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1 BEFORE THE ARIZONA BOARD
2 OF BEllAVIORAL HEALTH EXAMINERS
3 In the Matter of
4 John Butler LISAC-0793 Licensed Independent Substance Abuse Counselor~ 10 tbe Stflte of Arizona
6
7 Respondent
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CASE NO 2006-0153 CASE NO 2007-0036
CONSENT AGREEMENT
In the interest ofa prompt and speedy settlement ofthe above captioned matter 9
consistent with the public interest statutory requirements and responsibilities of the
l1 Arizona S-ate Board ofBehavioral Health Examiners (Board) and pursuant to ARS
12 sectsect 32-328 1 (H) and 41-109207(F)(5) John Builer eRespondenf) and the Board enter
13 into this Consent Agreemeul Fiudings ofFaet Conclusions ofLaw and Order
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CConsem AgreementH) as a linal disposition of this matter
16 RECITALS
17 Re~pondent understands and agrees that
18 1 Any record prepClred in tlIis matter all investigative materials ptepared or
19 received b)i the Board concerning the allegations and all relnted materials and exhibits
may be ret~incd in the Boards file pertaining to ihis matter
21 2 Respondent has the right to a faunal administrative hearing at which
22 Respondem enn present evidence and cross examine the States witnesses Respondent
23 hereby irrevocably waives his right to such formal hearing concerning these a11egatinns
24 and irrcvoclbly waiveR his right to any rehearing or judicial review relating to the
allegations contained in this COJ1Sent Agreement
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3 Respondent has the right to consult With an atto1l1ey prior to entering into
this Consent Agreement
4 Respondent acknowledges and agrees that upon signing this Consent
Agreement and returning it to the Boards Executiv~ Director Respondent may not
revoke his acceptance ofthi~ Consent Agreement or make any modifications to it Any
modificaticn of this original document is inefte-dive and void unless mutually approved
by the parties in writing
5 The fmdings cJntalnoo in the Findings of Fact portion ofthis Consent
Agreement are conclusive evidence of the facts stated therein and may be used by the
Board for purposes ofdetcrraining sanctions in any future disciplinary matter
6 This Consent Agreement is subject to the Boards approval and will be
effective orly when the Board accepts it 111 the event the Board in its discretion does not
approve thi Consent Agreement~ t1is Consent Agreement is withdraV11 and shall be of
no evidentiary value~ nor shull it be relied upon or introduced in any disciplinary action
by any party hereto except lhat Respondent agrees that should the Board reject this
Consent Agreement and this case proceeds to hearing Respondent shall assert nu claim
that the Board was prejudictd by its revie and discussion of this document or of any
records relating Ihereto
7 Respondent further undemiddotrstands that once the Board approves and signs this
ConsentAgreement~ it shall constitute a public record that may be disseminated as a
formal action ofthe Board
The Board issues the following Fimtings ofFad Conclusions ofT a and Order
FINDINGS OF FACT
1 Respondent is the holder ofLicense No LISAC-0793 forme independent
practice of ubstance ahuse counseling in Ariwna
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I 2 Respondent is the owner president and clinical director ofScollsdale
2 Treatment Institute~ PLC (STl PLC) He is alsQ the owner President and Dire(1or of
3 Scottsdale Treatment me (STlINe) Respondent contends that STI INC is a private
4 professional practice corporation that provides treatment for addiction and related or
concomitEnt psychiatric sCficcs Respondent acknowledges that during the time
6 periods with which this Consent Agreement is concerned the differences in scope of
7 practice and services proVided by these two companies werc not clearly delineated
8 andor properly documented with the rerult that persons transacting business with
9 Scottsdale Treatment Institute could easily have been confused as to which entity they
were actually dealing with The two companies were located in the same office
11 3 1112006 STI PLC was licensed as an outpatient clinic by the Office of
12 Behavioral Health Licensing COBHL) within the Arizona Departmtnt of Health
13 Services CDepartmenC) DVision of Licensing Services In 2006 STI INC was not
14 licensed by OBHL nor dOCB Respondent believe that it was required to be licensed
separate and apart from its licensed professional practitioners
16 4 OBHL-Hcenscd agencies are required to comply with Title 9 Chapter 20
17 ofArizolla Administrative Code (AAC) and must be authorized by OBlfL to
18 provide specific behavioral health services
19 5 OBHL idcntifles the administratioIl adjustment and monitoring of
medication (ltMedication Services) used to treat a clients behavioral health issue as a
21 behltior~ll health service
22 6 OBm-Hccnsld agencies that provide behavioral health services to children
23 are required to comply witb DEHT requirements for ensuring that agency staff members
24 have current fingerprint d~arance for working vith children
7 It is Respondents position that neither STT PTC nor STl INC has ever
26 provided hehavioral health services to clients under age 18 - with the exception oflhe
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I incident and circumstances discussed below It is also Respondents position as noted
2 above that STl INC was not subjef1 to OBHL licensure at the time of thc events and
3 transactions involved in this maller
4 8 STI PLCs 0805 OBHL license valid until 0731106 indicated that STT
PLC was aulhorized to provide the following behavioral h~alth scCices Counseling
6 DUI Screening DUI Education nur Treatment and Court Ordered lvfisdemeanor
7 Domestic Violence Offender Treatment
8 9 In 2006 sn PLC was not authorized by OBHL to provide Medication
9 Services Respondent contends that in 2006 STIINC contracted with Arizona-licensed
physicians who prescribed and administered Suboxone for the treatment ofopioid
11 addiction and dependency Respondent further contends that those physicians were fully
12 qualified and autl1orized~ by Iirtue of their independent licensure to prescribe and
13 administer Suboxone among many othtr prescription medications
14 10 Respondent contends that on 022206 Mike Brubaker a licensed substance
abuse coungtelor practicing in easa Grande Arizrma contacted one ofthose physicjans
16 under contract with sn INC Dr James Barsz~ about a 16~)car old male client (Minor
17 CHent) suffering from heroin addiction Minor Clients parents (Parents) were
] 8 seeking withdrawal trea1ment using Suboxone a partial agonistlopioid drug recognized
19 and approved for use in treating opiate addiction
11 Respolldent contends that Dr Barsz was in Phoenix when first contacted
21 about this situation by Mr Brubaker and for that reason he was not able to immediately
22 provide th Suboxone treatment in Casa Grandc where be also kept an office Because
23 the Parents wanted the treatment to begin right away however Dr Barsz brought the
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matter to Respondents aHention with the idea of having the treatment done at the
26 Scottsdale Treatment Institute3 office in Sconsdale Respondent agreed to this
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1 12 Respondent cantends that he and Dr Darsz then met with Minor Client and
2 Parents OIl short notice and after regular business hours Respondent further contends
3 that both he and Dr Barsz ~lfonned Minor Client and Parents that post-induction
4 counseling and followup was essential for successful Suboxone treatment Respondent
further contends that he speGifica1ly advised Parents that Scottsdale Treatment (by vhich6
7 he meant both PLC and INC) did not treat minors and so could not provide Minor
8 Client with the necessary counseling Respondent further contends that he offered to
9 provide Pllre-nts with intbmmtion about other agencIes and providers providing such
services to minorst but Parents insisted that they had already made arrangements for i 1
Minor Clitmt to be a(bnitt~d 10 a thirtymiddotday program that was licensed to treat minors for 12
drug addiction and recovery Baltgted UP()n those assurances and given the particular 13
14 circumstances of the case) Respondent contends that he pennitted the Suboxone
induction 10 proceed
16 3 At that time on February 221ld Minor Clients mother (Mother) signed no
17 papers other than an intake document on STI PLC letterhead indicating ARIZONA
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STATE LICENSED rACILlTY (Intake Document) The Intake Document 19
c(jntained Dnly the fonowing statement pertaining to consent to treatment~ middot1 authorize
21 the health care providers ofSGottsdale Treatment Institute to provide treatment
22 Parents did not sign any documents indicatjng that they had received the information
23 required for intormed consent according to R9-20-208(E)(2)(b) prior to Minor Clients
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treatment ndth Suboxone
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14 Respondent contends that a week Or So after -the Suboxone induction Dr
13arsz adv~sed him that Miror Client had not been admitted to an in-patient program as
Parents had previously indkatcd would occut and he (Dr Barsz) inquired of
Respondent whether he could help with that situation Respondent at fIrst declined but
when Dr Barsz asked again a few days later he (Respondent) agreed that the best thing
to do was -place Minor CIitmt in one of Scottsdale Treatments counseling programs
while Parents continued their search for a more permanent placement
i5 On 0308106 Minor Client began meeting with Dr Warren Moody ltlnd
with Jeannette Copperstone a licensed psychologist (Psychologist) for follow-up
counseling as a necessary adjlulct to the Suboxone treatment Respondent contends that
both Dr Moody and Psychologist were shen working under contract for STI INC Also
providing ome of the indivkual counseling sessions was Randall Koeppen an Ottawa
University ~tudent intern (Intern) Parents did not sign intormed consent for Minor
Clients participation in these counseling sessions Respondent believed that
Psychologist then had fingerpirint clearance to work with clients under age 18
Respondent did not know whether IIftem had such clearance or was required to
16 On 030906 Minor Client began participating in the Intensive Outpatient
Program (lOP) an 8-week program consisting of3 3-hour group counseling sessions
per week jor a total of24 group counseling sessions Respondent contends that the fee
for the lOP was $2200 equaliIlg to approximately $92 per session
17 Respondent contends that the lOP group participants consisted of young
adult male STI INC clients who ere also receiving Suboxone for the treatment of an
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opiate adClction Minor Client was the only non~aduH fOP client Parents did not sign
informed consent for Minor Clients partic-ipatlon in the lOP prior to Minor Clients
participation in lOP group counseling sessiollS
18 On 032306 after Client had attended at least 4 lOP group counseling
sessions Mother pro ided hand-written note consenting to Minor Client s participation
in the T01) Mothers hand-written note did not document in writing the elements of
informed consent as requind by AAC R4-6-1101(2)
19 Mother and Minor Client indicated that Dr Moody misinformed them that
the rop group would eo~i $10 or $20 per session The Intake Document signed by
Mother on 022206 indicated that the fee for an TOP group session was $75
20 Respondent acknowledged that the fee of$75 per lOP group session
identified on the Tntake Document sig1ed by Mother was outdated and that Scottsdale
Treatment Institute did not have any written jnfumtationru materials indicating that the
fee for -the lOP was amp220(
21 Mother indicated that Parents were not initially informed that the other lOP
group participants would be adults Respondent acknowledged to the Board that neilher
sn PLC nor ST LNC then had Titten infbrmational matcrials describing thc rop but
he indicated that Parents were aware that the other lOP clients ere adults since they
had been informed that Scottsdale Treatment Institute did not have a treatment program
for adolEscenls
22 Initially lOP group counseling sessions were facilitated by Intern Later
Dr Moody became the sole facilitator ofthe lOP group counseling sessions Neither S11
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PLC nor 8TI INC maintained docwnentation demonstrating that Dr Moody met OBHL
2 requjremtnts for providing counseling services Respondent contends that he was not
3 aware that any such dOcuml~ntation was necessary
4 23 Minor Client indicated that he occasionally met -ith Dr Moody Oll a social
