BEFORE THE BOARD OF BEHAVIORAL SCIENCES

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 2002018002685

DEAN THOMAS MOTT 1430 Esplanade, Ste 17 A STIPULATED SURRENDER OF LICENSE Chico, CA 95926 AND ORDER

Licensed Marriage and Family Therapist License No. LMFT 29170

Respondent.

DECISION AND ORDER

Based on Condition 15 of the attached Decision and Order in the Matter of the

Accusation Against Dean Thomas Mott, Case No. 2002015000687, the Board formally accepts

Respondent's request to surrender his Licensed Marriage and Family Therapist License No.

LMFT 29170 and accepts his tendered license.

1. The surrender of Respondent's Marriage and Family Therapist License and the

acceptance of the surrendered license by the Board shall constitute the imposition of discipline

against Respondent and shall become a part of Respondent's license history with the Board of

Behavioral Sciences.

2. Respondent shall lose all rights and privileges as a Licensed Marriage and Family

Therapist in California as of the effective date of the Board's Decision and Order.

3. Respondent shall cause to be delivered to the Board his current license and wall

certificate on or before the effective date of the Decision and Order.

4. Respondent shall not apply to the Board for registration or licensure for three (3)

years from the effective date of the Board's Decision and Order.

5. If Respondent applies for any registration or license issued by the Board or any other

healthcare licensing agency in the State of California, all of the charges alleged in Accusation

Case No. 2002015000687 shall be deemed true, correct and admitted by Respondent for the

purpose of any Statement of Issues or other proceeding seeking to deny such application.

7. The Board's adoption of his license surrender precludes Respondent from petitioning

the Board for reinstatement of the surrendered license.

Decision and Order 2002018002685

8. Should Respondent at any time after this surrender reapply to the Board for

registration or licensure, he must meet all current requirements including, but not limited to, filing

a current application, meeting all current educational and experience requirements, and taking

and passing any and all examinations required of new applicants.

This Decision shall become effective on August 23, 201 B

It is so ORDERED .Tul ;y 24, 2018

KIM MADSEN Executive Officer Board of Behavioral Sciences Department of Consumer Affairs State of California

Decision and Order 2002018002685

BEFORE THE BOARD OF BEHAVIORAL SCIENCES

DEPARTMENT OF CONSUMER AFFAmS STATE OF CALIFORNIA

In the Matter. ofthe Accusation Against: Case No. 2002015000687

Dean Thomas Mott OAH No. 20170104931430 Esplanade, Suite 17

Chico, California 95926

Licensed Marriage. and Family Tbcr~1pist License No.· LMFT 29170

Respondent.

DECISION ·AND ORDER . .

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Board . .

of Behavioral Sciences, Department of Consumer Affairs, as its Decision in this matter.

This Decision shall become effective on -~O.::..::c::..:t~oc.cb~e=r::........~1~3'-~,:........:::211.J110:....!1-=.7_

It is so ORDERED September 1 3 , 2 01 7.

FOR THE BOARD OF BEHAVIORAL SCIENCES DEPARTMENT OF CONSUMER AFFAIRS

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XAVIER BECERRA . Attorney General of California JANICEK. LACHMAN Supervising Deputy Attorney General BRIAN S. TuRNER Deputy Attorney General State Bar No. 108991 . 1300 I Street~ Suite 125 P~O. Box 944255 Sacra1nento, CA 94244..2550 Telephone: (916) 445-0603 FacsuniJe: (916) 327 ..8643 B-mai1: Brian.Turner@doj.ca.gov

Attorneys for Compfainant .

BEFORE THE BOARD OF BEHAVIORAL SCIENCES

DEPAl~TMENT OF CONSUMER AFFAIRS . STATE OF CALIFORNIA .

In the Matter of the Accusation Against: Case No. 2002015000687

Dean Thomas Mott OAH No. 20170 I0493 · 1430 Esplanade, Suite 17

Cllico, Californi~ 95926 STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

Licensed Marriage and Family Therapist LieenseNo. LMFr29l70

Respondent.

