BEFORE THE ARIZONA STATE BOARD OF BEHAVIORAL HEALTH EXAMINERS. After consideration of the documentation provided by Mr. Harris and the Substance Abuse

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1 1 BEFORE THE ARIZONA STATE BOARD OF BEHAVIORAL HEALTH EXAMINERS 2 3 In the Matter of: Case Nos.: , PAUL J. HARRIS Licensed Substance Abuse Technician, LSAT In the State of Arizona. RELEASE FROM CONSENT AGREEMENT AND ORDER The Board received a request from Paul J. Harris to release him from the terms and conditions of the Consent Agreement and Order dated J"muary 11, After consideration of the documentation provided by Mr. Harris and the Substance Abuse Credentialing Committee's recommendation supporting release from the terms and conditions of the Consent Agreement and Order dated Janu"lry 11, 2010, the Board noted that Mr. Harris complied with all of the terms and conditions of the Consent i~greement and Order. ORDER GOOD CAUSE APPEARING, IT IS THEREFORE ORDERED THAT: Mr. Harris is hereby released from all terms and conditions of the Consent Agreement and Order dated January 11, $1 IV\ DATED this L day of ~~~, ARIZONA STATE BOARD OF BEHAVIORAL HEALTH EXAMINERS ~ tl4.~ 1 DEBRA RINAUDO, xecutiveojreor By:a9_~<L.lA

2 ORIGINIAL of the foregoing filed This [5-i- day of ~:r:=-",!:::.<:::;:-..g.:::...-, 2011, with: Arizona Board of Behavioral Health Examiners 3443 North Central Avenue, Suite 1700 Phoenix, Arizona COpy of the foregoing certified mailed: This \ s.+: day of -::r::......~,2011, Certified mail no ,090000/ ~ l.. ~( S, to: Paul J. Harris Address of Record Respondent Marc H. Harris Assistant Attorney General 1275 West Washington CIVILES Phoenix, Arizona Attorney for the Board of Behavioral Health Examiners (1 Tobi Zavala Compliance Officer

3 1 BEFORE THE ARIZONA BOARD 2 OF BEHAVIORAL HEALTH EXAMINERS 3 In the Matter of: 4 PAUL J. HARRIS, LSAT-12030, Licensed Substance Abuse Tf~chnician, 5 In the State of Arizona. CASE NO CASE NO CONSENT AGREEMENT 6 RESPONDENT In the interest of a prompt and speedy settlement of the above captioned matter, consistent with the public interest, statutory requirements and responsibilities of the Arizona State Board of Behavioral Health Examiners ("Board»), and pursuant to A.R.S (H) 11 and (F)(5), Paul J. Harris ("Respondent") and the Board enter into this Consent Agreement, Findings of Fact, Conclusions of Law and Order ("Consent Agreement") as a final disposition of this matter. 14 RECITALS Respondent understands and agrees that: 16 Any record prepared in this matter, all investigative materials prepared or received by the Board concerning the allegations, and all related materials and exhibits may be 18 retained in the Board's file pertaining to this matter., Respondent has the right to a formal administrative hearing at which 20 Respondent can present evidemce and cross examine the State's witnesses. Respondent 21 hereby irrevocably waives his right to such formal hearing concerning these allegations and 22 irrevocably waives his right to any rehearing or judicial review relating to the allegations 23 contained in this Consent Agreement. 24 Respondent has the right to consult with an attorney prior to entering into this 3. Consent Agreement. -1 C;\Oocuments and Settings.\MHarvey\My COC~OI'l}p.lain1&, against Licensees\Consent Agreement Compliance Issues\HARRIS,Paul \HARRIRCA.Dr2.doc

