Final Order No. ~ 0 ~ - 0 8 - 0 7 8 0 - B ~ 0 ~ FILED DATE - q.22 .=

Department of Health

By: &d= Deputy Agency Clerk

STATE OF FLORIDA BOARD OF PSYCHOLOGY

IN RE: THE PETITION FOR DECLARATORY STATEMENT OF JEFFREY LANE, Ph.D.

FINAL ORDER

THIS MAlTER came before the Board of Psychology ("Board") pursuant to

Section 120.565, Florida Statutes (FS), at a duly-noticed public meeting held on April 4,

2008, in Tampa, Florida, for consideration of the above-referenced Petition for

Declaratory Statement filed January 9, 2008, by Jeffrey Lane Ph.D., ("Petitioner").

Notice of the Petition for Declaratory Statement was published on January 28, 2008, in

Volume 34, No. 04, of the Florida Administrative Weekly. No comments by interested

persons were received. Petitioner was neither present at the meeting nor represented

by counsel. The Board was represented by Mary Ellen Clark, Assistant Attomey

General. Petitioner requested the issuance of a Declaratory Statement regarding the

Board's interpretation of Rule 64819-18.002, F.A.C., and Section 490.0143, Florida

Statutes, and whether based on Petitioner's credentials, he could lawfully hold himself

out to the public as a sex therapist. Having considered the petition, the Board makes the

following findings and conclusions:

FINDINGS OF FACT

1. Petitioner is a licensed psychologist in the state of Florida.

2. Rule 64819-18.002, FAC, provides that "prior to holding oneself out as a

sex therapist, a psychologist must have received training in the provision of

psychological health services and shall have completed a minimum of 150 clock hours

of education which meets the requirements of Rule 64819-13.003, FAC, in the specific

area of sex therapy and in the interaction between sex therapy and the general

provision of psychological health services."

CONCLUSIONS OF LAW

3. The Board has jurisdiction over this matter pursuant to Section 120.565,

FS .

4. The Board has authority to issue Final Orders pursuant to Section

120.565, FS, and Rule 28-1 05, FAC.

5. The Petition filed in this cause is in substantial compliance with the

provisions of 120.565, FS, and Rule 28-105.022, FAC.

6. The Board declines to answer the Petition for Declaratory Statement, as

the Board has set forth the training requirements for lawful use of the designation "sex

therapist" in the rule, as required by 490.0143, FS, and, in doing so, left it to the

licensees to determine for themselves whether or not they have achieved the required

training.

7. This Order constitutes final agency action and may be appealed by any party

pursuant to Section 120.68, FS, and Rules 9.1 10 and 9.190, Florida Rules of Appellate

Procedure, by filing a notice of appeal conforming to the requirements of Rule 9.1 10(d),

Florida Rules of Appellate Procedure, both with the appropriate District Court of Appeal,

accompanied by the appropriate filing fee, and with the department's clerk of agency

proceedings, within thirty (30) days of rendition of this Order.

DONE AND ORDERED this fl day of Apr, I ,2008.

BOARD OF PSYCHOLOGY

3 f d Allen Hall, Executive Director for Richard Hoffman, Ph.D., Chair

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished

by U.S. Mail to Jeffrey Lane, Ph.D., Family Psychological Center, P.A., 804 South

Oliver, Wichita, Kansas 67218 ; and by interoffice mail to Mary Ellen Clark, Assistant

Attorney General. LGZy, PL-01 The Capitol, Tallahassee, Florida

32399-1050, this - day of ,2008.

0 Deputy Agency Clerk

Family Psychological Center, P.A.

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1 . Peetition for Declaratory Statement Bafore the Psychology Board, ]Plotids Departmeat of Health, Medical Quality Assurance-Medical Therapies- Psyahology

2. J e f f r e y Lane, Ph.D. F lor rda h c e n s e d Psychologis t PY7576 Kansas L ~ c e n s e d Psycho:oglst 8391 AASZCT C e r t l f l e d Sex The rap i s t CtipLomaLe and C l i n i c a l Supervlrsor American Board of Sexology 61494 Diplomate American Board of Family Psychology 812 American Academy of C l i n i c a l S e x a i o g i s t s : C l i n l c a l Fellow C e r t i f i e a t s #ACE5579

Care Of: t " a i i y Psyc3oLogical Center $04 I. Oliver #$.;:hita, K.S E7213 ~ ~ . i c ~ L i l r ~ e (3151 535-33i 1 ?~csirile- (316: 885-6 !0 :

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Web Faqe: h%% f i lml l y p s ~ ~ h o i o g i ~ i i l ~ e n t e r . corn

3. No l e g a l r e p r e s e n t a t i v e

4 . S t a t u t o r y p rov i s ions , rules, o r o r d e r s on which t h i s d e c l a r a t o r y s ta tement is sought: Based on my p o s i t r o n a s a s u b s t a n t l a l i y a f f e c t e d person , I am t h u s seeking a d e c l a ~ a t o r y statenlent. r ega rd ing a n op ln lon of t h e Buard. My p a r t i c u l a r set circums:ances a r e noted i n R5 of c h i s p e t l t l o n .

ilurida Statutes 120.555 Rulc 28-l05.CCl Florlda ActministraLive Code, Rule 28-195.002 Fiorrda Admlnlstrat ive Code, Florida Statutes 120.565 and 120.57 85, Rule 64819- 18,002, E X credantial requirements for tlrie of Sex Therapist, Specific Authority 440.004 (41, 490.0143 FS. Isax rmplemented 490.003 ( 4 ) , 490.0143 FS. History-new 7-11-84, formaliy 21U-20.002, 61F13-20.002, 59RR-la. 062, Amended 9/18/97.