IT IS STIPULA rED AND .AGREED by and between the parties to the abov~.entitled . .

proceedings that the. following matters are true:

PARTIES

1. Khn Madsen (Complainant) "is the Executive Officer ofthe Board ofBehavior~l

Sciences (Boat•d). She brought this action solely in her official capacity and is represented in this

matter by Xavier Becerra, Attot'Jtey.General of the State of California, by Brian S. Turner, Deputy

Attorney GeneraL

2. Respondent Dean Thomas Mott (Respondent) is represented in this proceeding by

attorney Bryan Malone, whose address is:. 2021 N Stre~t, Sa~ramento, CA 95 811-4222;

B.ryan.Malone@llg-law.com.

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STIPULATED SETILEMENT (2002015000687}

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1 3. . On or about Feb.ruaty 13, 1992, the·Board issued Licensed Marriage and· Family

Therapist Licen.se No. LMFf 29170 to Respondent. The Licensed Marriage and Family

Therapist License was in full force and effect at all times relevant to the charges brought in Accusation No. 2002015000687, and will expir~ on June 30,2017, unless renewed.

JURISDICTION

4. · Accusation No. 2002015000687 was filed before the Board, and is currently· pending

against Respondent. The Accusation and all other statutorily required documents were properly

served on Re~pondent on October 19, 2016. Respondent timely filed his Notice of Defense

contesting the Accusa~on.

5. A copy ofAccusation No. 2002015000687 is attached as exhibit A.and incorporated

herein by reference.

ADVISEMENT AND WAIVERS

6. Respondent has carefully read, flillydiscussed with counsel, and understands the

charges and allegations in :Accusation No. 2002015000687. Respondent has .also carefully read,

fully discussed with counsel, and understands the effects ofthis Stipulated Settlement and

Oisciplinary Order.

7. Respondent is fully aware of his legal rights in this matter, including the righ~ to a

hearing on the charges and allegations in the Accusation; the right to confi·ont and cross-examine.

the wifnesse~ against him; the right to present evidence and to testifY on his own behalf; the right

to the issuance orsubpoenas to compel the attendance ofwitnesses and the production of

documents; the right to reconsideration and court review ofan .adverse deci~ion; and a1J other

rights accorded by the California Administrative Procedu1·e Act and other applicabl~ laws.

·8. · Respondentvoluntarily, knowingly, and ·intelligently waives and gives up each and

every right set forth above.

CULPABILITY

9. Respondent imderstands and agrees that the charges and allegations in Accusation

2002015000687, ifproven at a hearing, constitute cause for imposing discipline upon his

Marri~ge and Family Therapy License.

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STIPULATBD SEI'TLEMENT (2002015000687)

l For the purp~se of resolving the Accusation without the expense and uncertainty of ~rthet·

proceedings, Respondent 11grees that, at ahearing, Complainant could establish a factual basis for

~e charges in the Accu~ati~n, and that Respondent hereby gives up his right to contest those

charges.

10. Respondent agrees that his Licensed Marriage and Family Therapist License is

subject to discipline and he agrees to be bound by tlie Board1s probationary terms as set forth in

the Disciplinary Order below.

CONTINGENCY

11. This stipulation shall be subject to approval by the Board. Respondent understands

a~1d agrees that co1.u1sel for Complainant and the stafr"ofthe Board 111ay comm.unjcate directly

with the Board regarding this stipulation and settlement, without notice to or participation by

Respondent or his counsel. By signing the stipulation, Respondent understands and agl'ees that he

may not withdraw his agre~ment or seek to rescind the stipulation prior to the titne th~ Board

considers and acts upon it. lfthe Board-fails to· adopt this stipulation as its Decision and Ot'der,

the Stipulated Settlement and Disciplinary Order shall be of no force .or effect, except for this

paragraph,. it shaH be inadmissible in any legal action· between the parties, and the Board shall not

be disqualified fi·om further action by ~aving considered this· matter.

