. Upon completion, Respondent shall submit a certificat of completion of the required seminars to the Counseling Committee Chair or designee. Clinical Supervision. While on probation, Respondent shall submit to clinical supervision for a minimu period of months by a masters or hi,;)her level behavioral health professional licensed at th independent level. Within 0 days of the date of this Consent Agreement, Respondent shal submit the name of a clinical supervisor for pre-approval by the Counseling Committee Chair 0 designee. Also within 0 days of the date of this Consent Agreement, the clinical superviso shall submit a letter disclosing his/hlr prior relationship to Respondent. In that letter, th supervisor must address why he/sht should be approved, acknowlec\ge that helshe ha reviewed the Consent Agreement and include the results of an initial assessment and supervision plan regarding the proposed supervision of Respondent. supervisor shall be submitted to the Board. Focus and Frequency of Clinical Supervision The letter from th. The focus of the supervision shall relate to ethics, transference and counter transference. Respondent shall meet in person with the supervisor at least 1 hour for every hours worked. -
8 1 1 Quarterly Reports. Once approved, the supervisor shall submit quarterly reports for review and approva by the Counseling Credentialing Committee Chair or designee. The quarterly reports shal include issues presented in this consent agreement that need to be reported and the superviso shall notify the Board if more frequent supervision is needed. After months, the superviso shall submit a final summary report for review and approval by the Counseling Credentialin Committee Chair or designee. Change of Clinical Supervisor During Probation. If, during the period of Respondent's probation, the clinical supervisor determines tha he/she cannot continue as the clinical supervisor, he/she shall notify the Board within days 0 the end of supervision and provide the Board with an interim final report. Respondent shal advise the Counseling Committee chair or designee within 0 days of cessation of clinica supervision by the approved clinical supervisor of the name of a new proposed clinical supervisor. The proposed clinical supervisor shall provide the same documentation to the Boar as was required of the initial clinical supervisor. Early Release. After months and upon the supervisor's recommendation, Respondent rna request early release from the Consent Agreement and Order if all other terms of the Consen Agreement and Order have been met. General Provisions. Within days of the effective date of this Order, Respondent shall provide the Counseling Credentialing Committee Chair or designee with a signed statement from Respondent's employer confirming Respondent provided the employer with a copy of this Consent Agreement and Order. If Respondent does not provide the employer's statement to the -
9 Board within days of the effective date, the Board will provide Respondent's employer with a 1 copy of the Consent Agreement and Order.. If, during the period of Respondent's probation. Respondent changes employment. Respondent shall immediately inform the Board of the new employment and shall within day of starting each new employment, provide the Counseling Credentialing Committee Chair 0 designee with a signed statement from Respondent's new employer confirming Responden provided the employer with a copy of this Consent Agreement and Order. If Respondent doe not provide the employer's statement to the Board within days of the effective date, th Board will provide Respondent's empjoyi~r with a copy of the Consent Agreement and Order.. Prior to the release of Respondent from probation, Respondent must submit written request to the Board for release from the terms of this Consent Agreement and Order a least 0 days prior to the date she would like to have this matter appear before the Board. Respondent may appear before the Board. either in person or telephonically. Respondent mus provide evidence that she has successfully satisfied all terms and conditions in this Consen Agreement. The Board has the sole discretion to determine whether all terms and conditions 0 this Consent Agreement and Order halve been met and whether Respondent has adequatel demonstrated that she has addressed the issues contained in this Consent Agreement an Order. In the event that the Board determines that any or all terms and conditions of thi Consent Agreement and Order have not been met. the Board may conduct such furthe proceedings as it determines are appropriate to address those matters.. Respondent shall not provide clinical supervision for individuals obtaining clinica supervision hours to be applied towalrd an independent licensure application or for license clinicians while under probation.. Respondent shall bear all costs relating to probation terms required in this Consen Agreement and Order. - ~--~
10 . Respondent shall bear all cos1s relating to probation terms required in this Consen Agreement and Order.. Respondent shall be responsible for ensuring that all documentation required in thi Consent Agreement and Order is provided to the Board in a timely manner.. This Consent Agreement and Order shall be effective on the date of entry below.. This Consent Agreement and Order is conclusive evidence of the matters describe herein and may be considered by the Board in determining appropriate sanctions in the event subsequent violation occurs. PROFESSIONAL ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT ~ fhp~) Q ~ Heidi Quinlan Date 1 BOARD ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT Dated this./1.- day of _ ~d t "'"1,0. ORI~I~ ofthef~~~ This ~ day e Arizona Board of Behavioral Health Examiners N. Central Ave., Suite 100 Phoenix, AZ 0 ira LdA By: () ~J -1, DEBRA RINAUDO, ~utive Director Arizona Board of Behavioral Health Examiners, 0, with: COPYOftheforegOingm~~.,. -"'f~ certli~a"no.~ I """ IJJ This r:j'a day of _, 0, to: Heidi Quinlan Address of Record Respondent ~ i
11 COPY of the foregoing mailed via ~~!\."aq Certifi"llJ'l'aii no. ~)U u-.;p 1 This l rjt!1 day of{;\ _, 0, to: Michael R. Ross Gallagher & Kennedy, PA E. Camelback Rd. Phoenix, p;z 0- Attorney for Respondent 1 -
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