5. I, Jeffrey Lane, the petit~oner, have been an AASECT certified sex therapist for the past 24 years in full-time practice of psychology and sex therapy at the Family Psychclogical Eenter in Wichita, KS. The requirement for MSECT called for five years pis? l~censure practice, plus passing a test, and completing contznuing education. In 1982, twenty-six years ago, I was awarded a Diplomate in Marital and Sex Therapy, diploma $12, by the American Eioard of Family Psychology, which u1timatel.y remains 3s a Board, though credentialing is now through the American aoand of Examiners in Professional Psychology {FIIEPP!. In 1991, Certification t 1 4 9 4 , was awarded to me as a Clinical Supervisor by the American Roard of Sexology. Finally cerrificate XCF0579 was granfed to me as a Clinical Feliou by the Funerlcan Academy of Clicical Sexologists. Contrnulnq educaciun to nraintain these certificates has occurred across a11 these years. However, I have retained or.ly some specific titles of some o f the courses, especially those that were at a higher level than necessary for the basic Sex Therapist. These were in the areas of Forensic SexologylPsychnlogy, for which m y credentxals have been accepted in Szare, County, and Federal Courts. A copy of the specific continuing education courses I kept note of i s attached to this petrtion.

I an not famiiiar with fhe accepted rnDcie of communication through this petition, and thus, will state my case here in answer to question numbel: five. Credentialed at the highest Level by the naLionls largest and pre-eminent sex therapist certification organization, that is ILLLSECT, 1 have been a practicing therapist for many years. I will be moving to Florida, where I have been recently licensed as e psychologist. My hope is that 1 be allowed to conxinue che practice of sex therapy and that Z may hold myself out to the public as being properly credentialed and supported by the Board a£ Psychology. This might be seen as an atypical grandfathering or a special circumstance for a very senior Level petitioner, as an individual with the credentials

that I have presentea and the experxence that I have in the area of sex therapy. I have included a copy of a page from the AASECT web page, showing my name as being ARSECT certified, one of three within Wichita, Kansas,

I believe that my initial traininq in sex therapy, as $.:ell as continued education through the past rventy soma years far exceeds the 155 clock hours 02 education mering the requirements for Rule 64319-13.003 FAC, in the specific area of sex therapy, and in the interaction between sex therapy and the general provisioa of psychological health services. The rational for requesting a Declaratory Statement frc~rn the Board is twofold: i) S B that I can continue on in a profession for which I ain well qildlificd and expip..risnced, that allows ma to make a I.iving and, 21 Sa thar citizens of Fiosida will have access to one more h igh ly experienced, senior level 'sex therapist thus nelpinq mee: the sexual health care needs of the State of Florida.

Sincere ly ,

~ g f f r e ~ Lane, Fh.D. Xarrsas Licensed PaychnLagist a391 Florida Licensed :'sycholcgisiRPT?S?6 Kansas Llcnnsed Clin1c.l llarriage 6 Family Therapist # l i l y FIASZCT (.:erri:"cl $ex rhcrspise 3 i p l m a t ~ Aneri.;az BoarC of Fan'.il.y Psychaloyy A12 &r:aiicac Board sf Selieiogy, Clinical SilperiiSOT CartifiCaLion 81494 ?msrLPan Aciidomy af Zllzlcal Bexoiugy, Clinical fe l low CercFPicnta ICf0519 Cnunse! :or tho t iat ions1 nagiatrr of Roelch ae r r ice iXr:>r;idr?rn t 2 3 2 3 2 , 1875

t FORENSIC SEXOLOGYPSYCHOLUGY CONTINUING EDUCATION

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Who Can Catch a Liar? A Meta-Analysis of Individual Differences in Detecting Deception, March 2006

Psychosexual Disorders. October 2005

Prison Cjangs: Descriptions and Selected Interventions. October 2005

Treating Abused and Neglected Children. October 2005

De\*elnpmentaf and Motiva~onal Factors of Transnational Terrorists. October 2003

Forensic Cansidemtions for Assessing Violence. August 2005

An Update on the Effects of Marijuana & its Potential h4cdicaI Use. Forensic Foeus. August 2005

Testosterone Treatment in Women. July 2005

Childhood Anirrral Cruelty: A Kcview of Research, As@essmmt, and Thc~peutic Issues. June 2005

Educating All Children Equitably: A Strcngths-Based Appronch to Advocacy for Scxual Minority Youth in Schools. March 2005