12. The p~t-ties understand and agree that Portabl~ Document Format (PDF) .aod facsimile.

copies ofthis Stipulated Settlement and Disciplinary O~der, including PDF and facsimiJ~

signatures thereto, shall have the same force and effect a.S the originals.

13. This Stipulated Settlement S:nd Disciplinary Order is intended by the parties t~ be an

integrated writing representing the complete, final, and e~clusive embodiment oftheir agreement

It supersedes any and all prior or contemporaneous agreements, undet·standings, discussions,

negotiatio11s, and conunitments (written or oral). This Stipulated Settlement and Disciplinary

Order may not be altered, amended, modified~ supplemented; or otherwise changed except by a

writing executed by an authorized representative ofeach ofthe parties.

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STJPULATED SETTLEMENT (2002015.000687)

14.. In c~nsideration ofthe foregoing admissions and stipulations, the paities agree that

the Board may, without further notice· or formal proceeding, issue and enter the following

·Disciplinary Order:

DISCIPLINARY ORDER

IT IS ORDERED that Licensed Marriage and Family Therapist Licens~ No. LMFT 29170

issued to Dean Thomas Mott (Respondent) .is revoked. The revocation is stayed and Respondent

is placed on three (3) years pt'Obatioai with the following terms and conditions. Probation.shall

continue on the same terms and conditions if Respondent is granted another registration or license

regulated by the Board. ·

1. Supervised Practice

Within 30·days ofthe effective date ofthis decision, Respondent shall submit to the Board

or its designee, for its prior approval, the name. and qualification of .one or more proposed

·supervisor~ and a plan by each supervisor. The supervisor shall_ be a current California licensed

practitioner in Respondent's field of practice, who shall submit written reports to the Boat·d or its

designee on a quat·tefly basis verifying that supervision has taken·place as required and including

an evaluation ·ofRespondent's performance·. The supervisor shall be independent, with no prior

business, professional or personal relationship with Respondent. .

IfRespondent is·).mable to secure a supervisot· in his OJ' her fiel~ -of practice due to .the

unavailability of mental hedlth care professionals in the area, then the Board may consider the

following options for satisfying ·this probationary. term:

(1) Permitti"ng the Respondent to receive supervision yia v.ideoconferencing; or,

(2) Pern?itting Respondent t? secure a sup~rvisor not in the Respondent's field ofpractic~.

The forego.ing options shall be considered and ~xhausted by the Board in the ordea·listed

above. The Board may require that Respondent provide written documentation of his or her good

faith attempts to secure face-to-face supervision, supervision via videoconferencing. or to locate a

mental health professional that is licensed in the Respondent's field of practice.

Respondent shall complete any required consent forms and sign an agreement with the

supervisor and the Board regardin.g the Respondent an~ the sup~rvisor's requirements and

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STIPULATED SBITLEMENT (20020 1500'0687)

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1 repo.1ting responsibilities. Failure to file the required reports in a. timely fashion shall be a

viol~tion of probation.. Respondent shall give the supervisor access to Respondent's ·fiscal and

client records. Supervision obtained from a probation supervis.or shall not ·be used as experience

gained toward licensure.

If the supervisor is no longer available, Respondent shall notify the Board within 15··days

and shall not practice until a new supervisor has been approved by the Board. All costs of the

supervision shall be borne by Respondent.· Supervision shall consist of at J~ast on~ (l) hour per

week in individual face to face meetings. The supervisor shall not be the Respoqdent's theJ·apist.

2. Education

Respondent shall take and successfully complete .the equivalency of.two (2) semester or

three (3) quarter units in Boundaries. All course work 'Shall be taken at the graduate level at atl

accredited or approved educational institution that offe.rs a qualifyin~ degree for licensure as a

marriage and family therapist, clinical social.worker, ~ducation~l psychologist, or professicinal

c'linical counselor or through a course approved by the Boat·d. Classroom attendance must be

specifically required. Course content shall be pertinent to the vi9lation and all course '~ork must

·be completed within one year frotn the effective date o~th1s Decision.

