Florida psychologist Adam Feder gets six years prison in drug death of former patient-girlfriend

On December 22, Miami psychologist Adam Feder, 42, pleaded guilty to manslaughter in the 2006 death of his former girlfriend. Feder failed to call 911 after the 20-year-old girl—a former patient—took a lethal dose of the painkiller Oxycodone from an illegal stash inside Feder’s home. Reports following Feder’s 2008 arrest indicate that he had broken off their romance but gave the distraught girl more than 100 times the safe dosage of the drug. After ingesting the dose, the girl lay writhing on Feder’s bed for 24 hours before Feder finally called 911 for help, according to prosecutors. Authorities believe he neglected to summon help sooner because he did not want his illegal drug stash to be discovered. The death, originally ruled a suicide was later reclassified a homicide. Feder was arrested in February 2008 regarding the girl’s death and again in June 2008 on charges of drug trafficking. Police stated that Feder, who cannot write prescriptions, used doctors’ prescription pads to obtain the drugs. “He just violated every imaginable moral, ethical and administrative rule that exists,” Miami-Dade State Attorney Katherine Fernandez-Rundle said. “She was 19 years old and she went to him to seek counseling. You had someone that was very vulnerable.” Feder was sentenced to six years in prison and four years probation and has forfeited his license to practice psychology. He is also being sued by the girl’s family.

Source: David Ovalle, “Psychologist pleads guilty in lover/ex-patient’s death,” Miami Herald, December 23, 2009 and David Ovalle, “Drug charges filed against psychologist,” Miami Herald, June 16, 2008.

North Carolina revokes license of psychologist Kristel Rider for sex with former patient

On December 4, 2009, the North Carolina Psychological Board revoked the license of prison psychologist Kristel K. Rider for a violation of legal and ethical rules governing the conduct of psychologists. According to the Board’s order, Rider admitted to engaging in sex with a former patient, beginning April 3, 2008—the day he was released from Neuse Correctional Institution. Rider, who worked for the state Department of Corrections since 2004, lost her job after shooting the patient in the back on April 21, less than three weeks after his release. He survived the wound, from a .38 caliber slug, which passed through his chest inches from his heart. Rider can reapply for her license again after one year though reinstatement will be at the discretion of the Board’s panel. Rider was not charged with a crime in the shooting.

Source: Michael Biesecker, “Former prison therapist loses license after affair,” News-Observer, December 8, 2009.

Minnesota child psychiatrist Dexter Whittemore reprimanded by state for sexual conduct with patient

On November 14, 2009, the Minnesota Board of Medical Practice reprimanded child-adolescent psychiatrist Dexter Whittemore for unprofessional and unethical conduct, improper management of
medical records and for “engaging in conduct that is sexual or may reasonably be interpreted by the patient as sexual.”

In September 2008, the Board received a complaint alleging that Whittemore failed to maintain appropriate professional boundaries with an adult female patient. The Board initiated an investigation by the Minnesota Attorney General’s Office which revealed that Whittemore engaged in conduct with the patient that is sexual or reasonably interpreted by the patient as sexual.

During 2008, over a two-month period of time, Whittemore conducted three treatment sessions with the patient outside of a clinical setting.

Whittemore made physical advances toward the patient and engaged in verbal and electronic communications with the patient of a personal and sexual nature. When the patient did not retum to Whittemore for further treatment, he did not: (1) formally sever his professional relationship with the patient, (2) generate a discharge summary for the patient’s medical record, or (3) ensure that the patient’s care was transferred to another provider.

On July 8, 2009, Whittemore appeared before the Complaint Review
Committee and admitted that he failed to maintain professional boundaries with the patient.

The Board conditioned and restricted Whittemore’s license as follows:
1. He is reprimanded.
2. He shall not engage in conduct that is sexual or may reasonably be interpreted by the patient as sexual.
3. He shall not provide treatment for patients or meet with patients outside of a hospital or clinical setting.
4. He shall practice in a pre-approved group setting.
5. He shall obtain a pre-approved supervising physician who shall submit quarterly reports to the Board.
6. He shall meet quarterly with a designated Board member.
7. He shall pay a $682 civil penalty.
8. This Order shall remain in effect for a minimum of two years.