basis indlvidually and with other lOP group participants Minor Client indicated that on6
7 Qne occ~ion he and another TOP group participant went to Dr Moodys apartment
8 Respondent claims that he was never made aware ofthese concerns about Dr Moodys
9 inappwpriate behavior and flat he did not learn of such until the time whtn Moodv s relationship with Scottsdale Treatment was terminated
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24 lhere was no documentation in Minor Clients clinical record indicating12
13 that Respondcnt conducted or caused to be conducted a formal assessment ofMinor
14 Clients behavioral health issles or developed a treatment plan for Minor Clients care
25 On 032306 anc 032806 l Mother requested a meeting with Respondent to
16 discuss the lOP and Minor Client 5 treatment On 032906 Mother met with
17 Respondent Mother indicated iliat Respondent treated her disrespectfully during the
18 meeting md caused her to cry Documentation concerning Respondents meeting with 19
Mother stated the foHowing
21 Mother in to see [Respondent] Still insists on not kno~ing what wa~ going on Kept going back to she does not knW w~at ps~c~otherapy 1S or
22 rop is Says she only heard it was a group DISCUSSIOn of d15chargrng [Minor Client] onee ag~lin unless she stops trying to sabotage program
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24 26 Minor Client oominued to attend lOP groups and receive Sllboxone
monitoring until 041806 Minor Client participated in a total of 15 rop hTOUP sessions 26
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
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]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
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program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
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31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
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of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
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c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
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1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
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a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
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bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
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1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
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L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
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address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
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Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
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1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
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employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
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12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
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whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
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contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
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By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
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1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
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Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
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Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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3 Respondent has the right to consult With an atto1l1ey prior to entering into
this Consent Agreement
4 Respondent acknowledges and agrees that upon signing this Consent
Agreement and returning it to the Boards Executiv~ Director Respondent may not
revoke his acceptance ofthi~ Consent Agreement or make any modifications to it Any
modificaticn of this original document is inefte-dive and void unless mutually approved
by the parties in writing
5 The fmdings cJntalnoo in the Findings of Fact portion ofthis Consent
Agreement are conclusive evidence of the facts stated therein and may be used by the
Board for purposes ofdetcrraining sanctions in any future disciplinary matter
6 This Consent Agreement is subject to the Boards approval and will be
effective orly when the Board accepts it 111 the event the Board in its discretion does not
approve thi Consent Agreement~ t1is Consent Agreement is withdraV11 and shall be of
no evidentiary value~ nor shull it be relied upon or introduced in any disciplinary action
by any party hereto except lhat Respondent agrees that should the Board reject this
Consent Agreement and this case proceeds to hearing Respondent shall assert nu claim
that the Board was prejudictd by its revie and discussion of this document or of any
records relating Ihereto
7 Respondent further undemiddotrstands that once the Board approves and signs this
ConsentAgreement~ it shall constitute a public record that may be disseminated as a
formal action ofthe Board
The Board issues the following Fimtings ofFad Conclusions ofT a and Order
FINDINGS OF FACT
1 Respondent is the holder ofLicense No LISAC-0793 forme independent
practice of ubstance ahuse counseling in Ariwna
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I 2 Respondent is the owner president and clinical director ofScollsdale
2 Treatment Institute~ PLC (STl PLC) He is alsQ the owner President and Dire(1or of
3 Scottsdale Treatment me (STlINe) Respondent contends that STI INC is a private
4 professional practice corporation that provides treatment for addiction and related or
concomitEnt psychiatric sCficcs Respondent acknowledges that during the time
6 periods with which this Consent Agreement is concerned the differences in scope of
7 practice and services proVided by these two companies werc not clearly delineated
8 andor properly documented with the rerult that persons transacting business with
9 Scottsdale Treatment Institute could easily have been confused as to which entity they
were actually dealing with The two companies were located in the same office
11 3 1112006 STI PLC was licensed as an outpatient clinic by the Office of
12 Behavioral Health Licensing COBHL) within the Arizona Departmtnt of Health
13 Services CDepartmenC) DVision of Licensing Services In 2006 STI INC was not
14 licensed by OBHL nor dOCB Respondent believe that it was required to be licensed
separate and apart from its licensed professional practitioners
16 4 OBHL-Hcenscd agencies are required to comply with Title 9 Chapter 20
17 ofArizolla Administrative Code (AAC) and must be authorized by OBlfL to
18 provide specific behavioral health services
19 5 OBHL idcntifles the administratioIl adjustment and monitoring of
medication (ltMedication Services) used to treat a clients behavioral health issue as a
21 behltior~ll health service
22 6 OBm-Hccnsld agencies that provide behavioral health services to children
23 are required to comply witb DEHT requirements for ensuring that agency staff members
24 have current fingerprint d~arance for working vith children
7 It is Respondents position that neither STT PTC nor STl INC has ever
26 provided hehavioral health services to clients under age 18 - with the exception oflhe
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I incident and circumstances discussed below It is also Respondents position as noted
2 above that STl INC was not subjef1 to OBHL licensure at the time of thc events and
3 transactions involved in this maller
4 8 STI PLCs 0805 OBHL license valid until 0731106 indicated that STT
PLC was aulhorized to provide the following behavioral h~alth scCices Counseling
6 DUI Screening DUI Education nur Treatment and Court Ordered lvfisdemeanor
7 Domestic Violence Offender Treatment
8 9 In 2006 sn PLC was not authorized by OBHL to provide Medication
9 Services Respondent contends that in 2006 STIINC contracted with Arizona-licensed
physicians who prescribed and administered Suboxone for the treatment ofopioid
11 addiction and dependency Respondent further contends that those physicians were fully
12 qualified and autl1orized~ by Iirtue of their independent licensure to prescribe and
13 administer Suboxone among many othtr prescription medications
14 10 Respondent contends that on 022206 Mike Brubaker a licensed substance
abuse coungtelor practicing in easa Grande Arizrma contacted one ofthose physicjans
16 under contract with sn INC Dr James Barsz~ about a 16~)car old male client (Minor
17 CHent) suffering from heroin addiction Minor Clients parents (Parents) were
] 8 seeking withdrawal trea1ment using Suboxone a partial agonistlopioid drug recognized
19 and approved for use in treating opiate addiction
11 Respolldent contends that Dr Barsz was in Phoenix when first contacted
21 about this situation by Mr Brubaker and for that reason he was not able to immediately
22 provide th Suboxone treatment in Casa Grandc where be also kept an office Because
23 the Parents wanted the treatment to begin right away however Dr Barsz brought the
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matter to Respondents aHention with the idea of having the treatment done at the
26 Scottsdale Treatment Institute3 office in Sconsdale Respondent agreed to this
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1 12 Respondent cantends that he and Dr Darsz then met with Minor Client and
2 Parents OIl short notice and after regular business hours Respondent further contends
3 that both he and Dr Barsz ~lfonned Minor Client and Parents that post-induction
4 counseling and followup was essential for successful Suboxone treatment Respondent
further contends that he speGifica1ly advised Parents that Scottsdale Treatment (by vhich6
7 he meant both PLC and INC) did not treat minors and so could not provide Minor
8 Client with the necessary counseling Respondent further contends that he offered to
9 provide Pllre-nts with intbmmtion about other agencIes and providers providing such
services to minorst but Parents insisted that they had already made arrangements for i 1
Minor Clitmt to be a(bnitt~d 10 a thirtymiddotday program that was licensed to treat minors for 12
drug addiction and recovery Baltgted UP()n those assurances and given the particular 13
14 circumstances of the case) Respondent contends that he pennitted the Suboxone
induction 10 proceed
16 3 At that time on February 221ld Minor Clients mother (Mother) signed no
17 papers other than an intake document on STI PLC letterhead indicating ARIZONA
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STATE LICENSED rACILlTY (Intake Document) The Intake Document 19
c(jntained Dnly the fonowing statement pertaining to consent to treatment~ middot1 authorize
21 the health care providers ofSGottsdale Treatment Institute to provide treatment
22 Parents did not sign any documents indicatjng that they had received the information
23 required for intormed consent according to R9-20-208(E)(2)(b) prior to Minor Clients
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treatment ndth Suboxone
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14 Respondent contends that a week Or So after -the Suboxone induction Dr
13arsz adv~sed him that Miror Client had not been admitted to an in-patient program as
Parents had previously indkatcd would occut and he (Dr Barsz) inquired of
Respondent whether he could help with that situation Respondent at fIrst declined but
when Dr Barsz asked again a few days later he (Respondent) agreed that the best thing
to do was -place Minor CIitmt in one of Scottsdale Treatments counseling programs
while Parents continued their search for a more permanent placement
i5 On 0308106 Minor Client began meeting with Dr Warren Moody ltlnd
with Jeannette Copperstone a licensed psychologist (Psychologist) for follow-up
counseling as a necessary adjlulct to the Suboxone treatment Respondent contends that
both Dr Moody and Psychologist were shen working under contract for STI INC Also
providing ome of the indivkual counseling sessions was Randall Koeppen an Ottawa
University ~tudent intern (Intern) Parents did not sign intormed consent for Minor
Clients participation in these counseling sessions Respondent believed that
Psychologist then had fingerpirint clearance to work with clients under age 18
Respondent did not know whether IIftem had such clearance or was required to
16 On 030906 Minor Client began participating in the Intensive Outpatient