Within 90 days ofthe effective date of the decision Respondent shall submit a plan for prior

.Board approval to meet these educational requirements. All oosts ofthe course work.shall be

paid by the Respondent. Units obtained for an approved qourse shaH not be used fot· continuing

education units required for renewal of licensure.

3. Law and Ethics Course

Respondent shau·take and successf~11ly complete the equivalency of two semester or three

(3) quarter units in 1aw and ethics. Course work shall be taken ~t the· graduate level at an

. accredited or approved educational institution that offers a qualifying degree for licensure as a

marriage and.family therapist, clinical social worker, educational psychologist, professional

clinical counselor as defined in Sections 4980.40, 4'996.18, 4999.32 or 4999.33 of the Business

and Professions Codes and Se~tion 1854 ofTitle 16 ~fthe California Code ofRegulationsor

through .a course approved by the Board. Classroorri..attendance must be specifically required.

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STlPULATED SETrLEMENT (2002015000687)

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. . Within 90 days of the effective date of this Decision, Respo11dent shall submit a plan for prior

Board approval for meeting. this educational requirement. Said course·must be taken and

completed within one year from the effective date oftl}is D(::cision. The costs associa~ed with the

law and ethics ·course shall be paid by the Respondent. Units obtained for an ~pproved course in

law and ethics shall not be used for conti~uing education units required for renewal of licensure.

4. · Obey All Laws

Respondent shall obey all federal, state and local laws, all statutes and regulations·

governh~g the licensee, and remain in full compliance.with any court ordered criminal probation,

payments and other orders. A fttll and detailed account of any and all yiolations of law shall be

reported by the Respondent to the Bo.ard or its designee in writing within seventy-two .(72) how;s

of occurrence. To permit monitoring of compliance with this term, Respondent shall submit

·fingerprints through the Department ofJustice and Federal Bureau ofInvestigation within 30 days

ofthe effective date of the decision, unless previously submitted as partofthe licensure

applicati~n p~ocess. Respondent shall pay the cost associated with the fil)gerprint process.

s. File Quartcr~y Reports

Respondent shall subm.it quatterly reports, to the Board or its designee, as scheduled on the

"Quatterly Report Form" (rev. 01112/01). Respondent shall state under penalty of perjury

whe~er hetshe has been in compliance with all the co~ditions ofprobation. Notwithstanding any

provision_fortolli11g ofrequirements ofprobation~ during the cessation of practice Respondent

shall continue to submit quarterly reports und~r penalty of perjury.

6•. Comply with Probation Program

Respondent shall comply with the probatio11 program established by the Board a~d

cooperate with representatives ofthe Board in its moni.toring and investigation ofthe

Respondenfs compHance wjth the program.

Intcrvic,vs with tile Board

Respondent shall appear in person for 'interviews with the Board or its designee ·upo.ll

request at various intervals and with reasonable notice.

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STIPULATED SE.ITLEMENT (2002015000687)

1 · 8.. · · Failure to Pt·actice

In th~ event Respondent stops practicing il\ California, R~spondent shall notify the Board or

its designee in writing within 30 calendar days prior to the dates ofnQn-pr~ctice and retur~ to

prac!ice. Non..practice is. defined as any period of time. exceeding thirty calendar days in which

Respondent is nqt engaging in any activities defined in Sections 4980.02,4989.141 4996.9, or . .

4999.20 of the Business and P1·ofessions Code. Any period ofnon-pa-acti.ce, as defined ln this

condition, will not apply to the reduction ofthe probationary term and will.relieve Respondent of

the .resp~nsibiUty tq comply with the ·probationary terms and conditions with the exception ~fthis. . .

condition and the following terms and conditions ofp~·obation: Obey AU Laws; File Quarterly

Reports; Comply With Probat~on Program; Maintain Valid License/Registration; and Cost

Recovery. The failure to. practice for a total oftwo Y.ears shall be a violation ofprob~tion and

Respondent's registration.tlicense shall be subject to cancellation.