4 1 4. Respondent acknowledges and agrees that upon signing this Consent 2 Agreement and returning it to the Board's Executive Director, Respondent may not revoke his 3 acceptance of this Consent Agreerrent or make any modifications to it. Any modification of this 4 original document is ineffective and void unless mutually approved by the parties in writing The findings contained in the Findings of Fact portion of this Consent Agreement 6 are conclusive evidence of the facts stated herein and may be used for purposes of 7 determining sanctions in any future disciplinary matter This Consenf Agreement is subject.to the Board's approval~ and will be effective 9 only when the Board accepts it In the event the Board in its discretion does not approve this 10 Consent Agreement, this Consent Aweement is withdrawn and shall be of no evidentiary value, 11 nor shall it be relied upon or introduced in any disciplinary action by any party hereto, except 12 that Respondent agrees that should the Board reject this Consent Agreement and this case 13 proceeds to hearing, Respondent shall assert no claim that the Board was prejudiced by its 14 review and discussion of this document or of any records relating thereto. 7. Respondent under3tands that once the Board approves and signs this Consent 16,Agreement, it is a public record that may be publicly disseminated as a formal action of the 17 Board, and that it shall be reported as required by law to the National Practitioner Data Bank 18 and the Healthcare Integrity and Protection Data Bank Respondent furthe!r understands that any violation of this Consent Agreement 20 constimes unprofessional conduct pursuant to A.R.S (n) and may result in 21 disciplinary action pursuant to A.F<.S The Board therefore retains jurisdiction over Respondent and may initiate 23 disciplinary action against Respondent if it determines that he has failed to comply with the 24 terms of this Consent Agreement or of the practice act. -2 C:\Documents and Settings\MHarvey\My Oocuments\Complaints against Licensees\Consent Agreement Compliance Issues\HARRIS, Paul O-OO12\HARRIS.CA.Dr2.dQC

5 The Board issues the following Findings of Fact. Conclusions of Law and Order: 2 FINDINGS OF FACT 3 1. Respondent is the holder of License No. LSA T for the practice of 4 substance abuse counseling in Arizona On 05/07/08. Respondent submitted his application for licensed substance abus 6 technician in Arizona Respondent acknowledged a 20-year history of alcohol abuse and receiving two 8 DUI citations Respondent indicated that he had received therapy for 3 years from Michael 10 Mahl, M.D.. a psychiatrist with a specialty in addiction medicine On 07/29/08, the Arizona Medical Board accepted an order suspending Dr. 12 Mahl's license to practice medicine based on that fact that Dr. Mahl tested positive for 13 marijuana after completion of his participation in the Medical Board's Monitored Aftercare 14 Program. 6. In late 08/08 or early 09/08, Respondent became awane that Dr. Mahl's license 16 had been suspended Respondent participated in the Substance Abuse Gredentialing Committee's 18 ("SAGG") 09/19/08 discussion reg a rd in!;ii his background issues and application for licensure. 19 He did not disclose any information regarding the suspension of Dr. Mahl's license After reviewing information Respondent previously provided indicating that he 21 was continuing to receive treatment from Dr. Mahl, the SAGG opened a complaint and voted to 22 offer to license Respondent subject to a consent agreement that included a term requiring 23 continued therapy with Dr. Mahl on a schedule determined by Dr. Mahl On 10/07/08, Respondent signed the consent agreement as offered by the SAGG even though he knew at the time~ that he would not be able to comply with the consent -3 C:\Documents aniseuings\mharvey\my Documents\Complaints against Licensees\Consent Agreement Compliance Issues\HARRIS. Paul- 20m-0012\HARRTS.CA.Or2.dol:

6 1 agreement term requiring that he continue treatment with Dr. Mahl On the Board issued Respondent's LSAT license subject to the 3 proposed consent agreement On 03/26/09, Respondent advised the Board that he could not comply with the 5 therapy requirement in the consent agreement because of the suspension of Dr. Mah/'s license. 6 This was 7 months after the professional learned of the suspension of Dr. Mah/'s medical 7 license On 07124/09, after a review of the request. the SAGG voted to open a new 9 complaint against Respondent for failing to disclose the suspension of Dr. Mahl's license in a 10 timely manner The SAee ordered that Respondent complete a psychiatric evaluation and a 12 SUbstance abuse evaluation In 08/09, the psychiatrist who evaluated Respondent recommended that 14 Respondent continue to receive psychiatric treatment and begin psychotherapy. 16 CONCLUSIONS OF LAW The Board has jurisdiction over Respondent pursuant to ARS et 18 seq. and the rules promulgated by the Board relating to Respondent's professional practice as 19 'a licensed behavioral health professional The conduct and circumstances described in the Findings of Fact constitute a 21 violation' of ARS (1:2)(c)(i), any oral or written misrepresentation of a fact by an 22 applicant or licensee to secure or attempt to secure the issuance of a license The conduct and circumstances described in the Findings of Fact further 24 constitute a violation of A.RS (12)(1), any conduct. practice or condition that impairs the ability of the licensee to safely and competently practice the licensee's profession. -4 c:\oocumenis and SettingsIMHarveylMy [){:,cuments\complaints against licensees\consent Agreement Compliance Issues\HARRIS, Paul \HARRIS.CA.0r2.doc