Whittemore is also licensed in California and lllinois.

Source: Stipulation and Order, In the Matter of the Medical License of Dexter D. Whittemore, M.D., License No.: 17,811, Before the Minnesota Board of Medical Practice, November 14, 2009.

Washington mental health counselor Stephen Ruhl charged with sexual misconduct

On September 4, 2009, the Washington Department of Health (DoH) issued a Statement of Charges on mental health counselor Stephen Ruhl, for unprofessional conduct and sexual misconduct.

The DoH’s document states that Ruhl counseled a female client on and off in 2007 and the early part of 2008 at his own practice, which was located on his residential property. On or about January 14, 2008, Ruhl “invited the Client A into his private cabin and stayed there with Client A for approximately three (3) hours. At one point, Ruhl told Client A that he loved his wife but had fallen out of love with her, and that he had not touched her in years. Ruhl then told Client A that he thought she was delightful and that he’d like to be friends. When Client A told him that she had to leave, Ruhl then stated that his wife was out of town and that he’d like to take Client A to dinner. As Client A was leaving, Ruhl asked Client A if she would be home in the morning and offered to bring her some coffee on the way to work.”

It further states that Ruhl visited the client’s home approximately ten times in January and February 2008 and that the two also spoke over the phone during this period. During the calls and visits, Ruhl told the client that “he was not there for sex but for companionship and validation.”

On one occasion, Ruhl told Client A that he wanted to have “exotic, erotic sex” with her.

On two separate occasions, Ruhl told Client A that he had an erection.

Ruhl told the client that he thought she would be a great sexual partner and that he liked mature women who were comfortable with their sexuality.

During this time, the client asked Ruhl for a referral to another therapist. Ruhl told the client he could still counsel her. The client told Ruhl he could be her therapist but that the personal relationship could not continue. Ruhl replied that he would “still be trying to seduce her.”

The DoH’s document states that during the latter time, the Ruhl also engaged in physical contact with the client, including hugging, kissing and backrubs.

Source: Statement of Charges, in the Matter of Stephen Ruhl, credential no. MHC LC0006345, case M2008-118255, State of Washington Department of Health Secretary of Health, September 9, 2009.

Milwaukee clinical social worker Peter J. Nelsen loses license for impregnating client

On September 23, 2009, the Wisconsin Marriage & Family Therapy, Professional Counseling and Social Work Examining Board revoked clinical social worker Peter J. Nelsen’s license.

From 1997 until April 2009, Nelsen was employed by the Bureau of Milwaukee Child Welfare (BMCW). In 2007, he was assigned to investigation a report of physical abuse of a child in the home of “Ms. A., a woman with a history of BMCW referrals who had lost parental rights to her 3-year-old son in 2006. Nelsen concluded his investigation, concluding that the abuse report was unsubstantiated.

However, during 2007, Nelsen continued to visit Ms. A. socially at her home and the two had sexual intercourse over a period of time.

Shortly after Nelsen concluded his investigation, another allegation of child abuse in Ms. A’s home was referred to BMCW, which resulted in her two children being removed from her custody and placed in protective care.

Ms. A. became pregnant and, according to the results of DNA testing, Nelsen is the father of the child who was born August 19, 2008. Ms. A. contends that she had sex with Nelsen in late 2007 because he told her he could help her keep BMCW from removing her two children from the home.

The newborn was placed with Nelsen, which was questioned by an investigator with Milwaukee County, which ultimately led to Nelsen resigning his position with the county. In addition to revocation, he is also required to pay $515 to the Department of Regulation and Licensing for the costs of the investigation and proceeding against him.