Change of Place ofEmployntent·or Place of Residence

Respondent shall notify the Board or its designee in writing within 30 days of .any change

ofplace of employment or place ~f residence. The written notice shall include the address, the .. , ,··

telephone number and the date ofthe change.

10. Supervision ofUnlicen.Scd Persons

While on probation, Respondent shall not act as a supervism· for any hours ofsupervised

pr~tice required for any license issued by the Boal·d. Respondent shall terminate any such

supervisorial relationship in .existence on the effective date. ofthis Decis1on.

·tt. Notificatlon to Clients.

Respondent shall no.tify.all clients when a11y term or condition of probation will :affect their

therapy or the confidentiality of their t·ecords, including but not limited to supervised practice,

suspension. or clie11t population restrlction. Such notification shall be signed by each client prior

to continuing or commencing treatment. ~espondent shall submit, upon request by the Board or

its designee, satisfactory evidence ofcompliance w1th this term of probation. ·

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STIPULATED SETTLEMENT (20020 J5000687)

12. · Notification to Employer

Respondent shall. provide each ofhi's or hei· current or future ·employers, when performing

servic~s that fall within·the scope ofpr~ctic.e of his or her license, a copy ofthis Decision and the

Statement of Issues or Accusation before commencing employment. Notification to the

Respondent~s current employer shall occur no later than the effective date ofthe Decislon or

immediately upon ~ommencing employment; Respondent shall submit, upon request by the

·Board or its designee, satisfactory evidence of compliance with this term ofprobation. . .

The Respondent shall provide to the BoaL·d the names, physical addresses, and telephone

numbers ofall employers, super,Visors, and' conttactors.

Respondent shall complete the required consent forms and sign an agreement w~th tl~e

employer and supervisor, or ~ontractor, and the Board to allow the Board to communicate with

the employer and supervisor or contractor regarding the licensee or registrant's work status,

performance, and inonitoring.

13: Violation of Probation

IfRespon~ent violates the conditions of his/her probation, the Board, after giving

Respondent notice and the oppo.rtunity to be heard, may set aside the stay order and impose the

discipline (revocation/suspension) of Respondent·~ Jicense [or registration] provided in the

decision.

Ifduring the period ofprobation, an accusation, petition to revoke prob~tion, or statement

of issues has been filed against Respondent's license [or registration] or application for licensure,

or the Attorney General's office has been requested to prepare such an accusation, petition to .

revoke probation, or statement of issues, the probation period set forth in this decision shall be

automatically extended and shall not expire untll the accusation, petition to revoke probation, or

statement of issues has peen acted upon by the board. Upon successfttl completion of probation,

Respondent's license shall be fully restored.

14. Maintain Valid License

Respondent shall, at all times while on probation, .maintain a current and active license with

the Board, .including any period during which suspension or probation is tolled. ·should

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STIPULATED SETTLEMENT (20020 150006'87)

.Resp~ndent's license, by operation of law or othe~ise, explre, upon renewal Respondent,s

license shall be subject to any and a~l te1·ms ofthis probation not previously satisfied.

15. License Surre11der

Following the effective date ofthis decision, if_Responde11t cea~es practicing due tci

retirement_or health reasons, or is othetwise unable to satisfy"the terms a·nd conditions of

probation, Respondent may voluntarily request the surrender ofhis/her license to the Board. The

Board reserves the right to evaluate the.Respondent's J·equest and to exercise its discretion

whether to grant the request or to take a_ny other- action deemed appr~priate and reasonable under

the circumstances. Upon formal acceptance of the surrender, Respondent shall within 30 calendar

days· deliver Respondent's license and certificate and if applicable wall certificate to the Board or·

its designee and Respondent shall no longer engage in any practice for which a license. is.

required. Upon forn1al acceptance of the tendered license, Respondept will no longer be subject

to the terms. and conditions of probation.