7 ORDER 2 Based upon the foregoing Findings of Fact and Conclusions of Law, the parties agree to 3 the provisions and penalties imposed as follows: 4' 1. Respondent's license, LSAT-12030, will be placed on probation for 24 months, 5 effective from the date of entry as signed below. 6 Employment 7 2. While on probation, Respondent shall only practice in an agency licensed with the 8 Arizona Department of Health Services, Office of Behavioral Health Licensure. 9 Clinical Supervision While on probation, Respondent shall submit to clinical supervision for a minimum 11 period of 24 months by a masters or higher level behavioral health professional licensed at the 12 independent level. Within 30 days of the date of beginning behavioral health-related 13 employment, Respondent shall submit the name of a clinical supervisor for pre-approval by the 14 Substance Abuse Committee Chair or designee. Also within 30 days of the date of beginning behavioral health-related employment, the clinical supervisor shall submit a Jetter disclosing 16 his/her prior relationship to Respond :nt. In that letter, the supervisor must address why he/she 17 should be approved, acknowledge that he/she has reviewed the Consent Agreement and 18 include the results of an initial assessment and a supervision plan regarding the proposed 19 supervision of Respondent. The lette:r from the supervisor shall be submitted to the Board. 20 Focus and Frequency of Clinical Supervision The focus of the supervision shall relate to clinical practice, stressors, and relapse 22 prevention. Respondent shall meet in person with the supervisor at least 1 hour weekly if 23 working full-time or 1 hour every 2 w,~eks if working less than 20 hours weekly C:\Documents and SettingsIMHarvey\My Documents\Complaints against Licensees\Consent Agreement Compliance Issues\HARRIS, Paul \HARR1S.CA.Dr2.doc

8 Quarterlv. Reports 2 5. Once approved, the supbrvisor shah submit quarterly reports for review and approval 3 by the Substance Abuse Credentraling Committee Chair or designee. The quarterly reports 4 shall include issues presented in this consent agreement that need to be reported and the 5 supervisor shah notify the Board if more frequent supervision is needed. After 24 months, the 6 supervisor shall submit a final summary report for review and approval by the Substance Abuse 7 Credentialing Committee Chair or designee. 8 Change of Clinical SUQervisor During Probation 9 6. If, during the period of Respondent's probation, the clinical supervisor determines that 10 he/she cannot continue as the clinical supervisor, he/she shall notify the Board within 10 days 11 of the end of supervision and provide the Board with an interim final report. Respondent shall 12 advise the Substance Abuse Committee chair or designee within 30 days of cessation of 13 clinical supervision by the approved clinical supervisor of the name of a new proposed clinical 14 supervisor. The proposed clinical supervisor shall provide the same documentation to the Board as was required of the initial clinical supervisor. 16 Therapy During the period of probation, Respondent shall attend therapy for 24 months 18 with a psychologist, a licensed professional counselor, a licensed marriage and family therapist 19 or a licensed clinical social worker with expertise in SUbstance abuse/dependency issues. 20 Within 30 days of the date of this Consent Agreement, Respondent shall submit the name of 21 his/her therapist and the therapi!~t's curriculum vitae for pre-approval by the Substance Abuse 22 Committee Chair or designee. Also within 30 days of the date of this Consent Agreement, the 23 therapist shall submit a letter addressing why he/she should be approved, acknowledging that 24 he/she has reviewed the Consent Agreement and include the results of an initial assessment and a treatment plan regarding the proposed treatment of Respondent. The proposed --6 C:\Documents and Settings\MHarvey\My Documents\Complaints against licensees\consent Agreement Compliance Issues\HARRIS. Paul- 201 O-OO12\HARRIS. CA.Dr2.doc