Program (lOP) an 8-week program consisting of3 3-hour group counseling sessions
per week jor a total of24 group counseling sessions Respondent contends that the fee
for the lOP was $2200 equaliIlg to approximately $92 per session
17 Respondent contends that the lOP group participants consisted of young
adult male STI INC clients who ere also receiving Suboxone for the treatment of an
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opiate adClction Minor Client was the only non~aduH fOP client Parents did not sign
informed consent for Minor Clients partic-ipatlon in the lOP prior to Minor Clients
participation in lOP group counseling sessiollS
18 On 032306 after Client had attended at least 4 lOP group counseling
sessions Mother pro ided hand-written note consenting to Minor Client s participation
in the T01) Mothers hand-written note did not document in writing the elements of
informed consent as requind by AAC R4-6-1101(2)
19 Mother and Minor Client indicated that Dr Moody misinformed them that
the rop group would eo~i $10 or $20 per session The Intake Document signed by
Mother on 022206 indicated that the fee for an TOP group session was $75
20 Respondent acknowledged that the fee of$75 per lOP group session
identified on the Tntake Document sig1ed by Mother was outdated and that Scottsdale
Treatment Institute did not have any written jnfumtationru materials indicating that the
fee for -the lOP was amp220(
21 Mother indicated that Parents were not initially informed that the other lOP
group participants would be adults Respondent acknowledged to the Board that neilher
sn PLC nor ST LNC then had Titten infbrmational matcrials describing thc rop but
he indicated that Parents were aware that the other lOP clients ere adults since they
had been informed that Scottsdale Treatment Institute did not have a treatment program
for adolEscenls
22 Initially lOP group counseling sessions were facilitated by Intern Later
Dr Moody became the sole facilitator ofthe lOP group counseling sessions Neither S11
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PLC nor 8TI INC maintained docwnentation demonstrating that Dr Moody met OBHL
2 requjremtnts for providing counseling services Respondent contends that he was not
3 aware that any such dOcuml~ntation was necessary
4 23 Minor Client indicated that he occasionally met -ith Dr Moody Oll a social
basis indlvidually and with other lOP group participants Minor Client indicated that on6
7 Qne occ~ion he and another TOP group participant went to Dr Moodys apartment
8 Respondent claims that he was never made aware ofthese concerns about Dr Moodys
9 inappwpriate behavior and flat he did not learn of such until the time whtn Moodv s relationship with Scottsdale Treatment was terminated
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24 lhere was no documentation in Minor Clients clinical record indicating12
13 that Respondcnt conducted or caused to be conducted a formal assessment ofMinor
14 Clients behavioral health issles or developed a treatment plan for Minor Clients care
25 On 032306 anc 032806 l Mother requested a meeting with Respondent to
16 discuss the lOP and Minor Client 5 treatment On 032906 Mother met with
17 Respondent Mother indicated iliat Respondent treated her disrespectfully during the
18 meeting md caused her to cry Documentation concerning Respondents meeting with 19
Mother stated the foHowing
21 Mother in to see [Respondent] Still insists on not kno~ing what wa~ going on Kept going back to she does not knW w~at ps~c~otherapy 1S or
22 rop is Says she only heard it was a group DISCUSSIOn of d15chargrng [Minor Client] onee ag~lin unless she stops trying to sabotage program
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24 26 Minor Client oominued to attend lOP groups and receive Sllboxone
monitoring until 041806 Minor Client participated in a total of 15 rop hTOUP sessions 26
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
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]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
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program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
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from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
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of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
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c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
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1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
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a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
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bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
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1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
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L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
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address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
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Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
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1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
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employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
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12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
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whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
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contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
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By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
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1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
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Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
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Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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I 2 Respondent is the owner president and clinical director ofScollsdale
2 Treatment Institute~ PLC (STl PLC) He is alsQ the owner President and Dire(1or of
3 Scottsdale Treatment me (STlINe) Respondent contends that STI INC is a private
4 professional practice corporation that provides treatment for addiction and related or
concomitEnt psychiatric sCficcs Respondent acknowledges that during the time
6 periods with which this Consent Agreement is concerned the differences in scope of
7 practice and services proVided by these two companies werc not clearly delineated
8 andor properly documented with the rerult that persons transacting business with
9 Scottsdale Treatment Institute could easily have been confused as to which entity they
were actually dealing with The two companies were located in the same office
11 3 1112006 STI PLC was licensed as an outpatient clinic by the Office of
12 Behavioral Health Licensing COBHL) within the Arizona Departmtnt of Health
13 Services CDepartmenC) DVision of Licensing Services In 2006 STI INC was not
14 licensed by OBHL nor dOCB Respondent believe that it was required to be licensed
separate and apart from its licensed professional practitioners
16 4 OBHL-Hcenscd agencies are required to comply with Title 9 Chapter 20
17 ofArizolla Administrative Code (AAC) and must be authorized by OBlfL to
18 provide specific behavioral health services
19 5 OBHL idcntifles the administratioIl adjustment and monitoring of
medication (ltMedication Services) used to treat a clients behavioral health issue as a
21 behltior~ll health service
22 6 OBm-Hccnsld agencies that provide behavioral health services to children
23 are required to comply witb DEHT requirements for ensuring that agency staff members
24 have current fingerprint d~arance for working vith children
7 It is Respondents position that neither STT PTC nor STl INC has ever
26 provided hehavioral health services to clients under age 18 - with the exception oflhe
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I incident and circumstances discussed below It is also Respondents position as noted
2 above that STl INC was not subjef1 to OBHL licensure at the time of thc events and
3 transactions involved in this maller
4 8 STI PLCs 0805 OBHL license valid until 0731106 indicated that STT
PLC was aulhorized to provide the following behavioral h~alth scCices Counseling
6 DUI Screening DUI Education nur Treatment and Court Ordered lvfisdemeanor
7 Domestic Violence Offender Treatment
8 9 In 2006 sn PLC was not authorized by OBHL to provide Medication
9 Services Respondent contends that in 2006 STIINC contracted with Arizona-licensed
physicians who prescribed and administered Suboxone for the treatment ofopioid
11 addiction and dependency Respondent further contends that those physicians were fully
12 qualified and autl1orized~ by Iirtue of their independent licensure to prescribe and
13 administer Suboxone among many othtr prescription medications
14 10 Respondent contends that on 022206 Mike Brubaker a licensed substance
abuse coungtelor practicing in easa Grande Arizrma contacted one ofthose physicjans
16 under contract with sn INC Dr James Barsz~ about a 16~)car old male client (Minor
17 CHent) suffering from heroin addiction Minor Clients parents (Parents) were
] 8 seeking withdrawal trea1ment using Suboxone a partial agonistlopioid drug recognized
19 and approved for use in treating opiate addiction
11 Respolldent contends that Dr Barsz was in Phoenix when first contacted
21 about this situation by Mr Brubaker and for that reason he was not able to immediately
22 provide th Suboxone treatment in Casa Grandc where be also kept an office Because
23 the Parents wanted the treatment to begin right away however Dr Barsz brought the
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matter to Respondents aHention with the idea of having the treatment done at the
26 Scottsdale Treatment Institute3 office in Sconsdale Respondent agreed to this
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1 12 Respondent cantends that he and Dr Darsz then met with Minor Client and
2 Parents OIl short notice and after regular business hours Respondent further contends
3 that both he and Dr Barsz ~lfonned Minor Client and Parents that post-induction
4 counseling and followup was essential for successful Suboxone treatment Respondent
further contends that he speGifica1ly advised Parents that Scottsdale Treatment (by vhich6
7 he meant both PLC and INC) did not treat minors and so could not provide Minor
8 Client with the necessary counseling Respondent further contends that he offered to
9 provide Pllre-nts with intbmmtion about other agencIes and providers providing such
services to minorst but Parents insisted that they had already made arrangements for i 1
Minor Clitmt to be a(bnitt~d 10 a thirtymiddotday program that was licensed to treat minors for 12
drug addiction and recovery Baltgted UP()n those assurances and given the particular 13
14 circumstances of the case) Respondent contends that he pennitted the Suboxone
induction 10 proceed
16 3 At that time on February 221ld Minor Clients mother (Mother) signed no
17 papers other than an intake document on STI PLC letterhead indicating ARIZONA
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STATE LICENSED rACILlTY (Intake Document) The Intake Document 19
c(jntained Dnly the fonowing statement pertaining to consent to treatment~ middot1 authorize
21 the health care providers ofSGottsdale Treatment Institute to provide treatment
22 Parents did not sign any documents indicatjng that they had received the information
23 required for intormed consent according to R9-20-208(E)(2)(b) prior to Minor Clients
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treatment ndth Suboxone
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14 Respondent contends that a week Or So after -the Suboxone induction Dr
13arsz adv~sed him that Miror Client had not been admitted to an in-patient program as
Parents had previously indkatcd would occut and he (Dr Barsz) inquired of
Respondent whether he could help with that situation Respondent at fIrst declined but
when Dr Barsz asked again a few days later he (Respondent) agreed that the best thing
to do was -place Minor CIitmt in one of Scottsdale Treatments counseling programs
while Parents continued their search for a more permanent placement
i5 On 0308106 Minor Client began meeting with Dr Warren Moody ltlnd
with Jeannette Copperstone a licensed psychologist (Psychologist) for follow-up