. Voluntary surrenqer of Respondent's license shal1 be conside1·ed to be a disciplinary action • 0

and shall become a part ofRespondent's license history with "the ~oard. Respon~ent may f!Ot

petition the Board for reinstatement ofthe surrendered license. Should Respondent at any time

after voluntary surrender ever reapply to the Board for. licensure Respondent must meet an·

current requirernents for Hcensut·e including, but not limited to, filing a current application, ·

meeting al_l current educational and expet·ience requh-ements, and taking and passing any and all

examinations required of new applicants.

16. Instruction of Coursewor~Qualifying for Co_tttinuing Education

Respondent shall not be an instructor of any coursewoJ'k for continu.ing education credit

required by any lic~nse issued by the Board.

17. Notification to Referral ServiceS

Respondent shall immediately send a copy ofthis decision to all referral services registered 0 0

with the Board in which Respondent is a participant. While on probatio11, Respondent shall send

a copy ofthis decision to all referral services registered with the Board that Respondent seeks to

join.

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STil>UL~TED SETTLEMENT (2002015000687)

1 18. Reimbursement ofPt•obation Ptogram

Respondent .shall reimburse the Board for the costs it incurs in·monitorin.g tbe probation to

ensure compliance for ~e duration ofthe probation period. Reimbursement oosts shall be

$1)00~00 per year.

19. · Cost Recovery

Respondent shall pay the Board the·compromised amount of$8tl73,50 as and for the

reasonable costs {)t the investigation arid prosecution ofC.ase No. 200201.5000687. Respondent

shall make ~iUch payments as detailed in·a plan to be agreed up by Complainant's designe~ and

Respondent. Respondent shall make the oheok or money order payable to tlle Board of

Be4avioral Sciences and shall indicate oil the check or money or~ that it is the cost t·eoovery

pay~ent for Case No. ·~002015000687. Any order for payment ofoost recovery shall remain .itt

effect whether or not probation is tolled. Probatio~ shall not tenpjnate tmtil full paymenthas . · .

beet\ m.ade. Should any part ofcost recovery not be paid in accordance with the outlined payment

schedule, Respondent .shall be consJdered to be in vtolation ofprobation. Aperiod ofnon­

praotic$ byRespondent shall not relieve Respondent ofhis or lter opligatiot1 to reimburse the

boardfor its costs.

Cost.recovery must be completect six months prior to the termination of probatioo. A

payment plan authorized by the Board may be ex.te~ded at the discretion ofthe Enforoement

Manager based on good oause shown by the probationer.

ACCRTANCE

I have carefully read the above Stipulated Settlement-and bisoiplinary Order and have fully

discussed it with my attorney, Bryau Malone. I understand the stipulation and the etl'eot it will

have on my Licensed.Manlage and Family Therapist License. Ienter into this compromised

Stipulated Settlement and Disciplinary Order·voluntarily, laiowingly. and intelligently, and agree

to be boWtd by the Deoisfon and Order ofthe ~oard ofBehavioral Soience.s.

DATED: 'f., /9- /Z ~rr~?Jtdr-EANTifoMAs MOTT .

Respondent

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10 STIPULATBO SBTrLBMBNT (200201SOOOG87)

OE9tS680E9

1have read and fully discussed with Respondent Dean Thomas Mott the terms and

conditions and other matters contained ·in the above Stipulated Settlement and Disciplinary Order.

I approve its form and content.

DATED: BRYAN :ALONEAIforney for Respondent

· ENDORSEMENT

The foregoing Stipulated Settlement and Disciplinary Order is het·eby respectfully

submitted for consideration by the Board ofBehavioral Sci~nces.

Dated: Respectfully submitted,

SA20 15105663 12653525.docx

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STJPULATED SETTLEMENT (20020 I 5000687)

Exhibit A

Accusation No. 2002015000687

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1 KAMALA D. HARRIS Attorney General of California JANICE 1{. LACHMAN SupervJsing Deputy Attorney General BRIAN S. TuRNER . Deputy Attorney General State Bar No. 108991

1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA. 94244-2550 Tele~hone: (916) 445-0603 F3;cs1mile: (91~) 327-8643

Attorneys for Complainant.

