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Judges uphold revocation of counselor’s license

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The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.

Elaine Williams was a licensed mental health counselor when she treated Patient A, who suffers from dissociative identity disorder, post-traumatic stress disorder, depression, and schizophrenia. The evidence shows that Williams involved herself in Patient A’s personal life and continued to contact her despite Patient A’s requests to be left alone. In her emails to Patient A, Williams expressed her love for Patient A and the pain caused by Patient A’s rejection of her. Williams’ behavior caused Patient A to call the police twice, move away from her home, change her phone number, and change her email account. The situation with Williams was traumatic for Patient A and caused her to feel fear, according to the court record.

The Office of the Attorney General filed an administrative complaint against Williams, and in a hearing before the Behavioral Health and Human Services Licensing Board an AG investigator and Patient A testified. The board found that Williams had committed two violations under I.C. 25-1-9-4 and two violations under I.C.25-1-9-6.7, and revoked her license pursuant to Indiana Code section 25-1-9-9(a) (2001).

The trial court initially affirmed the board’s decision, but then reversed on Williams’ motion to correct error. Madison Circuit Judge Dennis Carroll was troubled with the board’s severe sanction of revocation, not with any determination that Williams’ conduct warranted a sanction. The judge found the board’s decision to be arbitrary and capricious and ordered with instructions to impose a lesser sanction or hold a new hearing.

In Behavioral Health and Human Services Licensing Board, Kimble L. Richardson, George Brenner, Andrew Harner, Geneva Osawe, Rex Stockton, Carla Gaff-Clark, and The State of Indiana v. Elaine Williams, 48A05-1304-PL-185, the Court of Appeals affirmed the board’s decision, finding it afforded Williams fair proceedings and acted within its authority in revoking her license. The judges also held that the trial court improperly substituted its judgment for that of the board when it determined that revocation was too severe a sanction.

“We simply cannot conclude that the proceedings before the Board were unfair or that Williams was prejudiced,” Senior Judge John Sharpnack wrote.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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