counseling as a necessary adjlulct to the Suboxone treatment Respondent contends that
both Dr Moody and Psychologist were shen working under contract for STI INC Also
providing ome of the indivkual counseling sessions was Randall Koeppen an Ottawa
University ~tudent intern (Intern) Parents did not sign intormed consent for Minor
Clients participation in these counseling sessions Respondent believed that
Psychologist then had fingerpirint clearance to work with clients under age 18
Respondent did not know whether IIftem had such clearance or was required to
16 On 030906 Minor Client began participating in the Intensive Outpatient
Program (lOP) an 8-week program consisting of3 3-hour group counseling sessions
per week jor a total of24 group counseling sessions Respondent contends that the fee
for the lOP was $2200 equaliIlg to approximately $92 per session
17 Respondent contends that the lOP group participants consisted of young
adult male STI INC clients who ere also receiving Suboxone for the treatment of an
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opiate adClction Minor Client was the only non~aduH fOP client Parents did not sign
informed consent for Minor Clients partic-ipatlon in the lOP prior to Minor Clients
participation in lOP group counseling sessiollS
18 On 032306 after Client had attended at least 4 lOP group counseling
sessions Mother pro ided hand-written note consenting to Minor Client s participation
in the T01) Mothers hand-written note did not document in writing the elements of
informed consent as requind by AAC R4-6-1101(2)
19 Mother and Minor Client indicated that Dr Moody misinformed them that
the rop group would eo~i $10 or $20 per session The Intake Document signed by
Mother on 022206 indicated that the fee for an TOP group session was $75
20 Respondent acknowledged that the fee of$75 per lOP group session
identified on the Tntake Document sig1ed by Mother was outdated and that Scottsdale
Treatment Institute did not have any written jnfumtationru materials indicating that the
fee for -the lOP was amp220(
21 Mother indicated that Parents were not initially informed that the other lOP
group participants would be adults Respondent acknowledged to the Board that neilher
sn PLC nor ST LNC then had Titten infbrmational matcrials describing thc rop but
he indicated that Parents were aware that the other lOP clients ere adults since they
had been informed that Scottsdale Treatment Institute did not have a treatment program
for adolEscenls
22 Initially lOP group counseling sessions were facilitated by Intern Later
Dr Moody became the sole facilitator ofthe lOP group counseling sessions Neither S11
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PLC nor 8TI INC maintained docwnentation demonstrating that Dr Moody met OBHL
2 requjremtnts for providing counseling services Respondent contends that he was not
3 aware that any such dOcuml~ntation was necessary
4 23 Minor Client indicated that he occasionally met -ith Dr Moody Oll a social
basis indlvidually and with other lOP group participants Minor Client indicated that on6
7 Qne occ~ion he and another TOP group participant went to Dr Moodys apartment
8 Respondent claims that he was never made aware ofthese concerns about Dr Moodys
9 inappwpriate behavior and flat he did not learn of such until the time whtn Moodv s relationship with Scottsdale Treatment was terminated
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24 lhere was no documentation in Minor Clients clinical record indicating12
13 that Respondcnt conducted or caused to be conducted a formal assessment ofMinor
14 Clients behavioral health issles or developed a treatment plan for Minor Clients care
25 On 032306 anc 032806 l Mother requested a meeting with Respondent to
16 discuss the lOP and Minor Client 5 treatment On 032906 Mother met with
17 Respondent Mother indicated iliat Respondent treated her disrespectfully during the
18 meeting md caused her to cry Documentation concerning Respondents meeting with 19
Mother stated the foHowing
21 Mother in to see [Respondent] Still insists on not kno~ing what wa~ going on Kept going back to she does not knW w~at ps~c~otherapy 1S or
22 rop is Says she only heard it was a group DISCUSSIOn of d15chargrng [Minor Client] onee ag~lin unless she stops trying to sabotage program
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24 26 Minor Client oominued to attend lOP groups and receive Sllboxone
monitoring until 041806 Minor Client participated in a total of 15 rop hTOUP sessions 26
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
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]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
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program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
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31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
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of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
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c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
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1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
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a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
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bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
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1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
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L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
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address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
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Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
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1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
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employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
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12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
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whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
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contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
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~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
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By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
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1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
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Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
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Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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I incident and circumstances discussed below It is also Respondents position as noted
2 above that STl INC was not subjef1 to OBHL licensure at the time of thc events and
3 transactions involved in this maller
4 8 STI PLCs 0805 OBHL license valid until 0731106 indicated that STT
PLC was aulhorized to provide the following behavioral h~alth scCices Counseling
6 DUI Screening DUI Education nur Treatment and Court Ordered lvfisdemeanor
7 Domestic Violence Offender Treatment
8 9 In 2006 sn PLC was not authorized by OBHL to provide Medication
9 Services Respondent contends that in 2006 STIINC contracted with Arizona-licensed
physicians who prescribed and administered Suboxone for the treatment ofopioid
11 addiction and dependency Respondent further contends that those physicians were fully
12 qualified and autl1orized~ by Iirtue of their independent licensure to prescribe and
13 administer Suboxone among many othtr prescription medications
14 10 Respondent contends that on 022206 Mike Brubaker a licensed substance
abuse coungtelor practicing in easa Grande Arizrma contacted one ofthose physicjans
16 under contract with sn INC Dr James Barsz~ about a 16~)car old male client (Minor
17 CHent) suffering from heroin addiction Minor Clients parents (Parents) were
] 8 seeking withdrawal trea1ment using Suboxone a partial agonistlopioid drug recognized
19 and approved for use in treating opiate addiction
11 Respolldent contends that Dr Barsz was in Phoenix when first contacted
21 about this situation by Mr Brubaker and for that reason he was not able to immediately
22 provide th Suboxone treatment in Casa Grandc where be also kept an office Because
23 the Parents wanted the treatment to begin right away however Dr Barsz brought the
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matter to Respondents aHention with the idea of having the treatment done at the
26 Scottsdale Treatment Institute3 office in Sconsdale Respondent agreed to this
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1 12 Respondent cantends that he and Dr Darsz then met with Minor Client and
2 Parents OIl short notice and after regular business hours Respondent further contends
3 that both he and Dr Barsz ~lfonned Minor Client and Parents that post-induction
4 counseling and followup was essential for successful Suboxone treatment Respondent
further contends that he speGifica1ly advised Parents that Scottsdale Treatment (by vhich6
7 he meant both PLC and INC) did not treat minors and so could not provide Minor
8 Client with the necessary counseling Respondent further contends that he offered to
9 provide Pllre-nts with intbmmtion about other agencIes and providers providing such
services to minorst but Parents insisted that they had already made arrangements for i 1
Minor Clitmt to be a(bnitt~d 10 a thirtymiddotday program that was licensed to treat minors for 12
drug addiction and recovery Baltgted UP()n those assurances and given the particular 13
14 circumstances of the case) Respondent contends that he pennitted the Suboxone
induction 10 proceed
16 3 At that time on February 221ld Minor Clients mother (Mother) signed no
17 papers other than an intake document on STI PLC letterhead indicating ARIZONA
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STATE LICENSED rACILlTY (Intake Document) The Intake Document 19
c(jntained Dnly the fonowing statement pertaining to consent to treatment~ middot1 authorize
21 the health care providers ofSGottsdale Treatment Institute to provide treatment
22 Parents did not sign any documents indicatjng that they had received the information
23 required for intormed consent according to R9-20-208(E)(2)(b) prior to Minor Clients
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treatment ndth Suboxone
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14 Respondent contends that a week Or So after -the Suboxone induction Dr
13arsz adv~sed him that Miror Client had not been admitted to an in-patient program as
Parents had previously indkatcd would occut and he (Dr Barsz) inquired of
Respondent whether he could help with that situation Respondent at fIrst declined but
when Dr Barsz asked again a few days later he (Respondent) agreed that the best thing
to do was -place Minor CIitmt in one of Scottsdale Treatments counseling programs
while Parents continued their search for a more permanent placement
i5 On 0308106 Minor Client began meeting with Dr Warren Moody ltlnd
with Jeannette Copperstone a licensed psychologist (Psychologist) for follow-up
counseling as a necessary adjlulct to the Suboxone treatment Respondent contends that
both Dr Moody and Psychologist were shen working under contract for STI INC Also
providing ome of the indivkual counseling sessions was Randall Koeppen an Ottawa
University ~tudent intern (Intern) Parents did not sign intormed consent for Minor
Clients participation in these counseling sessions Respondent believed that
Psychologist then had fingerpirint clearance to work with clients under age 18
Respondent did not know whether IIftem had such clearance or was required to
16 On 030906 Minor Client began participating in the Intensive Outpatient
Program (lOP) an 8-week program consisting of3 3-hour group counseling sessions
per week jor a total of24 group counseling sessions Respondent contends that the fee
for the lOP was $2200 equaliIlg to approximately $92 per session
17 Respondent contends that the lOP group participants consisted of young
adult male STI INC clients who ere also receiving Suboxone for the treatment of an
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opiate adClction Minor Client was the only non~aduH fOP client Parents did not sign
informed consent for Minor Clients partic-ipatlon in the lOP prior to Minor Clients
participation in lOP group counseling sessiollS
18 On 032306 after Client had attended at least 4 lOP group counseling