Source: Final Decision and Order LS 0909231SOC, in the Matter of the Disciplinary Proceedings Against Peter J. Nelsen, C.S.W., Division of Enforcement case #09 SOC 039, September 23, 2009.

Washington mental health counselor Mel Gaines’ license suspended for sex with client

On October 8, 2009, the Washington Department of Health (DoH) suspended registered counselor Mel Gaines for unprofessional conduct.

According to the state’s document, in December 2008, Gaines provided counseling services to a client with whom he entered into a sexual relationship. The client also had treatment with other counselors at the same facility where Gaines worked. Gaines continued to have a sexual relationship with the client after she discontinued treatment with him and after she left the facility.

In March 2009, Gaines was requested by a DoH to provide a written statement on the matter but failed to do so.

In August 2009, he was served by the DoH with a statement of charges and an opportunity to answer them. He failed to respond to the DoH’s communications.

He may not seek reinstatement of his license for five years.

Source: Default Order in the Matter of Mel S. Gaines, credential no. RC 00053460, case no. M2009-452, State of Washington Department of Health Secretary of Health, October 8, 2009.

Washington counselor David Weed charged by licensing board for sex with married client

On October 6, 2009, the Washington Department of Health (DoH) issued a Statement of Charges on mental health counselor David E. Weed, for unprofessional conduct and sexual misconduct.

According to the DoH’s document, in September 2006, Weed provided mental health therapy to Client A and Client B, a married couple, for family and marital difficulties. Soon after, each client began receiving individual counseling from Weed.

The husband remained in counseling until at least October 2008.

Weed also treated Client C, the couple’s teenage daughter, from Spring 2005 to summer 2007.

In April 2007, Client A terminated therapy with Weed by mutual consent and agreement. Client A disclosed at that time that she was attracted to him. Weed continued to provide therapy to Clients B and C.

Beginning in September 2007, Weed entered into a sexual relationship with client A and continued it for approximately a year during which time he told Client A that he had stopped providing services to Clients B and C, which was not true.

Source: Statement of Charges in the Matter of David E. Weed, credential no. MHC LC 00008760, case no. M2009-521, State of Washington Department of Health Secretary of Health, October 7, 2009.

Board votes unanimously to revoke psychiatrist Emanuel J. Falcone’s license

Falcone’s New York license was revoked in 2008 for sex with a patient.  A Florida prison hired him anyway.

On December 4, 2009, the Florida Board of Medicine voted unanimously to revoked psychiatrist Emanuel J. Falcone’s license to practice in the state, citing a sexual relationship with a former patient.

That relationship occurred with a female patient with multiple personalities who began treatment with Falcone’s girlfriend, a New York clinical social worker, in 2003.  The patient-social worker relationship continued Falcone and his girlfriend married and moved to Florida in 2005.  Falcone’s wife shared information about the patient with him and he ultimately took over the woman’s  treatment.

Falcone (left, in tan suit) prepares to lose his license.

In a case summary, a panel of New York physicians wrote that Falcone was “fascinated” by her alternative identities, some of which were children.

Their sexual relationship began in 2006 when they got together in New York, the summary said. It continued with a weekend trip that year to Captiva Island, near Fort Myers, Florida.

On September 25, 2008 the State of New York Department of Health Board for Professional Medical Conduct issued a Determination and Order on Falcone, revoking his license.  According to the Board’s document, Dr. Falcone treated a patient for whom he bought gifts, took on outings and engaged in sex with, among other violations.  The Board charged Dr. Falcone with “committing professional misconduct…by engaging in physical contact of a sexual nature between [himself] and the patient in the practice of psychiatry.”  He was additionally charged with professional misconduct evidencing moral unfitness to practice; gross negligence; gross incompetence and failing to maintain a record for for the patient which accurately reflected the care and treatment of the patient.  All charges were sustained by the hearing committee.

Falcone told the New York medical board panel he never considered his interactions with the woman to be treatment or therapy.