9 1 treatment plan shall address the frequency of therapy required, with a minimum of twice 2 monthly for the first four months Upon approval, the Board will provide the therapist with copies of any required 4 evaluations completed at the request of the Board prior to this Consent Agreement and the 5 Board's investigative report. 6 frequency of Therapy 7 9. Respondent shall meet in person with the therapist at a frequency determined by 8 the therapist, with a minimum of twice: monthly for the first four months. 9 Reports Once approved, the therapist shalf submit quarterly reports to the Committee 11 and a final summary report to the i30ard for review and approval by the Substance Abuse 12 Credentialing Committee chair or designee. The quarterly reports shall include issues 13 presented in this consent agreement that need to be reported and the therapist shall notify the 14 Board if more frequent therapy is needed. The reports shall address Respondent's current mental health status, medications prescribed, if any, treatment recommendation, and shall 16 report if, in his/her professional opinion, Respondent becomes unable to practice 17 psychotherapy safely and competenlly. The final report shall also contain a recommendation as 18 to whether the Respondent should be released from this Consent Agreement. 19 Biological Fluid Testing Within 10 days of the! effective date of this Order, Respondent shall enroll in a 21 program that meets Board criteria for observed random biological fluid testing. The chemicals 22 tested shall be determined by the Substance Abuse Credentialing Committee Chair or 23 designee. Random testing shall be done at a minimum of twice monthly and may be required 24 more frequently as requested by the; Board or its designee. Respondent shall direct the Board approved testing laboratory to provide a copy of each test result to the Board. Respondent -7 C:\Documenfs and Settings\MHarvey\My Documents\Complainfs against Licensees\Consent Agreement Compliance Issues\HARRIS, Paul \HARRIS.CA.Dr2.doc

10 1 shall direct the Board-approved testing laboratory to advise the Board or its designee within 7 2 days regarding any issue of noncompliance by Respondent. Respondent shall notify the 3 biological fluid testing laboratory and the Board, in writing, of unavailability to test prior to an 4 anticipated absence or if unable to provide a sample due to illness. Respondent must submit in 5 writing within 7 days of the missed specimen, documentation from a treating physician who has 6 personally evaluated Respondent on the day of the requested screen that Respondent was not 7 physically able to report to the laboratory for biological fluid testing. Failure to provide a random 8 biological fluid sample or a positive drug screen showing evidence of any drug other than an 9 authorized medication is considered non-compliance with this Consent Agreement. The 10 following situations will also constitute a failure to show for random biological fluid sample 11 testing: submission of a specimen where the integrity has been compromised as indicated by 12 the presence of adulterants, with determination made by laboratory personnel; failure to provide 13 a biological fluid sample on a day when a sample is requested by either the Board, its designee 14 or the laboratory; submission of a sample that is below acceptable volume or temperature to be tested; failure to provide written advance notice of anticipated absence; failure to provide 16 written verification of illness from a physician within 7 days of the missed specimen. A positive 17 drug screen for an illegal drug or a medication for which Respondent has no authorized 18 prescription or a failure to show for the specimen testing will constitute non-compliance with this 19 Consent Agreement. Respondent shall notify the Board within 24 hours of any positive drug 20 screen showing evidence of any drug othl~r than an authorized medication The biological fluid testin I required under paragraph 11 of this order shall be 22 stayed as long as Respondent remains employed with his current employer, The Geo Group 23 Inc., which does random biological fluid testing. If Respondent leaves his current position, he 24 shall notify the Board within 5 business clays and shall begin biological fluid testing as required under paragraph 11 of this order. -8 C:\Documenls and Settings\MHarvey\My Oocuments\Cc.mplairrts against Licensees\Consent Agreement Compliance Issues\HARRIS, Paul O-OO12\HARRIS.CA.Dl2.doc

