Psychiatrists should not be allowed to wear the "M.D." moniker. They
should be labeled "Psychiatrist" which will warn any unsuspecting and
vulnerable "patients".

October 12, 2004
State eyes psych misconduct
Older cases reviewed; prosecution possible

By J. TAYLOR RUSHING
Capital Bureau Chief
TALLAHASSEE -- Several misconduct cases involving psychiatrists are
being belatedly sent to state attorneys across Florida, years after
the doctors were disciplined by the state but never referred for
possible criminal prosecution.

Under Florida law, the cases should have been forwarded to prosecutors
by a division of the Department of Health.

State officials would not comment on particular cases. But Amy Jones,
director of the Medical Quality Assurance Division of the state Health
Department, said a consumer services unit within the department is
exploring whether older cases were properly referred.

"The unit is currently conducting an audit to determine if there are
other cases prior to 2002 which were not sent to the proper
prosecuting authorities and to ensure all cases are forwarded in
accordance with the law," Jones said.

In the Fourth Circuit covering Duval, Clay and Nassau counties, two
old cases were recently sent to State Attorney Harry Shorstein of
Jacksonville involving accusations of improper sexual relations with
patients. Shorstein, however, said he is unlikely to prosecute because
the situations appear to be consensual.

Clearwater resident Ken Kramer has been prodding state health
officials into forwarding the cases and estimates through his research
that there are about 75 statewide that have not been properly
considered for prosecution.

Kramer, a member of the Church of Scientology, which opposes
psychiatry, said he wants more scrutiny of the profession. He has also
launched a Web site,  www.psychsearch.net to document psychiatrists'
disciplinary records.

"I found a lot of the discipline cases were about sexual misconduct,
but there were minimal arrests by law enforcement, so something didn't
add up," Kramer said. "I started asking the Department of Health about
specific cases they had forwarded, and they couldn't find anything.
... The whole point is to have this available for consumers so they
can research their doctors."

Kramer has successfully urged the state to belatedly forward about a
half-dozen cases so far.

The Northeast Florida cases sent to Shorstein involved William C.
Devereux and Ernest C. Miller.

Devereux is a Jacksonville psychologist who was fined and restricted
by the state after being accused of a sexual relationship with a
patient.

Devereux signed a June 12, 2000, agreement in which he neither
admitted nor denied the allegations but agreed to restrictions on
treating female patients. For example, Devereux is allowed to see
women patients only when a female staff member is present in an
adjoining office and can watch through a window.

Devereux said the possibility of criminal prosecution was never
mentioned during settlement negotiations with the state. He declined
to comment in detail.

"I've gone through hell and back and I've met all requirements," he
said.

Miller, a Jacksonville psychiatrist often used by local prosecutors
and defenders as an expert witness, was disciplined by the state in
2000 for misconduct.

Miller was accused of five counts of misconduct involving a female
patient, including an improper sexual relationship. He signed an
August 2000 agreement in which he neither admitted nor denied the
charges but agreed to a fine, a reprimand and is restricted to
forensic medicine with only necessary contact with patients.

Miller wouldn't comment on his case but acknowledged state law
requires such cases to be forwarded and considered for possible
criminal charges.

"That is certainly well-known," he said last month. "But there wasn't
any basis for prosecution in my case. ... I have nothing further to
discuss about it."

Shorstein said he won't pursue charges unless there is proof they
intimidated or forced the women they were treating. So far, he said,
the relationships appear consensual in both cases.

Florida Statute 491.0112 outlaws sexual contact between psychiatrists
and their patients -- and specifically bans the client's consent as a
valid defense. Statute 456.066 also requires state departments "or the
appropriate board" to report criminal violations to "the proper
prosecuting authority."

Shorstein said he is aware that consent is not a defense, but he would
still lean against prosecution and that his office has never pressed
such a case.

"If you take advantage of a woman by using drugs or something that
causes the sexual relationship to be against her will, it becomes
battery or rape," Shorstein said of both cases. "But this is a million
miles from rape. Just doing something that's prohibited by the
profession is better dealt with by the profession. Administrative
action is more appropriate, and it was taken in these cases."

Stephen Siegel, division chief of the public interest section of
Shorstein's office, said a definitive decision about prosecution has
not been made because both cases are still being reviewed.

Siegel said the women may or may not be interviewed and that much may
hinge on whether they were still under the doctors' care when the
relationships began. Miller's relationship appears to have been after
he stopped treating the patient, and Devereux's is still being
determined, Siegel said.

"But there's a fairly lengthy administrative report file to go through
first," Siegel said. "There are documents, interviews, notes, just an
enormous amount of data that probably adds up to hundreds of pages."

Shorstein said he does not sense there are a lot of missed cases.

"If there were potential criminal violations, we would be receiving
more complaints from the victims or someone on the victim's behalf,"
he said. "It's true that people don't always come forward. But had I
had other complaints, it would seem an example of a problem. But in 14
years, I've not had one. That doesn't mean there have been no
incidents of misconduct. But had I had some, it would indicate the
state had not been vigilant. There's no evidence they have not been
vigilant."

Kramer, however, said victims may be too embarrassed or uninformed to
come forward. He pointed to cases of sexual misconduct by Catholic
priests that have been uncovered in recent years.

"It's possible these women don't know it's a crime," Kramer said.
"Plus, who wants it in the public record that they're seeing a
psychiatrist? ... The fact is, when people find out it's OK to come
out of the woodwork, they do."