sessions Mother pro ided hand-written note consenting to Minor Client s participation
in the T01) Mothers hand-written note did not document in writing the elements of
informed consent as requind by AAC R4-6-1101(2)
19 Mother and Minor Client indicated that Dr Moody misinformed them that
the rop group would eo~i $10 or $20 per session The Intake Document signed by
Mother on 022206 indicated that the fee for an TOP group session was $75
20 Respondent acknowledged that the fee of$75 per lOP group session
identified on the Tntake Document sig1ed by Mother was outdated and that Scottsdale
Treatment Institute did not have any written jnfumtationru materials indicating that the
fee for -the lOP was amp220(
21 Mother indicated that Parents were not initially informed that the other lOP
group participants would be adults Respondent acknowledged to the Board that neilher
sn PLC nor ST LNC then had Titten infbrmational matcrials describing thc rop but
he indicated that Parents were aware that the other lOP clients ere adults since they
had been informed that Scottsdale Treatment Institute did not have a treatment program
for adolEscenls
22 Initially lOP group counseling sessions were facilitated by Intern Later
Dr Moody became the sole facilitator ofthe lOP group counseling sessions Neither S11
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PLC nor 8TI INC maintained docwnentation demonstrating that Dr Moody met OBHL
2 requjremtnts for providing counseling services Respondent contends that he was not
3 aware that any such dOcuml~ntation was necessary
4 23 Minor Client indicated that he occasionally met -ith Dr Moody Oll a social
basis indlvidually and with other lOP group participants Minor Client indicated that on6
7 Qne occ~ion he and another TOP group participant went to Dr Moodys apartment
8 Respondent claims that he was never made aware ofthese concerns about Dr Moodys
9 inappwpriate behavior and flat he did not learn of such until the time whtn Moodv s relationship with Scottsdale Treatment was terminated
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24 lhere was no documentation in Minor Clients clinical record indicating12
13 that Respondcnt conducted or caused to be conducted a formal assessment ofMinor
14 Clients behavioral health issles or developed a treatment plan for Minor Clients care
25 On 032306 anc 032806 l Mother requested a meeting with Respondent to
16 discuss the lOP and Minor Client 5 treatment On 032906 Mother met with
17 Respondent Mother indicated iliat Respondent treated her disrespectfully during the
18 meeting md caused her to cry Documentation concerning Respondents meeting with 19
Mother stated the foHowing
21 Mother in to see [Respondent] Still insists on not kno~ing what wa~ going on Kept going back to she does not knW w~at ps~c~otherapy 1S or
22 rop is Says she only heard it was a group DISCUSSIOn of d15chargrng [Minor Client] onee ag~lin unless she stops trying to sabotage program
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24 26 Minor Client oominued to attend lOP groups and receive Sllboxone
monitoring until 041806 Minor Client participated in a total of 15 rop hTOUP sessions 26
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
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]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
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program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
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31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
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of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
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c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
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1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
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a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
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bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
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1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
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L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
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address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
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Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
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1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
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employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
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12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
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whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
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contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
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By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
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1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
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Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
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Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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1 12 Respondent cantends that he and Dr Darsz then met with Minor Client and
2 Parents OIl short notice and after regular business hours Respondent further contends
3 that both he and Dr Barsz ~lfonned Minor Client and Parents that post-induction
4 counseling and followup was essential for successful Suboxone treatment Respondent
further contends that he speGifica1ly advised Parents that Scottsdale Treatment (by vhich6
7 he meant both PLC and INC) did not treat minors and so could not provide Minor
8 Client with the necessary counseling Respondent further contends that he offered to
9 provide Pllre-nts with intbmmtion about other agencIes and providers providing such
services to minorst but Parents insisted that they had already made arrangements for i 1
Minor Clitmt to be a(bnitt~d 10 a thirtymiddotday program that was licensed to treat minors for 12
drug addiction and recovery Baltgted UP()n those assurances and given the particular 13
14 circumstances of the case) Respondent contends that he pennitted the Suboxone
induction 10 proceed
16 3 At that time on February 221ld Minor Clients mother (Mother) signed no
17 papers other than an intake document on STI PLC letterhead indicating ARIZONA
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STATE LICENSED rACILlTY (Intake Document) The Intake Document 19
c(jntained Dnly the fonowing statement pertaining to consent to treatment~ middot1 authorize
21 the health care providers ofSGottsdale Treatment Institute to provide treatment
22 Parents did not sign any documents indicatjng that they had received the information
23 required for intormed consent according to R9-20-208(E)(2)(b) prior to Minor Clients
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treatment ndth Suboxone
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14 Respondent contends that a week Or So after -the Suboxone induction Dr
13arsz adv~sed him that Miror Client had not been admitted to an in-patient program as
Parents had previously indkatcd would occut and he (Dr Barsz) inquired of
Respondent whether he could help with that situation Respondent at fIrst declined but
when Dr Barsz asked again a few days later he (Respondent) agreed that the best thing
to do was -place Minor CIitmt in one of Scottsdale Treatments counseling programs
while Parents continued their search for a more permanent placement
i5 On 0308106 Minor Client began meeting with Dr Warren Moody ltlnd
with Jeannette Copperstone a licensed psychologist (Psychologist) for follow-up
counseling as a necessary adjlulct to the Suboxone treatment Respondent contends that
both Dr Moody and Psychologist were shen working under contract for STI INC Also
providing ome of the indivkual counseling sessions was Randall Koeppen an Ottawa
University ~tudent intern (Intern) Parents did not sign intormed consent for Minor
Clients participation in these counseling sessions Respondent believed that
Psychologist then had fingerpirint clearance to work with clients under age 18
Respondent did not know whether IIftem had such clearance or was required to
16 On 030906 Minor Client began participating in the Intensive Outpatient
Program (lOP) an 8-week program consisting of3 3-hour group counseling sessions
per week jor a total of24 group counseling sessions Respondent contends that the fee
for the lOP was $2200 equaliIlg to approximately $92 per session
17 Respondent contends that the lOP group participants consisted of young
adult male STI INC clients who ere also receiving Suboxone for the treatment of an
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opiate adClction Minor Client was the only non~aduH fOP client Parents did not sign
informed consent for Minor Clients partic-ipatlon in the lOP prior to Minor Clients
participation in lOP group counseling sessiollS
18 On 032306 after Client had attended at least 4 lOP group counseling
sessions Mother pro ided hand-written note consenting to Minor Client s participation
in the T01) Mothers hand-written note did not document in writing the elements of
informed consent as requind by AAC R4-6-1101(2)
19 Mother and Minor Client indicated that Dr Moody misinformed them that
the rop group would eo~i $10 or $20 per session The Intake Document signed by
Mother on 022206 indicated that the fee for an TOP group session was $75
20 Respondent acknowledged that the fee of$75 per lOP group session
identified on the Tntake Document sig1ed by Mother was outdated and that Scottsdale
Treatment Institute did not have any written jnfumtationru materials indicating that the
fee for -the lOP was amp220(
21 Mother indicated that Parents were not initially informed that the other lOP
group participants would be adults Respondent acknowledged to the Board that neilher
sn PLC nor ST LNC then had Titten infbrmational matcrials describing thc rop but
he indicated that Parents were aware that the other lOP clients ere adults since they
had been informed that Scottsdale Treatment Institute did not have a treatment program
for adolEscenls
22 Initially lOP group counseling sessions were facilitated by Intern Later
Dr Moody became the sole facilitator ofthe lOP group counseling sessions Neither S11
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PLC nor 8TI INC maintained docwnentation demonstrating that Dr Moody met OBHL
2 requjremtnts for providing counseling services Respondent contends that he was not
3 aware that any such dOcuml~ntation was necessary
4 23 Minor Client indicated that he occasionally met -ith Dr Moody Oll a social
basis indlvidually and with other lOP group participants Minor Client indicated that on6
7 Qne occ~ion he and another TOP group participant went to Dr Moodys apartment
8 Respondent claims that he was never made aware ofthese concerns about Dr Moodys
9 inappwpriate behavior and flat he did not learn of such until the time whtn Moodv s relationship with Scottsdale Treatment was terminated
11
24 lhere was no documentation in Minor Clients clinical record indicating12
13 that Respondcnt conducted or caused to be conducted a formal assessment ofMinor
14 Clients behavioral health issles or developed a treatment plan for Minor Clients care
25 On 032306 anc 032806 l Mother requested a meeting with Respondent to
16 discuss the lOP and Minor Client 5 treatment On 032906 Mother met with
17 Respondent Mother indicated iliat Respondent treated her disrespectfully during the
18 meeting md caused her to cry Documentation concerning Respondents meeting with 19
Mother stated the foHowing
21 Mother in to see [Respondent] Still insists on not kno~ing what wa~ going on Kept going back to she does not knW w~at ps~c~otherapy 1S or
22 rop is Says she only heard it was a group DISCUSSIOn of d15chargrng [Minor Client] onee ag~lin unless she stops trying to sabotage program
23
24 26 Minor Client oominued to attend lOP groups and receive Sllboxone
monitoring until 041806 Minor Client participated in a total of 15 rop hTOUP sessions 26
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
18
]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
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program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
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31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