11 1 13. Respondent shall abs tain completely from the personal use of the following 2 substances: opiates, foodstuffs containing poppy seeds, foodstuffs containing hemp products, 3 and heibal or health preparations containing derivatives of controlled substances. Respondent 4 is fully responsible for any and all ingested materials and their contents Respondent shall abstain completely from the personal use of alcohol or 6 controlled substances or possession of controlled substances, as defined in the State 7 Controlled Substances Act and Dangerous Drugs and Narcotics as defined by law or any drugs 8 requiring a prescription. Respondent shall abstain from the use of alcohol and all over-the 9 counter medications except plain asp:'rin, acetaminophen, or ibuprofen. 10. Orders prohibiting Respondent from personal use or possession of controlled 11 substances, dangerous drugs, narcotics, or medications do not apply to medications lawfully 12 prescribed to Respondent for a bona fide illness or condition by a medical care provider. During 13 the duration of this Consent Agreement, Respondent shall select one (1) medical care provider 14 to coordinate his health care needs and to be aware of all prescriptions utilized by Respondent. Respondent shall immediately submit to that provider a copy of this Consent Agreement and 16 shall execute all release of informahon forms as required by the Board or its designee. The 17 medical care provider shall, within 'i4 days of the effective date of this Consent Agreement, 18 inform the Board, in writing, of knowledge of Respondent's Consent Agreement and provide a 19 list of medications prescribed for Respondent. During the duration of this Consent Agreement, 20 Respondent shall cause all providers to notify the Board of any additional medications ordered 21 by the provider. The notification s"all be made in writing within 7 days of the provider's 22 issuance of the prescription If Respondent has a lawful prescription for a narcotic or mood-altering drug, 24 Respondent shall cause his prescribing provider to submit monthly reports to the Board by the 30 lh day of each month regarding the continued need for the prescribed narcotic or mood -9 C:\Oocuments and Settings\MHarvey\My Documents\Complaints against licensees\consent Agreement Compliance Issues\fotARRIS, Paul \HARRIS.CADI2.doc

12 altering medications. The Board or its designee may, at any time, request the provider to 2 document the continued need for prescribed medications. Respondent shall keep a written 3 record of medications taken, including over the counter drugs, and produce such record upon 4 request by the Board or its designe,e. 5 Early Release After 12 months and upon the supervisor's and therapist's recommendations, 7 Respondent may request early release from the Consent Agreement if all other terms of the 8 Consent Agreement have been mf:t. 9 Investigative Costs Respondent shall '"eimburse the Board its investigation costs by submitting a 11 certified check or money order payable to the Board in the amount of $ within 30 days of 12 the effective date of this Consent Agreement Payment of investigative costs shall be stayed as long as Respondent remains 14 compliant with the terms of the Order. If Board staff determines that Respondent is noncompliant with the terms of the Order in any respect, the stay of the payment of the 16 investigative costs shall be automatically lifted. Payment of the investigative costs set forth 17 above shall be made to the Board within 30 days of being notified of the lifting oflhe stay Within 10 days of being notified of the lifting of the stay, Respondent may 19 request that the matter be reviewed by the Board for the sole purpose of determining whether 20 the automatic lifting of the stay was supported by substantial evidence. If the request, which 21 shall be in writing, is received within 10 days of a regularly scheduled Board meeting, the 22 request will not be heard at that meeting. but will be heard at the next regularly scheduled 23 Board meeting. The Board's decsion on this matter shall not be subject to further review The Board reserves the right to take further disciplinary action against Respondent for noncompliance with this consent agreement after affording Respondent notice -10 C:\Documents and Settings\MHarvey\My Documenfs\Complainfs against Licensees\Consent Agreement Compliance Issues\HARRIS, Paul \HARRIS.CADr2.doc

13 1 and an opportunity to be heard. If a complaint is filed against Respondent for failure to comply 2 with the Order, the Board shall have continuing jurisdiction until the matter is final and the 3 period of probation shall be extended until the matter is final. 4 General Provisions Within 10 days of the effective date of this Order, Respondent shall provide the 6 Substance Abuse Credentialing Committee Chair or designee with a signed statement from 7 Respondent's employer confirming Respondent provided the employer with a copy of this 8 Consent Agreement. If Respondent does not provide the employer's statement to the Board 9 within 10 days of the effective date, the Board will provide Respondent's employer with a copy 10 of the Consent Agreement If, during the period of Respondent's probation, Respondent changes 12 employment, Respondent shall immediately inform the Board of the new employment and shall 13 within 10 days of starting each new employment, provide the Substance Abuse Credentialing 14 Committee Chair or designee with a signed statement from Respondent's new employer confirming Respondent provided the employer with a copy of this Consent Agreement. If 16 Respondent does not provide the employer's statement to the Board within 10 days of the 17 effective date, the Board will provide Respondent's employer with a copy of the Consent 18 Agreement Respondent shall practice substance abuse counseling using the name under 20 which he is licensed. If Respondent changes his name, he shall advise the Board of the name 21 change as prescribed under the Board's regulations and rules. 22. Prior to the release of Respondent from probation, Respondent must submit a 23 written request to the Board for release from the terms of this Consent Agreement at least days prior to the date he would like to have this matter appear before the Board. Respondent may appear before the Board, either in person or telephonically. Respondent must provide -11 C:\Oocuments and SettillQS\MHarvey\My Docurnents\Complaints against licensees\consent Agreement Compliance Issues\HARRIS. Paul OOt2\HARRIS.CA.Dr2.doc