Falcone loses license by unanimous vote

In Friday’s hearing, Falcone’s effort to get his revocation reduced to probation and a fine, among other penalties, was rebuffed by the panel. He declined to be interviewed as he left the hearing and walked away with his head down and hands in his pockets.

“If he’s not qualified to practice in New York, he’s not qualified to practice here,” said Jason Rosenberg, a Gainesville plastic surgeon who sits on the Florida board.

Earlier this month, Falcone quit his $188,000-a-year position as senior psychiatrist at Florida State Prison in Raiford, under pressure from “people pretty high up” within the state Department of Corrections after officials with the Department were questioned about his hiring, despite knowledge of the New York license revocation.

Medical board refuses to license Gregory Villabona, psychiatrist with history of sexual offenses and allegations

On July 28, 2009, the Maryland Board of Physicians denied psychiatrist Gregory N. Villabona a license, citing that Villabona “was disciplined in Delaware for acts that would be grounds for disciplinary action in Maryland, that is, immoral and unprofessional conduct in the practice of medicine.”

Villabona pleaded guilty to September 20, 2002 in Queen Anne’s County County (Maryland) to one count of third-degree sexual offense, a felony, and one count of fourth-degree sexual offense, a misdemeanor.  Twenty-eight additional counts were dropped in a plea agreement.

These charges were originated by two women, now in their 30s, who alleged Villabona had molested them in 1978 and 1983, when they were each 11 years old.

The Maryland State Police began investigating Villabona in 2001, after two women made the sexual misconduct allegations.  A third witness came forward while the investigation was under way.  The charges that were ultimately lodged against him included rape, attempted rape and assault.

Villabona, who faced as much as 11 years in prison, was sentenced November 25, 2002 to five years supervised probation before judgment.

Relative to his plea of guilty, the Delaware Board of Medical Practice sanctioned Villabona September 22, 2003 for unprofessional conduct, ordering him placed on five years supervised probation, to run concurrent with the probation before judgment imposed in the criminal case (he appealed the Board’s ruling but on April 28, 2004 the Superior Court upheld the decision.)

The Board acknowledged that the crimes for which he pleaded guilty  occurred before he was a licensed physician and were not committed on patients but that they nonetheless constituted “dishonorable or unethical conduct.”

On March 17, 2006, while still on probation, Villabona lost a civil lawsuit to a former patient who charged that he had sex with her.  A Delaware Superior Court jury awarded the former patient $200,000.  According to the lawsuit, the patient, who was 22 when she went to Villabona, had sought  treatment in 2002 for depression stemming from sexual abuse she suffered from ages 4 to 12.  After several visits, Villabona took her to a bar, where he bought her several rounds of drinks, although he knew she was on antidepressants (which he had prescribed), which are not supposed to be mixed with alcohol.  Afterward, Villabona drove the woman back to his office and had sex with her in the vehicle.

On June 3, 2008 the Delaware Medical Board restricted and limited Villabona to “providing treatment to male patients only over the age of 18 years.”  This order is to be in effect until June 2015.  He had initially been placed on three years’ probation by the Board in June 2007 for failure to comply with an earlier Board order.

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SOURCES:

Sanctions July 2009, Maryland Board of Physicians monthly board actions report, as posted on board’s website: http://www.mbp.state.md.us/forms/jul09sanctions.pdf

Consent Agreement in Re: Gregory N. Villabona, Before the Delaware Board of Medical Practice, Case No. 10-35-06, filed July 3, 2008.

“Doctor on probation loses sex suit,” News Journal, March 25, 2006.

“Psychiatrist disciplined by medical practice board,” Dover Post, May 19, 2004.

“Dover psychiatrist loses appeal,” Delaware State News, May 12, 2004.

“Doctor is given probation,” New Journal, November 26, 2002.

Entry on Gregory N. Villabona, M.D., State of Delaware Medical Board license actions, as posted on board’s website:
http://dpr.delaware.gov/boards/medicalpractice/documents/dispaction.pdf