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of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
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c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
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1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
7
a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
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bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
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1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
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L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
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address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
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Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
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whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
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contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
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By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
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1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
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Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
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Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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14 Respondent contends that a week Or So after -the Suboxone induction Dr
13arsz adv~sed him that Miror Client had not been admitted to an in-patient program as
Parents had previously indkatcd would occut and he (Dr Barsz) inquired of
Respondent whether he could help with that situation Respondent at fIrst declined but
when Dr Barsz asked again a few days later he (Respondent) agreed that the best thing
to do was -place Minor CIitmt in one of Scottsdale Treatments counseling programs
while Parents continued their search for a more permanent placement
i5 On 0308106 Minor Client began meeting with Dr Warren Moody ltlnd
with Jeannette Copperstone a licensed psychologist (Psychologist) for follow-up
counseling as a necessary adjlulct to the Suboxone treatment Respondent contends that
both Dr Moody and Psychologist were shen working under contract for STI INC Also
providing ome of the indivkual counseling sessions was Randall Koeppen an Ottawa
University ~tudent intern (Intern) Parents did not sign intormed consent for Minor
Clients participation in these counseling sessions Respondent believed that
Psychologist then had fingerpirint clearance to work with clients under age 18
Respondent did not know whether IIftem had such clearance or was required to
16 On 030906 Minor Client began participating in the Intensive Outpatient
Program (lOP) an 8-week program consisting of3 3-hour group counseling sessions
per week jor a total of24 group counseling sessions Respondent contends that the fee
for the lOP was $2200 equaliIlg to approximately $92 per session
17 Respondent contends that the lOP group participants consisted of young
adult male STI INC clients who ere also receiving Suboxone for the treatment of an
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opiate adClction Minor Client was the only non~aduH fOP client Parents did not sign
informed consent for Minor Clients partic-ipatlon in the lOP prior to Minor Clients
participation in lOP group counseling sessiollS
18 On 032306 after Client had attended at least 4 lOP group counseling
sessions Mother pro ided hand-written note consenting to Minor Client s participation
in the T01) Mothers hand-written note did not document in writing the elements of
informed consent as requind by AAC R4-6-1101(2)
19 Mother and Minor Client indicated that Dr Moody misinformed them that
the rop group would eo~i $10 or $20 per session The Intake Document signed by
Mother on 022206 indicated that the fee for an TOP group session was $75
20 Respondent acknowledged that the fee of$75 per lOP group session
identified on the Tntake Document sig1ed by Mother was outdated and that Scottsdale
Treatment Institute did not have any written jnfumtationru materials indicating that the
fee for -the lOP was amp220(
21 Mother indicated that Parents were not initially informed that the other lOP
group participants would be adults Respondent acknowledged to the Board that neilher
sn PLC nor ST LNC then had Titten infbrmational matcrials describing thc rop but
he indicated that Parents were aware that the other lOP clients ere adults since they
had been informed that Scottsdale Treatment Institute did not have a treatment program
for adolEscenls
22 Initially lOP group counseling sessions were facilitated by Intern Later
Dr Moody became the sole facilitator ofthe lOP group counseling sessions Neither S11
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PLC nor 8TI INC maintained docwnentation demonstrating that Dr Moody met OBHL
2 requjremtnts for providing counseling services Respondent contends that he was not
3 aware that any such dOcuml~ntation was necessary
4 23 Minor Client indicated that he occasionally met -ith Dr Moody Oll a social
basis indlvidually and with other lOP group participants Minor Client indicated that on6
7 Qne occ~ion he and another TOP group participant went to Dr Moodys apartment
8 Respondent claims that he was never made aware ofthese concerns about Dr Moodys
9 inappwpriate behavior and flat he did not learn of such until the time whtn Moodv s relationship with Scottsdale Treatment was terminated
11
24 lhere was no documentation in Minor Clients clinical record indicating12
13 that Respondcnt conducted or caused to be conducted a formal assessment ofMinor
14 Clients behavioral health issles or developed a treatment plan for Minor Clients care
25 On 032306 anc 032806 l Mother requested a meeting with Respondent to
16 discuss the lOP and Minor Client 5 treatment On 032906 Mother met with
17 Respondent Mother indicated iliat Respondent treated her disrespectfully during the
18 meeting md caused her to cry Documentation concerning Respondents meeting with 19
Mother stated the foHowing
21 Mother in to see [Respondent] Still insists on not kno~ing what wa~ going on Kept going back to she does not knW w~at ps~c~otherapy 1S or
22 rop is Says she only heard it was a group DISCUSSIOn of d15chargrng [Minor Client] onee ag~lin unless she stops trying to sabotage program
23
24 26 Minor Client oominued to attend lOP groups and receive Sllboxone
monitoring until 041806 Minor Client participated in a total of 15 rop hTOUP sessions 26
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
18
]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
23
program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
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31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
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of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
18
c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
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1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
7
a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
13
bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
12
1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
23
L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
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address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
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contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
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1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
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Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
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Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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opiate adClction Minor Client was the only non~aduH fOP client Parents did not sign
informed consent for Minor Clients partic-ipatlon in the lOP prior to Minor Clients
participation in lOP group counseling sessiollS
18 On 032306 after Client had attended at least 4 lOP group counseling
sessions Mother pro ided hand-written note consenting to Minor Client s participation
in the T01) Mothers hand-written note did not document in writing the elements of
informed consent as requind by AAC R4-6-1101(2)
19 Mother and Minor Client indicated that Dr Moody misinformed them that
the rop group would eo~i $10 or $20 per session The Intake Document signed by
Mother on 022206 indicated that the fee for an TOP group session was $75
20 Respondent acknowledged that the fee of$75 per lOP group session
identified on the Tntake Document sig1ed by Mother was outdated and that Scottsdale
Treatment Institute did not have any written jnfumtationru materials indicating that the
fee for -the lOP was amp220(
21 Mother indicated that Parents were not initially informed that the other lOP
group participants would be adults Respondent acknowledged to the Board that neilher
sn PLC nor ST LNC then had Titten infbrmational matcrials describing thc rop but
he indicated that Parents were aware that the other lOP clients ere adults since they
had been informed that Scottsdale Treatment Institute did not have a treatment program
for adolEscenls
22 Initially lOP group counseling sessions were facilitated by Intern Later
Dr Moody became the sole facilitator ofthe lOP group counseling sessions Neither S11
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PLC nor 8TI INC maintained docwnentation demonstrating that Dr Moody met OBHL
2 requjremtnts for providing counseling services Respondent contends that he was not
3 aware that any such dOcuml~ntation was necessary
4 23 Minor Client indicated that he occasionally met -ith Dr Moody Oll a social
basis indlvidually and with other lOP group participants Minor Client indicated that on6
7 Qne occ~ion he and another TOP group participant went to Dr Moodys apartment
8 Respondent claims that he was never made aware ofthese concerns about Dr Moodys
9 inappwpriate behavior and flat he did not learn of such until the time whtn Moodv s relationship with Scottsdale Treatment was terminated
11
24 lhere was no documentation in Minor Clients clinical record indicating12
13 that Respondcnt conducted or caused to be conducted a formal assessment ofMinor
14 Clients behavioral health issles or developed a treatment plan for Minor Clients care
25 On 032306 anc 032806 l Mother requested a meeting with Respondent to
16 discuss the lOP and Minor Client 5 treatment On 032906 Mother met with
17 Respondent Mother indicated iliat Respondent treated her disrespectfully during the
18 meeting md caused her to cry Documentation concerning Respondents meeting with 19
Mother stated the foHowing
21 Mother in to see [Respondent] Still insists on not kno~ing what wa~ going on Kept going back to she does not knW w~at ps~c~otherapy 1S or
22 rop is Says she only heard it was a group DISCUSSIOn of d15chargrng [Minor Client] onee ag~lin unless she stops trying to sabotage program
23
24 26 Minor Client oominued to attend lOP groups and receive Sllboxone
monitoring until 041806 Minor Client participated in a total of 15 rop hTOUP sessions 26
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
18
]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
23
program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
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31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
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20
25
of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
18
c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
23
24
26
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1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
7
a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
13
bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
12
1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
23
L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
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address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
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contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
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1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
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Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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PLC nor 8TI INC maintained docwnentation demonstrating that Dr Moody met OBHL