14 12/91/ ;28 PHARRIS #993 Page 92!91 1 evidence that he has successfully safuified as tenns and conditions in this Consent Agreement.. 2 The Board has the sole discretion to detennine whether all tenns and conditions of this 3 Consent Agreement have been met (lnd whether Respondent has adequately demonstrated 4 that he has addressed tho issues contained in this Consent Agreement. In the event that the 5 Board determines that any or all tenns and conditions of this Consent Agreement have not 6 been met, the Board may conduct such further proceedings as It detennines are appropriate to 7 address those matters Respondent shall bear all costs relating to probation terms required in this 9 Consent Agreement Respondent shalt be responsible for ensuring that all documentation required in 11 this Consent Agreement is provided to the Board in a timely m.c:mner., f This Consent Agreement shall be effective on the date of entry below This Consent Agreemel'lt is conclusive evidence of the matters desaibed herein 14 and may be considered by the Board in detennining appropriate sanctions in the event a subsequent violation occurs PROFESSIONAL ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT 18 fjajo. ~ 19 PAUL J. HARJif'S Date I ~. 20 SOARD ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT n 24 DaIEd til;, ll iil day Df ~~ 2rJi. tx. ~ Ie By: (51i.d<L 1 ila..,;.,7:,. O 'n lls (Q; ~ a w~~ DEC U 8SHE DEBRA RINAUDO, Executive Director Arizona Board of Behavioral Health Examiners I -12

15 ORIGINAL of the foregoing filed This l~ day of :::Jaa'\.r J v-:-:1 2 Arizona Board of Behavioral Health EX<;lminers N. Central Ave., Suite 1700 Phoenix, AZ COpy of the foregoing mailed via 5 I _, 2009, with: C2.- Certified mail no. :7Q(fb OS=OO 000I Co?..cfi S~i This ~day of ~SJ1tav~,2009, to: 6 Paul J. Harris \ 7 Address of Record Respondent 8 9 '\' 10 LA~ C:\Documents and Settio!;Js\MHarvey\My Documents\Complaints against Licensees\Consent Agreement Compliance Issues\HARRIS, Paul \HARRIS.CA.Dr<~.doc

16 1 2 BEFORE THE ARIZONA BOARD OF BEHAVIORAL HEALTH EXAMINERS In the Matter of: PAUL J. HARRIS, Applicant, Licensed Substance Abuse Technician, In the State of Arizona. Respondent COMPLAINT NO CONSENT AGREEMENT AND ORDER FOR ISSUANCE OF LICENSE In the interest of a prompt and speedy settlement of the above captioned matter, consistent with the public interest, statutory requirements and responsibilities of the Arizon State Board of Behavioral Health Examiners ("Board"), and pursuant to A.R.S (H and (F)(5), Paul J. Harris ("Respondent") and the Board enter into this Consen Agreement, Findings of Fact, Conclusions of Law and Order ("Consent Agreement") as a fina disposition of this matter. RECITALS Respondent understands and a~,rees that: 1. Any record prepared in this matter, all investigative materials prepared or received b the Board concerning the allegations, and all related materials and exhibits may be retained i the Board's file pertaining to this matter. 2. Respondent has the right to a formal administrative hearing at which Responden can present evidence and cross examinl3 the State's witnesses. Respondent hereby irrevocabl '~~.,,,..,, waives his right to such formal hearing Goncerning these allegations and irrevocably waives hi right to any rehearing or judicial review relating to the allegations contained in this Consen Agreement, Findings of Fact, Conclusions of Law and Order. 3. Respondent has the right to consult with an attorney prior to entering into thi Consent Agreement. -1