Characteristics of Juvenile Fireseffing Across Childhood and Adolescence. December 2004

Violent Media and Videogames. and Their Role in Cmting Violent Youth. Deccn~ber 2004

Managing Client Espectrrtions: Debunking the Myths. December 2004

Adult Malc Survivors of Sexual Abuse: Sexual Issues in Troatmont. November 2004

Assessing Law enforcement l'ersomel: Comparativeuse ofthe MMPI's. American College of Forensic Examiners international. July 2004

Developmental Cons~deratioi~s in the Forensic Assessm~nt of Adolescent Sexual OCfendefs.. . , American College of Forensic Exminers International. June 2004

Independent Custody Evalwti~n: Rendering Assistance to Domestic Relations Attorneys and Cnittts. March 2004

A Contemporary Review of Capital Punishment in America, American College of Forensic Examiners Intmationd. June 2003

The Impact of Identity The% Through Cyberspace. American Calfege of Forensic Examiners ln~ernntional, June 2003

Discourse Analysis for Secretly Trrped Conversations, American College of Forensic Examiners ln\natianai. May 2003

'I\vo Techniques for Assessment of Sexuaf Interest: A Dixussianof the Clinical Utiiitv of Penile ~ l e t h ~ s r n ~ r a p h ~ and Visual Reaciion Time, Rmrim College of Forensic ~xamincri Intemtiosal. April 2003

Advanced Round Table Discussion fur Case Managers. prtsented by Kansas Judicial Center and Counseling & Mediation Center. September 2000

Advanced Case Management Training, presented by Jeanne Eriksoa Ph.D.. Counseling & Mediation Center. Inc. September ZOO0

Deviant Sexual Behat+or, presented by Robert Scholz? MA, CPC, Carondelet Management Institute, Juur 2000

The Kale of the Forensic Psychologist in the Courts. presented by Susan Linn, KDA. June 1999

Domestic Casc Management Iratning, prew~ted by Lloyd C. Swam, JD, Kathy Kirk. SD. David Barnurn, ID. and Wes Cren&uu. Ph.D., Midland Mcdiatian and Settlement Services. the Family Therapy lnsritule Midwest Inc. January 1999

Trcating and Supencising Sex Offenders in the Community, gresmted by Gmy Epp. LSCSW. rt 81.. Pniric Vie\\. November 1998

Responding to Conflict, Hostility and Violence in the Workptace. presented by Gerald Lewis, Ph.D., EMPAC. October 1998

Ethical Considerations for Psychokogists, presented by Don Bemd, Ph.D.. J,D., Executive Commitwe American Psychology Association. June 1997

The Advanced Custody Evaluation Workshop. presented by Barry Bricklin, Ph.D.. Professiotial Acaden~y of Custody Evaluators. February I997

Aggression and Abuse: Clinical and Legal Issues, presented by the University Miami School of Law ad Forensic and Clinicai Psychology Associates. P.A. April 1996

Ethical, Therapeutic and Legal Issues in Mental Health, presented by Formic and Clinical Psyd~oiog?; Associares. and the University of Miami School of Law. April 1995

Forensic Practice. Am. Academy of Forensic Psychology. March 1995

Children, Mentai Health and the Law, presented by Unimity of Miami School of Law. and Forensic md Climcal Psychology Associates. P.A. February 1993 (21 hrsf

Psychological and Psychisme Testimony in Court, presented by Bruce Frumkin, Ph.n., Forensic and Clitlical Psychology Associates, P.A.. and the University of Miami Scl~ool of Law, April 1993 (21 hrs.)

Clinical Assessment of Malingering and Deception, American Academy of Farensic Psychotogy, Marc11 1992 (6 Ius.)

P?.ychoiogy Rules aild Regdidtion?,. presented by Kansas Association of Professional Psychologists. October 1991

Child i\buseliriglect Evaluation PrOgam, presented by Joseph Petty, Ph.D,, Psychological Seminars, Inc. March t 990

Legal Issues in Family Psychology Practice (Ethics Course). presented by Florence Kaslow. Ph.D.. Psychological Seerinars, Inc. Morch 24.1990

'the? Credibility of Children as Witnesses, presented by Theodore Blau, Ph.D., Psychologicel Seminars, fnc March 1990

Tbe Use of Mental Health Experts in Personal Injury Litigation, presented by Theodore 11. Blau, Ph.D.. and Jay Ziskin, Ph'D., LL.B., Psychological Seminars, Inc. March 1988

Evaluation for Psychological Distortion, Deception and Malingering, presented by J. Randdl Price, W.D.. l'gvchalogieal Seminars, inc. Match 1988

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Jeffrey Lsne, Ph.D.

::::On+, Aw~?Uif l &v~r?a%m of Scroxim EJuca:OtrCninwlnrs A ThgmwPs (MSEG), All 1iliiL3 rrsarrPO +%.SEZ'I P,O !3cfx :Q6i, rrulland, Y.4 23@05-t460, Yri 804.:52,@W6, Fax Bi*1,ISil.!>iSiF, nluLfllrP$eC;.crl