2 requjremtnts for providing counseling services Respondent contends that he was not
3 aware that any such dOcuml~ntation was necessary
4 23 Minor Client indicated that he occasionally met -ith Dr Moody Oll a social
basis indlvidually and with other lOP group participants Minor Client indicated that on6
7 Qne occ~ion he and another TOP group participant went to Dr Moodys apartment
8 Respondent claims that he was never made aware ofthese concerns about Dr Moodys
9 inappwpriate behavior and flat he did not learn of such until the time whtn Moodv s relationship with Scottsdale Treatment was terminated
11
24 lhere was no documentation in Minor Clients clinical record indicating12
13 that Respondcnt conducted or caused to be conducted a formal assessment ofMinor
14 Clients behavioral health issles or developed a treatment plan for Minor Clients care
25 On 032306 anc 032806 l Mother requested a meeting with Respondent to
16 discuss the lOP and Minor Client 5 treatment On 032906 Mother met with
17 Respondent Mother indicated iliat Respondent treated her disrespectfully during the
18 meeting md caused her to cry Documentation concerning Respondents meeting with 19
Mother stated the foHowing
21 Mother in to see [Respondent] Still insists on not kno~ing what wa~ going on Kept going back to she does not knW w~at ps~c~otherapy 1S or
22 rop is Says she only heard it was a group DISCUSSIOn of d15chargrng [Minor Client] onee ag~lin unless she stops trying to sabotage program
23
24 26 Minor Client oominued to attend lOP groups and receive Sllboxone
monitoring until 041806 Minor Client participated in a total of 15 rop hTOUP sessions 26
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
18
]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
23
program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
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31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
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of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
18
c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
23
24
26
11
1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
7
a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
13
bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
12
1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
23
L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
15
5
10
15
20
25
address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
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25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
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1 At $75 pemiddotr session the total cost ofthe sessions was $1)25 Mother claims to have paid
2 a total of Sl468 for Minor Clients participation in the rop 3
27 RespondeJ1t b=lieves that $1468 is the correct amount ofpayments 4
received from Mother And hile Respondent recognizes that there was
miscomnunication with re~pecl to fees charged he disputes any suggestion that Minor6
7 CHenl was overcharged for total services rendered
8 28 011 042106 and 050206 Mother emailed Respondent She requested a
9 copy ofMinorClicnts tre~ltment records and other infonnation
29 Mother subsequently received a letter (0506 Letter) from Respondent 11
indicating~ in part that the information Mother had requested was being processed~12
13 The 0506 Letter also indicated that papers were included which demonstrated that
14 Mother hld approved f Minor Clients treatment and had been aware ofthe lOP fee
Mother indicated that she ficeivcd no papers with Responrlenfs letter
16 30 On 061206 Mother em ailed Respondent again indicating that she had not
17 yet received a copy ofMiuot Clients records as requested and that no papers had been
18
]9 included with Respondentl 05106 Letter Mother again requested a copy ofMinor
Clients clinical records all 0711206 Mother sent Respondent a certified leller which
2] again requested a copy ofJlfinor Clients clinical records Mother also requested a
22 refund of the $1468 she had paid towards Minor Clients participation in the rop
23
program Ihis request was made after Minor Client had participated in more than a24
d07en lOP sessions
26
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26
31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
10
5
10
15
20
25
of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
18
c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
23
24
26
11
1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
7
a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
13
bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
12
1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
23
L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
13
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ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
14
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2
3
4
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6
7
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Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
15
5
10
15
20
25
address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
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25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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31 Mother claims that she never received a response to her 071206 letter
from Respondent~ never relltlved copies of Minor Clients clinkal record~ and never
recelved a refund from S11
32+ Minor Clients clinical record did not contain documentation of
Respnndenfs receipt ofMotbers requests for Minor Clients clinical records or orms
response to these requests
33 Respondent indicated that Scottsdale Treatment has a no refund poHcy
Minor Clit~ntmiddots clinical record did not contain any paperwork explaining the no refund
policy or indicating that Parents were informed of hat policy
34 During his 1008 investigative interview Respondent acknowledged that he
had contracted with an allopathic physician whose medical license had been revoked due
to addiction issues C~Rcvok(~d Physician) to work in II po~dtion that did not require a
medical lkense RespondeIl lbull acknowledged that he had previously conducted a
professional evaluation ofRevoked Physicians uddiction issues but represented that
this evaluation had occurred 14 years previously while Respondent worked at an agency
called ScoUsdale Psychiatric Services
35 A 1006 Arizona Medical Board (~AMB) Order indicated that
Respondent ofthe Scmiddotottsdale Treatment Institute had provided AMB with a0711805
letter regarding his chemical dependency evaluation ofRevoked Physician and that
Respondent prOVided a professional opinion regarding Revoked Physicians Ritalin use
36 Respondent contends that all of the responses he gave to the Boards
representative at this investigative interview were true accurare and complete to the best
10
5
10
15
20
25
of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
18
c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
23
24
26
11
1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
7
a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
13
bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
12
1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
23
L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
13
1
2
3
4
5
6
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8
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26
ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
14
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2
3
4
5
6
7
8
9
10
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26
Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
15
5
10
15
20
25
address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
16
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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21
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26
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of his knowledge recollection and belief at Ihe time And he fUrther contends that none
2 ofhis responses were knowingly false or made with a purpose to deceive or evade
3 CONeLUSIONS OF LAW
4 L The Board has jurisdiction over Respondent pursuant to ARS sect 32-3251
ct seq and the rules promulgated by the Board relating to Respondents professional6
pntctice w) a licensed behavioral health professional7
8 2 The conduct ald circumstances described TIl the Findings of Fact constitute
9 a violation ofARS sect 32-3251(12)(ii) vioiating any federal or Stak law applicable to
the practke of behavioral health as it relates to the following
II a AAC R9-20-208(C)(2)(a) which requires an OBHL-liccnsed
12 agency to ensure thd an individual admitted to the agency does not require al3
14 behavioral health or medical service that the agency is not authorized to provide
b AAC R9-20-208(E)(2)(a) which requires an OBHIAiccnscd
16 agcncy to ensure that infonned consent to treatment is obtained before a client
17 receives a specific treatment
18
c AAC R9-20208(E)(2)(c)(ii)~ which requites an OBHlAicenscdi9
agency to ensure that infonned c-onsent is documented to include lhe signature of
21 the- client or lhe clientls parent guardicm custodian or agent acknowledging
22 receipt ofthe folloViing information as specified in R9-20-208(E)(2)(b)
23
24
26
11
1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
7
a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
13
bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
12
1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
23
L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
13
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26
ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
14
1
2
3
4
5
6
7
8
9
10
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26
Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
15
5
10
15
20
25
address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
16
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6
7
8
9
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26
Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
22
23
24
26
20
1 bull The specific treatmenl being proposed The inttnded outcomet nature and procedures of the
2 proposed treatment bull Any risks and side dfects ofthe proposed treatment
3 including any risks of not proceeding wirh the proposed treatment
4 bull The alternatives to the ~roposed treatment That infOrmed consent IS voluntary and may be withheld or
5 withdraiIon at any time
6 3 The conduct and circums1an(es described in the Findings of Fact constitute
7
a violation ofARS sect 32-3251 (12)(P) failing (0 conform to minimum prru1ice8
standards as it relates to the foUowing 9
10 a AAC R4-6-11 0 I (2) vhich requires a Board Iicensce to document
11 in ~rriting for each cLent served the following clements of informed consent for
12 treatment before trea1ing a dien
13
bull Purpose oftreatment14 bull General procedures to be used in treatmelll induding
benefits Hmitations and potential risks15 bull A clients right to have client records and all infol1l1ation
regarding the client kept confidential and an explanation of16 the limitations on confidentiality
bull Notifie5ion ofthe licensees supervision or involvement17 with a tr~atment team ofprofessionals
bull Methods tor a client to obtain information about the clients 18 records
bull The cUcnts right to participate in treatment decisions and in 19 the development and periodic review and revision of the
clients treatment pltm 20 bull A cli~nts rj~ht to refuse any recommended treatment or to
vithdraw inlormed consent to treatment and to be advised of21 the consequences ofsuch refusal or lNithdrawal
bull The clients right to be [ntormed of all fees that the client is 22 required to pay and the licensees refund and collection
policies and procedures23
b AAC R4-6-1101(3)~ -hich requires a Board licensee to obtain a 24
25 dated and signed informed consent to treatment from a client or 8 clients legal
26 representative before providing treatmenl t) a client
12
1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
23
L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
15
5
10
15
20
25
address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
22
23
24
26
20
1 c AAC R4-6-1103(B)(6) which requires a Board licensee to ensure
2 that a clienL record contains documentation of requests for clients records and of
3 the resoJution ofthosmiddot~ requests
4 d AAC R4-6-1101(2)(h) which requires a Board ticenset to
5 do(ument in writing for each client served a clients right to be infonned of all6
7 fees that the client is required to pay and the 1icensee~s refund policies and
8 procedures
9 4 The conduct and circumstances described in the Findings of fact constitute
10 a violation of ARS sect 32-3251(12)(kk) failing to make client records in the licensee~s