17 4. Respondent acknowledges and agrees that upon signing this Consent Agreemen 2 and returning it to the Board's Executive Director, Respondent may not revoke his acceptan 3 of this Consent Agreement or make any modifications to it. Any modification of this origina 4 document is ineffective and void unless mutually approved by the parties in writing The findings contained in the Findings of Fact portion of this Consent Agreement ar 6 conclusive evidence of the facts stated herein and may be used for purposes of determinin 7 sanctions in any future disciplinary mattler This Consent Agreement is subject to the Board's approval, and will be effective onl 9 when the Board accepts it. In the event the Board in its discretion does not approve thi 10 Consent Agreement, this Consent Agrelement is withdrawn and shall be of no evidentiary value, 11 nor shall it be relied upon or introduced in any disciplinary action by any party hereto, excep 12 that Respondent agrees that should the Board reject this Consent Agreement and this cas 13 proceeds to hearing, Respondent shall assert no claim that the Board was prejudiced by it 14 review and discussion of this document or of any records relating thereto. 7. Respondent further understands that once the Board approves and signs thi 16 Consent Agreement, it shall constitute a public record that may be disseminated as a forma 17 action of the Board The Board issues the following Fiindings of Fact, Conclusions of Law and Order: 20 FINDINGS OF FACT On May 7, 2008, Respondent submitted his application for licensed substance abus 22 technician in Arizona Respondent acknowledged a 20-year history of alcohol abuse and receiving two DUI 24 citations. -2

18 3. Respondent receives therapy from Michael Mahl, M.D., a psychiatrist with a specialty 2 in addiction medicine. 3 CONCLUSIONS OF LAW 4 1. The Board has jurisdiction OVl3r Respondent pursuant to A.R.S et seq. 5 and the rules promulgated by the Board relating to Respondent's professional practice as a 6 licensed behavioral health professional The conduct and circumstances described in the Findings of Fact constitute 8 violation of A.R.S (12)(1), any conduct, practice, or condition that impairs the ability 0 9 the licensee to safely and competently practice the licensee's profession ORDER 12 Based upon the foregoing Findinus of Fact and Conclusions of Law, the parties agree t 13 the provisions and penalties imposed as follows: Respondent's application to be a licensed substance abuse technician is approve pending Respondent's passage of the (CiRC/Alcohol and Other Drug Abuse or NAADAC Level II 16 or higher examination The license issued to Respondent pursuant to paragraph 1 will be immediatel 18 placed on probation for a minimum period of 12 months. 19 jemployment While on probation, Respondent shall only practice in an agency licensed with th 21 Arizona Department of Health Services, Office of Behavioral Health Licensure. 22 Cliniical Supervision While on probation, Respondent shall submit to clinical supervision for a minimu 24 period of 12 months by a masters or higher level behavioral health professional licensed at th independent level. Within 30 days of the date of beginning behavioral health-relate -3

19 employment, Respondent shall submit the name of a clinical supervisor for pre-approval by th 2 Substance Abuse Committee Chair or designee. Also within 30 days of the date of beginnin 3 behavioral health-related employment, the clinical supervisor shall submit a letter disclosin 4 his/her prior relationship to Respondent. In that letter, the supervisor must address why he/sh 5 should be approved, acknowledge that he/she has reviewed the Consent Agreement an 6 include the results of an initial asses8ment and a supervision plan regarding the propose 7 supervision of Respondent. The letter from the supervisor shall be submitted to the Board. 8 Focus and Fr!ill!ency of Clinical Supervision 9 5. The focus of the supervision shall relate to clinical practice, stressors, and relaps 10 prevention. Respondent shall meet in person with the supervisor at least 1 hour for every 4 11 hours worked. 12 Quarterly Reports Once approved. the supervisor shall submit quarterly reports for review and approva 14 by the Substance Abuse Credentialing Committee Chair or designee. The quarterly reports shal include issues presented in this consent agreement that need to be reported and the superviso 16 shall notify the Board if more frequent supervision is needed. After 12 months, the superviso 17 shall submit a final summary report for review and approval by the Substance Abus 18 Credentialing Committee Chair or designee. 19 Change of Clinical Supervisor During Probation If, during the period of Respondent's probation, the clinical supervisor determines tha 21 he/she cannot continue as the clinical supervisor, he/she shall notify the Board within 10 days 0 22 the end of supervision and provide the Board with an interim final report. Respondent shal 23 advise the Substance Abuse Committee chair or designee within 30 days of cessation of c1inica 24 supervision by the approved clinical supervisor of the name of a new proposed clinica -4

