Morgan v. Department of Financial and Professional Regulation

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State: Illinois

Court: 1st District Appellate

Docket No: 1-07-1058 Rel

Case Date: 02/13/2009

Preview:Sixth Division February 13, 2009

No. 1-07-1058 RUSSELL A. MORGAN, Plaintiff-Appellant, v. THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION, and DANIEL E. BLUTHARDT, Acting Director of the Division of Professional Regulation of the Illinois Department of Financial and Professional Regulation, Defendants-Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County

05 CH 21064

Honorable Nancy J. Arnold, Judge Presiding

JUSTICE McBRIDE delivered the opinion of the court: This is an appeal from an order of the circuit court affirming the revocation of Dr. Russell Morgan's license to practice clinical psychology by the Illinois Department of Financial and Professional Regulation. For the reasons that follow, we affirm. I. BACKGROUND On February 23, 2005, the Illinois Department of Financial and Professional Regulation filed a petition praying for the summary suspension of Dr. Russell Morgan's clinical psychologist license based upon allegations that he engaged in inappropriate sexual conduct with four of his female patients by touching their breasts and vaginas during treatment sessions. Three of these violations occurred at the Royal Oaks Care Center, a residential facility, in Kewanee, Illinois, with which plaintiff had contracted to provide psychological services to its patients. Because of this conduct, the Department asserted that Dr. Morgan's continued practice of clinical

1-07-1058 psychology posed an imminent danger to the public and prayed that his license be temporarily suspended pending proceedings before the Clinical Psychologists Licensing and Disciplinary Board. The record on appeal does not reveal whether plaintiff received notice of this petition. That same day, the Department also filed an administrative complaint against Dr. Morgan alleging, in part, that he engaged in inappropriate sexual behavior with four female patients. The Department specifically alleged that: (1) on or about October 15, 2004, plaintiff placed his hands under the clothing of an 84-year-old patient named H.L., fondled her breast and digitally penetrated her vagina1; (2) in or about December 2004, plaintiff instructed a 56-year-old patient named J.L.to lift up her shirt, sucked on her nipple, and placing his finger upon and in her vagina, digitally stimulating her vaginal area; (3) in or about December 2004, plaintiff instructed a 26year-old patient named K.T. to lie on her bed and listen to relaxation tapes and while she was complying with these instructions, he reached under her blouse and fondled her breast and reached inside her pants and touched her vagina; and (4) in or about December 2004, plaintiff instructed a 38-year-old patient named S.G.-N. to lie on her bed and listen to relaxation tapes, and while she was complying with these instructions, he reached under her blouse and fondled her breast and reached inside her pants and touched her vagina. The Department alleged that each act of misconduct violated six separate professional regulations and accordingly charged plaintiff with 24 counts of misconduct relating to those acts,

After an evidentiary hearing, the administrative law judge found that the Department failed to meet its burden with respect to plaintiff's alleged conduct with H.L. and this recommendation was adopted by the Board and director of the Department. Accordingly, the evidence, as it relates to any alleged misconduct of plaintiff toward H.L., need not be articulated here. 2

1

1-07-1058 six counts per patient. In doing so, the Department relied on its authority under section 15(7) of the Clinical Psychologist Licensing Act (Licensing Act) (225 ILCS 15/15(7)(West 2004)), which grants it the authority to discipline a psychologist for "[u]nethical, unauthorized, or unprofessional conduct as defined by rule." In counts I, VII, XIII, and XIX, the Department sought the suspension or revocation of plaintiff's license under section 1400.80(i) of Title 68 of the Illinois Administrative Code (68 Ill. Adm. Code

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