11 possession promptly available to a minor clients parents on receipt of proper12
13 authorimtion
14 5 The conduct and circumstances described in the Findings ofFact constitute
J5 a violation of ARS sect 32-3251(12)(k) any conduct or practice that is contrary to
16 recognized standards ofetllics in the behavioral health profession as it relates to the
17 National Associatlm ofAlcoholism and Drug Abuse COllnselors Principle 2 Client18
19 Welfare Principle 3 CHent Relationship and Principie 8 Preventing Hann 1
20 ORDER
21 Bast~d upon the foregoing Findings ofaCl and Conclusions ofLaV the parties
22 agree to the provisions and penalties imposed as follows
23
L RespondenCslicensc LISAC-0793~ vill be placed 011 probation fat a24
25 period of 24 months effective from the date of entry as signed beJow
26 t The Principles cited were ill effect at the Lime the conduct occurred
13
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21
22
23
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26
ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
14
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2
3
4
5
6
7
8
9
10
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13
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15
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26
Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
15
5
10
15
20
25
address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
16
1
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5
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7
8
9
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13
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15
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24
25
26
Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
22
23
24
26
20
1
2
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22
23
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26
ContinIing Education
2 In additiOll to tre continuing education requirements ofARS sect 32-3273
within 12 months of the eITel~tive date of this Consent Agreement Respondent shall take
a 6-clock hour seminar in cJinica supervision and a 3-elock hour seminar in each of the
folloing areas ethics and clinical recorltikeeping Eacmiddoth required seminar shall be preshy
approved by the Substance Abuse Counseling Connninee Chair Upon completion
Respondent shall submit a clmificate of completion ofthe rcquired serninruS
Audit
3 While on probltion~ Respondent shall submit to a representative audit of
the client files for STl PLC and STI [NC by u pre-approved auditor Within 30 days of
this Consent Agreement Respondent shall submit the name of an auditor for preshy
approval by the Substance Abuse Counseling Committee Chair or designee Also within
30 days of the date ofthis Consent Agreement the proposed audilor shall submit a letter
disclosing hislher prior relationship to Respondent In that letter the auditor shall
address why heshe should be approvcd~ acknowledge that heshe has reviewed the
Consent Agreement and include hisher proposed audit plan The audit shall be
completed within 60 days of being approved Within this 60 day timefram~ the auditor
shall provide a report ofhislher liudings and a remediation plan addressing any
deficiencil~s found during the audit to the Substance Abuse Cuunseling Committee Chair
or designee fur review and pprovaL Respondent agrees to abide by the remediation
plan appmved by the Substance Abuse Counseling Comminee Chair or d~signee The
auditor sballsubmit a fmal summary report for review and approval by the Substance
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
15
5
10
15
20
25
address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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20
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23
24
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26
Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
22
23
24
26
20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Abuse CGWl~eUng Committlie Chair or designee The final summary report submiHed by
the audilemiddotr shall address Re~pondents compli1mce with the remediation plan
Respondent will not be eligible for release from probation until the remediation plan has
been fully comp1ied with
Practice Monitor
4 While on probatiun Respondent shall establish and maintain a relationship
with Ii pnLCtice monitor who is a masters or higher level behavioral health professional
licensed at the independent level The practice monitor shall provide training and
assistanelt to Respondent ~w it relates to any behavioral health services S11 PLC and Sl1
TNC provides regarding setting up appropriate fonns and formats for clinical records
implementing curJcnt behavioral health standards ofpractice related to behaViorl health
assessmelt and treatment planning providing treatment consistent with the documented
treatment plan and docUmenting the treatment provided in accordance with current
behavioral health standard Respondent and the practice monitor shaH review the
clinlcal dl)Cumentation pn)duced for each active client Relpmdent sees and also
documentation of his clinical supenision activities including the underlying clinical
records f()f those dients at least once per month The practice monitor shall also be
rcsponsibJe for ensuring that Respondent complies vith the remediation plan approved
by the Substance Abuse Counseling Conunittee Chair or designee In addition in the
event any defIciencies are noted by the practice monjtor with respect to Re~pondents
clinical slJpervision of other professionals behavioral heal1h technicians or parashy
professionals affiliated wLth either STI PLC or STI INC Respondent -ill immediately
15
5
10
15
20
25
address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
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23
24
26
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address and correct those deficiencies and will not provide cHnica1 supervision untH
2 further intructed by the Practice Monitor Respondent shall meet with the Practice
3 Monitor a minimum oftwic( a month for the first L2 months of probation and monthly
4 for the s~ond 12 months of probation
S Within 30 days ofthe effective date of this Consent Agreement 6
7 Respondent shall submit the name ora praliice monitor for pre-approval by the
8 Substrmc~~ Abuse Counseling Committee Chair Or designee Also within 30 days ofthe
9 effective date ofthis Consent Agreement the proposed practice monitor shall submit a
letter disclosing hislher prior relationship to Respondent In that letter the practice 11
monitor shall address why heshe should be approved acknowledge that heshe has12
13 reviewed the Consent Agreement and incJude the result ofan initial assessment and a
14 monitoring plan rcgardingthe proposed ptactice monitoring ofRespondent
Monitoring Quarterly Reports 16
6 Once approvtd the practice monitor shall submit quarterly reports for 17
reviewand approval by the Substance Abuse Counseling Committee Chair or designee18
19 The quarterly reports shall include issues presented in this Consent Agreement 4ltat need
to be reporled and the praticc monitor shan notifY the Board if more frequent
21 monitoring is needed Tht~ practice monitor shall submjt a final summary report for
22 review and approval by the Substance Abuse Counseling Conunittee Chair or designee
23
Thc final summary report submitted by the practice monitoT shall address Respondenfs 24
competency to engage in independent practice in accordance ith current standard~ nf
26 practice
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
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Change olrPracnce Monitor During Probation
1 If during the period ofRespondenfs probation the practice monitor
determinfS that heshe cannot continue as the pral1ice monitor heshe shall notifY the
Board wilhin 10 days ofthe (md of monitoring and provide the Board with an interim
tinal report Respondent shall advise the Substancmiddote Abuse Counseling Committee Chair
or desigm~e within 30 days of cessation ofmonitoring by the approved practilte monitor
ofthe name ofa new proposed practice monitor The proposed practice monitor shall
provide the same documentation to the Board as was required of the initial practice
monitor
Early Release
8 After 12 months and upon the practice monitors rec01runendation
Respondent may request early release from the Consent Agreement if all other tenns of
the Con51~nt Agreement have been met
General Provisions
9 If during the period of Respondents probation Respondent becomes
employed by or contracted ilh another entity in any capacity related 10 the provision M
behavioral health services Respondent shall immediately intorm the Board ofthe new
emploYILent Within 10 days ofthe etrective date ofthe employment Respondent shall
provide the Substance Abuse Counseling Committee Chair or designee with a signed
statement from Respondents employer continuing Respondent provided the employer
17
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
22
23
24
26
20
1 with a copy ofthis Consent Agreement IfRespolldent does not provide the employers
2 statemen1 to the Board within 10 days of the effective date the Board will prOidc
3 Respondeuronts employer with a copy ()fthe Consent Agreement
4 10 I t~ during the period of Respondents probation Respondent changes
5
employment Respondent shall immediately inform the Board of the new employment6
7 and shall within 10 days of starting each new employment provide lhe Substance Abuse
8 Counseling Committee Chair or designee with a signed statement from Respondents
9 new employer confinning Respondent provided the employer wilh a copy ofthis
10 Consent Agreement IfRespondent does not provide the employers statement to the
11 Board wilhin 10 days of the effeclive date the Board vill provide Respondents 12
13 employer with a copy ofthe Consent Agreement
14 II Respondent shaH practice substance abuse counseling using the name under
15 which he is licmiddotensed IfRe8pondeut changes his name he shaD advise the Board of Ihe
16 name change as proscribed under the Boards regulations and rules
17
12 Prior to the release of Respondent from probation Respondent must submit 1amp
19 a written request to the Board for relense from the tenns ofthis Consent Agreemenc and
20 Order at least 30 days prior to the date he would like to have Ihis matter appear before
21 the Board Respondent may appear before the Board) either in person or teiephojcally
22 Respondent must provide ~vidcnce that he has successfully satisfied all tenns and
23 conditum in this Consent Agreement The Board has the sole discretion to determine
24
whether all terms and conditions of this Consent Agreement and Order have been met2S
26 and whether Respondtnt has adequately demonstrated that he has addressed the issues
18
5
10
15
20
25
contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
22
23
24
26
20
5
10
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contained in this Conscnt Agreement and Order In the event that the Board determines
2 that any err all terms and conditionsofihis Consent Agreement and Order huve not been
3 met the Board may conduct such turther proceedings as It determines are appropriate to
4 address those matters
6 ] 3 Respondent shaH bear an costs relating to probation terms required in this
7 Consent Agreement and Order
8 14 Respondent shlll be responsible for ensuring that all documentation
9 required in this Consent Agreement and Order is provided to the Board in a timely
manner 11
15 This Consent Agreement and Order shall be effective on the date ofentry12
13 below
14 16 This Consent Agrccmcnt and Order is cmiddotonclusive evidel1ce of the mailers
described herein and may bt considered by the Board in determining appropriate 16
sanctions in the event a subsequent violation occurs 17
18 PROlBSSlONAL ACCEPT SIGNS AND DATES THIS CONSENT AGREEMENT
19 (4~~~V~~~
~EE-N1frf-rLER -- --
21 BOARD ACCEPTS SlGNS AND DATES THIS CONSENT AGRTIEMlNf
22 Dated this 5middott h day of July 2011
23
24
By DEBRA RINAUDO ExeciiTIve Director26 Arizona Board of Behavionil ] Iealth Examiners
19
5
10
15
20
25
1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
22
23
24
26
20
5
10
15
20
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1 ORTGrNAL ofthe foregoing tiled this dny ofJuly 2011 ith
2 Arizona B-gtard of Behavioral Health Examiners
3 3443 N Central Avegt Suite 1700 Phoenix AZ S5G 12
4 COpy of the foregoing mailed via Certified mail DO 7 () 0 ~ if (to C)) (
lhis day of July 2011 to 6
John Butler 7 Address of Record
Respondent
COPY of1he foregoing mailed via
nG z ltl 0
9 CertifiedDlailno 700g 1110 0001175( this day oOuly 201] 10
lXlO
11
12
13
Paul Crane 101 W Ph~rson Street Phoenix1-IZ 85013 Attorney fJr Respondent
14
16
Tobi Zavala Compliance Officer 602middot542middot1617 DOOO0454(9 (FINAL)
17
18
19
21
22
23
24
26
20