20 supervisor. The proposed clinical supervisor shall provide the same documentation to the Boar 2 as was required of the initial clinical supervisor. 3 Therapy 4 8. During the period of probation, Respondent shall attend therapy with Dr. Mahl. 5 Fnequency of Therapy 6 9. Respondent shall meet in person with Dr. Mahl on a schedule determined by th 7 therapist. 8 ~)uarterly Reports Dr. Mahl shall submit quarterly reports to the Substance Abuse Credentialin 10 Committee and a final summary report to the Board for review and approval by the Substanc 11 Abuse Credentialing Committee chair or designee. The quarterly reports shall include issue 12 presented in this consent agreement thi:jt need to be reported and the therapist shall notify th 13 Board if more frequent therapy is needed. 14 Ge!neral Provisions 11. Within 10 days of obtaining a behavioral health-related position, Respondent shat 16 provide the Substance Abuse Credentialing Committee Chair or designee with a signe 17 statement from Respondent's employer confirming Respondent provided the employer with 18 copy of this Consent Agreement and Order. If Respondent does not provide the employer' 19 statement to the Board within 10 days of beginning employment, the Board will provid 20 Respondent's employer with a copy of thb Consent Agreement and Order If, duringjhe period of Respondent's probation, Respondent changes employment 22 Respondent shall immediately inform the Board of the new employment and shall within 10 day 23 of starting each new employment, provide the Substance Abuse Credentialing Committee Chai 24 or designee with a signed statement from Respondent's new employer confirming Responden provided the employer with a copy of this Consent Agreement and Order. If Respondent doe -5

21 not provide the employer's statement to the Board within 10 days of the effective date, th Board will provide Respondent's employer with a copy of the Consent Agreement and Order. 13. Prior to the release of RE!spondent from probation. Respondent must submit written request to the Board for release from the terms of this Consent Agreement and Order a least 30 days prior to the date he would like to have this matter appear before the Board Respondent may appear before the Board. either in person or telephonically. Respondent mus provide evidence that he has successfully satisfied all terms and conditions in this Consen Agreement. The Board has the sale discretion to determine whether all terms and conditions a this Consent Agreement and Order have been met and whether Respondent has adequatel demonstrated that he has addressed the issues contained in this Consent Agreement an Order. In the event that the Board determines that any or all terms and conditions of thi Consent Agreement and Order have not been met, the Board may conduct such furthe proceedings as it determines are appropriate to address those matters. 14. Respondent shall not provide clinical supervision while under probation.. Respondent shall bear all costs relating to probation terms required in this Consen Agreement and Order. 16. Respondent shall be responsible for ensuring that all documentation required in thi Consent Agreement and Order is provided to the Board in a timely manner. 17. This Consent Agreement and Order shall be effective on the date of entry below. 18. This Consent Agreement and Order is conclusive evidence of the matters describe herein and may be considered by the Boalrd in determining appropriate sanctions in the event a subsequent violation occurs. APPLICANT ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT )?~~.~ /0/1/08 Paul J. Harris Date r ' -6

22 BOARD ACCEPTS, SIGNS AND DATES THIS CONSENT AGREEMENT Dated this dl( ~ day of NV\K-.M th/1,2008. By: 12JLM JJVNA:L DEBRA RINAUDO, Executive Director Arizona Board of Behavioral Health Examiners ORIGIMk of the forelft9 f~ This ~ day of ~ ~, 2008, with: Arizona Board of Behavioral Health Examiners 3443 N. Central Ave., Suite 1700 Phoenix, AZ COpy of the foregoing mailed via d'.ll ; ("' 1 1 Q' CertifiY2 [Jail no. JD(ll!r?J)~ ~~..-.::...~~()-'o=--- This ~ day of ~,2008, to: Paul J. Harris Address of Record Respondent