BEFORE THE BOARD OF PSYCHOLOGIST EXAMINERS STATE OF OREGON ) ) ) ) ) The Board of Psychologist Examiners (Board) is the state agency responsible for
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1 BEFORE THE BOARD OF PSYCHOLOGIST EXAMINERS STATE OF OREGON In the Matter of BENJAMIN DUNAGAN, Psy.D. LICENSE NO ) ) ) ) ) AGENCY NO: OBPE # STIPULATED ORDER The Board of Psychologist Examiners (Board) is the state agency responsible for licensing and disciplining psychologists, and for regulating the practice of psychology in the State of Oregon. Benjamin Dunagan, Psy.D. (Licensee) is licensed by the Board to practice psychology in the State of Oregon. 1. On November 24, 2014, the Board issued a Notice of Proposed Terms of Discipline and Probation. The Board s Notice was based on the following facts that constitute violations of ORS and specified ethical standards: 1.1 Licensee received a license to practice psychology in Oregon on November 13, Licensee previously practiced psychology in Colorado. Licensee has informed the Board that he engaged in sexual relations in 2013 with an adult female client (Client A) during two therapy sessions while practicing psychology in Colorado. Client A initially came to see Licensee on referral from her primary care physician on or about July 22, She had a history of depression and reported marital conflict and some suicidal ideation. Client A began to meet with Licensee for weekly sessions. She later met with Licensee for sessions twice monthly as Client A reportedly improved. Licensee decided to move to another practice setting and took steps to terminate the psychologist client relationship, PAGE 1 STIPULATED ORDER Benjamin Dunagan, Psy.D.
2 but nevertheless agreed to continue to see Client A after she requested to meet with him for counseling. Client A informed Licensee that she found him attractive. Licensee discussed boundaries with her, and continued to see her for counseling sessions. The sexual contact subsequently took place in a clinical setting on two occasions in late Licensee self- reported his conduct to the Board. 2. Licensee s acts and conduct described above violated the following statutes, rules, and Ethical Standards (ES s) as more fully explained below: 2.1 ES 3.04 (Avoiding Harm), as adopted by the Board, in that Licensee failed to avoid harming his client by failing to terminate the psychologist client relationship and refer her to another provider and to avoid any sexual contact with her, either in a clinical or nonclinical setting. 2.2 ES (Multiple Relationships) as adopted by the Board, in that Licensee failed to refrain from entering into a multiple relationship with Client A that could reasonably be expected to impair his objectivity, competence or effectiveness. 2.3 ES (Sexual Intimacies with a Current Therapy Client), as adopted by the Board, in that Licensee failed to terminate therapy with Client A when it was reasonably clear that the client no longer needed or benefitted from his services, and Licensee should not have allowed Client A to return for counseling with him after he had already formally terminated the psychologist client relationship. 2.4 ORS (2)(d)(A) immoral or unprofessional conduct. 3. The Board has authority to impose terms of discipline and supervision pursuant to ORS ; ORS (3), (4), (5), (10) and (12); and OAR Licensee and the Board desire to settle this matter by entry of this Stipulated Order. Licensee acknowledges that PAGE 2 STIPULATED ORDER Benjamin Dunagan, Psy.D.
3 he has the right to a contested case hearing under the Administrative Procedures Act (Chapter 183), Oregon Revised Statutes, and fully and finally waives his right to a contested case hearing and any appeal therefrom by the signing of and entry of this Order into the Board s records. Licensee admits that he engaged in the conduct identified in paragraph one (above) and that his conduct violated ORS (2)(d)(A) (immoral or unprofessional conduct); Ethical Standard (ES) 3.04 (Avoiding Harm); ES (Multiple Relationships); and ES (Sexual Intimacies with a Current Therapy Client); from the Code of Professional Conduct, Ethical Principles of Psychologists and Standards of Conduct. 4. Licensee and the Board agree to close this investigation (OBPE # ) with the entry of this Stipulated Order, subject to the following terms or license suspension and probation: 4.1 Licensee is reprimanded. 4.2 The license of Licensee to practice psychology in Oregon is suspended for a minimum of one year (365 days), which became effective on January 21, At the end of the one year suspension, Licensee may submit a written request to terminate the suspension, provided he has fully complied with the terms of this Order, to include paying the fine, completing the evaluation and participating in therapy and/or treatment, as specified in the paragraphs below. 4.4 Licensee must immediately undergo a comprehensive psychological evaluation, to include a complete psychosexual history, at his own expense by a mental health professional that is pre-approved by the Board Chair and is ATSA certified (hereinafter the Board evaluator ), who will communicate with the Board, conduct an initial evaluation of Licensee, and provide a written evaluation report with treatment recommendations to the Board and Licensee. Licensee must sign all necessary releases to allow full communication between the evaluator and the Board. PAGE 3 STIPULATED ORDER Benjamin Dunagan, Psy.D.
4 Licensee is placed on probation for a minimum of 3 years. During this term of probation, and immediately after completing the comprehensive evaluation, Licensee must, at his own expense, enroll in and successfully complete whatever psychotherapy and/or treatment is recommended by the Board evaluator with a provider and/or facility (hereinafter providers ) that is pre-approved by the Board. Licensee must make available to the providers a copy of the evaluation report and successfully complete any psychotherapy and/or treatment recommended by the Board evaluator. Licensee must sign all necessary releases to allow for a full exchange of information between the Board, the providers, and the Board evaluator. 4.6 The providers will provide quarterly reports to the Board and the Board evaluator, including an ongoing assessment as to whether Licensee is safe to practice psychology. 4.7 Prior to resuming practice in the State of Oregon, Licensee must, at his own expense, undergo a final assessment by the Board approved evaluator, who will provide a written report to the Board, and provide an opinion concerning Licensee s ability to practice psychology safely. 4.8 Licensee must pay a civil penalty of $1,000, payable in full within 60 days from the signing of this Order by the Board s Chair. 4.9 Licensee stipulates and agrees that any violation of the terms of this Order shall be grounds for disciplinary action under ORS (2)(d) / / / / / / / / / / / / / / / PAGE 4 STIPULATED ORDER Benjamin Dunagan, Psy.D.
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IT IS HEREBY STIPULATED AND AGREED by Jacqueline A. Moeller, Psy.D., L.P.
BEFORE THE MINNESOTA BOARD OF PSYCHOLOGY In the Matter of Jacqueline A. Moeller, Psy.D., L.P. License umber: LP4901 STIPULATION AND CONSENT ORDER IT IS HEREBY STIPULATED AND AGREED by Jacqueline A. Moeller,
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