BEFORE THE BOARD OF BEHAVIORAL SCIENCES

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

11-------------~--------------~ In the Matter of,the Accusation Against: Case No. 2002015000687

DEAN THOMAS MOTT 1430 Esplanade, Suite.l7 Chico, California 95926 ACCUSAriON

Marriage and Family Therapist Licel)se.No. LMFT29170

Respondent.

11-----------------------------~ · Complainant alleges:

PAJiTT.ES

1. Kim Madsen ("Complainant'') brings this A9~usation solely in her official capacity as

the Executive Officer of_the ~oard ofBehavioral. Sciences ("Board"), Department ofConsumer

Affairs. . .

2. On or ab9ut February 13, 1992·, the Board issued Marriage and Family Therapist . .

License Number LMFT 29170 to Dean Tho~as Mott ("Respondent"). The Marriage and Family

Therap~st lice~se was in ~11 force and effect at ~ times relevant to the charges brought herein

and will expire on June 30,2017, unless renewed.

~JURISDICTION/STATUTORY PROVISIONS

· 3. This Accusation is brought before ihe Board ~nder the authodty of the foll~wing

laws. All section·references are to· the Business and Professions . Code unless otherwise indicated. .

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(DEAN THOMAS MOT!} ACCUSATION

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1· 4. Section 4982 states, in pertinent part:

)he board may .•. suspend or revoke the license ·or registration of a licensee or registrant if he or she has been guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, the following:

· · (d) Gross negligence or incompetence in the performance of marriage and family_ therapy. · · . ·

.·.... (i) Intentionally or recklessly causing physical or emotio~al harm to any

client ...

5. ·Section _118, suqdivision (b), states:

· . · . The suspension, expiration, or forfeiture by operation of law of a license issued by a board in the department, or its suspension, forfejture, or cancellation by · order of the· board or by order of a court of law, or its surrender without the written consent.of the board, ~hall not, during any period in which it may be reneweq,restored, reissued, or reinstated, deprive the board of its authority to institute or continue 1\ disciplinary proceeding against the ·licensee,upon any ground provided by

.. law or. to enter an order suspending or revoking the license or otherwise taking ·.disciplinary action against the licensee on any such ground.

COST RECOVERY

6. Sectio~ 125.3 provides, in pertinent part, that a Boa!d may request the ad~strative

law judge to direct a licentiate found to hQ.ve committed a violation or violations of the Ucensing

act to pay a sum not to exceed the reasonable costs. of th~ investigation and enforcement of the·

case.

STATEMENT OF FACTS

7. lij or about June 20.14, B. J. sought treatment from Respondent for Low ~nergy . . .

. . Neurofeedback System (LENS), a specialized form of mental·health treatment. E.J. sought LENS

treatmeD:t as an adjunct therapy ~o the general therapy provided by ~ different therapist. · . .

8. After several sessions, Respondent told B.J. she should have general therapy from . . .

Respondent ev~11 though B.J. had not identified any dif:ficulti.es or deficiencies her current general.. therapist. B.J. informed Responde~t ·she did not want general therapy from Respondent but he

continued to insist.B.J._receive g~neral therapy from Respondent. Respondent did not consult

with the B.rs ex~sting general therapist about the effects ofE.J. receiving additional general

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1 therapy, and di~ not provide an explanation of the risks and benefit~·(informed consent) to B.J.

B.J. agreed to ·the dual forms of treatment from Resp~nde~t in part oecause B.J. did not want to

hurt Respondentt·s feelings. Respondent engaged in 111:ultiple sessions ~fLE~S therapy combined

with general :therapy with Respondent.

9. On or about August 7, 2014, Respondent was providing LENS and general therapy to . .

E.J. During the ..

course of this session, . Respondent touched and maintained contact with E.J. in . .

the area: of h~r knee wi~out consent by E.J. ' . . .

