STATE OF FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE AND FAMILY THERAPY AND MENTAL HEALTH COUNSELING DEPARTMENT OF HEALTH, Petitioner, v. CASE NO. 2016-27885 AMY MENNA, LMHC, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW the Petitioner, Department of Health, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling (hereinafter Board) against Respondent, AMY MENNA, LMHC and alleges: 1. Petitioner is the state department 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 mental health counselor within the State of Florida, having been issued license number MH7364 on or about February 20, 2003. 3. Respondent's mailing address of record is 10 David Court, Asheville, North Carolina 28806 another known address is 20940 Persimmon Place, Estero, Florida 33928. 4. On or about May 29, 2014, in the Sixth Judicial Circuit of Florida, in and for Pinellas County, in case number 522014CF003987XXXXNO, Respondent pled guilty to one count Battery of a law enforcement officer. 5. Respondent did not report this plea to the Board or Department, in writing, within thirty (30) days. 6. On or about May 29, 2014, in the Sixth Judicial Circuit of Florida, in and for Pinellas County, in case number 522014CF003988XXXXNO, Respondent pled guilty to one count Battery of a law enforcement officer. 7. Respondent did not report this plea to the Board or Department, in writing, within thirty (30) days. DOH v. AMY MENNA, LMHC Page 2 of 8
8. On or about May 26, 2014, in Pinellas County, Florida, in case number 522014MM005323XXXXN0 Respondent pled guilty to one count Battery. 9. Respondent did not report this plea to the Board or Department, in writing, within thirty (30) days 10. On or about March 10, 2014, in Pinellas County, Florida, in case number 522014CT019115 Respondent pled guilty to one count reckless driving when reduced from DUI. 11. Respondent did not report this plea to the Board or Department, in writing, within thirty (30) days. COUNT I 12. Petitioner realleges and incorporates paragraphs one (1) through five (5) as if fully set forth herein. 13. Section 491.009(1)(w), Florida Statutes (2013), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board. 14. Section 456.072(1)(x), Florida Statutes (2013), provides that failing to report to the board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo DOH v. AMY MENNA, LMHC Page 3 of 8
contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for discipline by the Board. 15. Based on the foregoing, Respondent has violated Section 491.009(1)(w), Florida Statutes (2013), through a violation of Section 456.072(1)(x), Florida Statutes (2013). COUNT H 16. Petitioner realleges and incorporates paragraphs one (1) through three (3), paragraph six (6), and paragraph seven (7) as if fully set forth herein. 17. Section 491.009(1)(w), Florida Statutes (2013), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board. 18. Section 456.072(1)(x), Florida Statutes (2013), provides that failing to report to the board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for discipline by the Board. DOH v, AMY MENNA, LMHC Page 4 of 8
19. Based on the foregoing, Respondent has violated Section 491.009(1)(w), Florida Statutes (2013), through a violation of Section 456.072(1)(x), Florida Statutes (2013). COUNT III 20. Petitioner realleges and incorporates paragraphs one (1) through three (3), paragraph eight (8), and paragraph nine (9) as if fully set forth herein. 21. Section 491.009(1)(w), Florida Statutes (2013), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board. 22. Section 456.072(1)(x), Florida Statutes (2013), provides that failing to report to the board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for discipline by the Board. 23. Based on. the foregoing, Respondent has violated Section 491.009(1)(w), Florida Statutes (2013), through a violation of Section 456.072(1)(x), Florida Statutes (2013). DOH V. AMY MENNA, LMHC Page 5 of 8
COUNT IV 24. Petitioner realleges and incorporates paragraphs one (1) through three (3), paragraph ten (10), and paragraph eleven (11) as if fully set forth herein. 25. Section 491.009(1)(w), Florida Statutes (2013), provides that violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto constitutes grounds for discipline by the Board. 26. Section 456.072(1)(x), Florida Statutes (2013), provides that failing to report to the board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction constitutes grounds for discipline by the Board. 27. Based on the foregoing, Respondent has violated Section 491.009(1)(w), Florida Statutes (2013), through a violation of Section 456.072(1)(x), Florida Statutes (2013). WHEREFORE, the Petitioner respectfully requests that the Board of Massage Therapy enter an order imposing one or more of the following penalties: permanent revocation or suspension of license, restriction of practice, imposition of an administrative fine, issuance of a reprimand, DOH v. AMY MENNA, LMI-IC Page 6 of 8
placement of the Respondent on probation, corrective action, continuing education and/or any other relief that the Board deems appropriate. SIGNED this day ofrntal 2017. Celeste Phi MD, MPH Surgeon General and Secretary FILED DEPARTMENT OF HEALTH DEPUTY CLERK CLERK Amber Greene 0 9 2017 DATE MAY Ja tta Johnson AsVistant General Counsel DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 Tallahassee, FL 32399-3265 Florida Bar # 0112977 (850) 245-4444, ext. 8186 Jaquetta.Johnson Flhealth.gov PCP: May 3, 2017 PCP Members: Barlow, Cecil-Van Den Huevel, Gray DOH V. AMY MENNA, LMHC Page 7 of 9
NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120369 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. AMY MENNA, LMHC Page 8 of 8