· 10. After several weeks. of treatment, B.J. believed Respondent was acting as though he

had an interest in E.J. other than as a patient. B.J. requested that the therapeutic relationship end

because ofRespond~nt,s ro~tic attractio~ to E.J. ~espondent reacted }?y threatening to go "ail

S.T. on you.,. (S.T. was a former therapist who.Re~pondent W@.S aware had been ~inotionally

abusive to E.J.) Approximately two weeks later, B.J. requested Respondent to resume L~S

therapy only in part because Respondent was the only LENS provider in E.J.' s geographic area.

Respondent did 'not meet with E.J. to explain whether further treatment was appropriate. or

inappropriat~ and the reasons for ~nducting general therapy and LENs therapy in the past ~d

set new boundaries on treatment goals. Respondent denied E.J.'s request in .electronic

correspondence of September 8, 20i4 without proViding any guidance o~ altet:natives to B.J. for

repl~cement treatment.

. FIRST CAUSE FOR DISCIPLINE . . (Intentionally or Recklessly Causing Emotional harm to a Client)

11. Paragraphs 7 thought 10 are incorporated herein as though·set forth at length.

Respondent is subject to disciplinary action for unprofessional conduct pursuant to

section 4982(i) in that Respondent intentionally and/or recklessly caused ~11?-otional ha~m to B.J., . . .

as follows:

a. B.J. informed Respondent that she wanted to end therapy because Respondent's

oonduct was not ~nsistent with a therapeutic relationship ana mora consistent with·Respondent

attempting to form a romantic relationship. Respondent threatened, "You don't want me to get all

'S.T.' on you.',

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. . b. · Resp~ndent pressured E. J. into receiving general therapy in addition to LENS·

fl?.erapy from Respondent. ·

c. Respondent abandoned E.. ~· by refusing to contiilUe LENS therapy, ~eeting with E.J.

to provide explanations about past treatment or providing information for other treatment,

providers or other therapeutic services to r~pla~e the se~ices provided ~y Respondent.

SECOND CAUSE FOR DISCIPLINE

(Gross Neg~gence)

12. · Paragraphs 7 through 10 are incorp.orated herein 'as though set forth at length.

.~espondent ~ subject to disciplinary action fo.r unprofessional conduct pursuant to section

4982(d), in that Respondent committed acts constituting gross negligence in the performance of . . .

marriage and family therapy to E.J.,. as s~t forth in subparagraphs 11 (b) and (c), and by failing to

provide adequate informed consent for concurrent LENS therapy and general therapy.

THIRD CAUSE FOR.DISCIPLINE

(Incompetence)

13. Paragraphs 7 through 10. are incorporated herein as though set forth at length.

Respondent is subject to disciplinary action for unprofessional conduct pursuant to section

49~2(d), in that Responde~t was incompetent in the perf~rmance of marriage ~d family therapy

to E.J.. incl~ding but not limited to coming into physical contact with a.J. without E.J.s .

knowledge or ~onsent and without therapeutic purpose.

FOURTH CAUSE FOR DISCIPLINE ·

(Unprofessional Condu~t)

14. ·Responde~t is subject tC? disciplinary action pursuant to ~~etlan 4982(d), in that

Respondent committ~d acts constituting unprofessional conduct, as -s:et f~rth in paragraphs 7

through 10 incorporated ·herein as though set for.th at length.

PRAYER

WHEREFORE, Complainant requests ·that a hearing be held on the matters herein alleged,

and that following the hearing, the Boar~ of Behavioral Sciences·issue a decision:

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(DEAN THOMAS MOTI') ACCUSATION

1 1. Revoking or suspending Marriage and Famil:y Therapist License :Number LMFr

29170, issued to Dean Thomas Mott; · ·

2. Ordering Dean Thop3.as Mo~ to ·pay the Board of Behavi~ral Sciences the reasonable

costs of the investigation and enforcement of this case, pursuant to Business and Professions

Code section 125.3; and

3. Taking such other and further action as deemed necessary and proper.

DATED: October 7, 2016 KIM MADSENExecutive Officer Board of.Behavioral SciencesDepartm~nt of Consumer Affairs State of CaliforniaConJplainant

SA2015105663 .. 12455043.docx

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