1 BEFORE THE BOARD OF PSYCHOLOGIST EXAMINERS 2 FOR THE STATE OF ARIZONA 3 4 Inthe Mater of ) Case No, 2011-17 Marta DeSoto, Ph.D. i NON-DISCIPLINARY CONSENT AGREEMENT AND ORDER FOR 6 Holder of License No. 3776 ) CONTINUING for the Practice of Psychology ) EDUCATION 7 in the State of Arizona ) 8 ) 9 ‘On March 30, 2012, the Arizona Board of Psychologist Examiners ("Board") met 10 |] open session to discuss the above-referenced case, Marta DeSoto, Ph.D. ("Licensee") was present and with her legal counsel, Michael D. Kimerer, Esq. After discussion, consideration and deliberation, the Board voted to offer a Consent Agreement and Order for Continuing 2 || Education on-Diseptnay. 1 JURISDICTION 4 ' 1. The Arizona State Board of Psychologist Examiners isthe state agency authorized 1s pursuant to A.RS. §32-2061 et seg., and the rules promulgated thereunder, found in the 16 || Arizona Administrative Code (“A.A.C." or “rules") at R4-26-101 ef se9., to regulate and 17] control the ticensing of psychologists inthe State of Arizona. te 2 Licensee holds a license to practice as a psychologist in the State of Arizona, 19 |} License number 3776, issued on February 13, 2006, pursuant to A.R.S. §32-2071 et seg, 3, Pursuant to A.R.S, § 41-1092,07(F)(5), the Board adopts the Findings of Fact forthe 2 2 |] Consent Agreement and Order for Continuing Education (Non-Disciplinary) as set forth below. 2 4. The Licensee and the Board enter into this Consent Agreement and Order for 2B Continuing Education (Non-Disciplinary) in order to promptly and judiciously cesolve these * VT rmatters, consistent with the public interest and slautory requirements of this Board, The % V consent Agreement and Order for Continuing Education (Non-Disciplinary) shall be effective 26 || when signed by the Board’s Executive Director. The Consent Agreement and Order for 27 || Continuing, Education (Non-Disciplinary) constitutes a public record and shall be maintained 28 | as part of Licensee’s file with the Board.20 n n 3 2s 25 26 ” 28 CONSENT AGREEMENT Licensee understands and agrees that: 5. The Board has jurisdiction over Licensee and the subject matter pursuant to ARS, § 32-2061 et seg. 6. Licensee has the right to consult with an attorney prior to entering into this Consent Agreement and Order for Continuing Eduention (Non-Disciptinary), 7. Licensee has a right to a public hearing conceming this case. She further acknowledges that at such formal hearing she could present evidence and cross-examine witnesses, Licensee irevocably waives her right to such a hearing, 8 Licensee irrevocably waives any right to rehearing or review or to any judicial review or any other appeal of this matter. 9. This Consent Agreement and Order for Continuing Education (Non- Disciplinary) shall be subject to the approval of the Board and shall be effective only when signed by the Executive Director and accepted by the Board, In the event that the Board does ‘ot approve this Consent Agreement and Order for Continuing Education (Non-Disciplinary), it is withdrawn and shall be of no evidentiary value and shall not be relied upon nor introduced in any action by any party, except that the parties agree thet should the Board reject this Consent Agreement and Order for Continuing Education (Non-Disciplinary) and this case proceeds to hearing, Licensee shall assert no claim that the Board was prejudiced by its review and discussion ofthis document or any records relating thereto. 1, The Consent Agreement and Order for Continuing Education (Non- Disciplinary), once approved by the Board and signed by the Licensee, shall constitute a public record which may be disseminated as a formal action of the Board. EINDINGS OF FACT 11. Dr, DeSoto was employed as a Psychology Associate I with the Arizona Departinent of Corrections (D.0.C.) beginning July 2003 and practiced under the supervision of, licensed psychologist 12, Dr, DeSoto became licensed as a psychologist by the Board on February 13, 2006. 13, In March 2006, she was promoted to Psychologist If at D.O.C. 4, Dr, DeSoto saw inmate J.W. as a patient numerous times in both group and individual sessions beginning in November 2003,Is, The professional relationship between Dr. DeSoto and J.W. ended in November 2004, when J.W. was transferred to another yard. Dr. DeSoto terminated her employment the D.O. in July 2006. 16, In January, 2007 Dr. DeSoto reported she received a letter from J.W. requesting, that she correspond with him in a personal manner, Dr, DeSoto commenced 2 “pen pal” relationship at that time. 17. Dr, DeSoto reported she subsequently began visiting J.W. in prison, wherein their relationship became romantic, Dr. DeSoto and J.W. became engaged in May 2010. 18. Dr. DeSoto attended J.W.'s May 17, 2011, parole heating to testify on J.W.'s bebalf, and identified herself as J.W.'s fiancé. 19, At the March 30, 2012, Board meeting, Board members determined that Dr. DeSoto’s conduct did not constitute a violation of rule or statute, However, Board members expressed concem regarding Dr. DeSoto's lack of knowledge regarding the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct, §3.05 Maltiple Relationships. ORDER IP 1S THEREFORE ORDERED THAT: 20. Order for Continuing Education (Non-Disciplinary): Pursuant to A.R.S. §32+ 2081(H) the Board considers that while the Licensee's conduct in RFI No, 2011-17 does not warrant disciplinary action, it is nonetheless cause for concern on the part of the Board and that continuation of such actions may result in disciplinary action. Therefore, Licensee shall obtain ight hours of Continuing Education in Ethics in the practice of psychology in the field of Multiple Relationships, commensurate with the Category I Continuing Education requirements pursuant to A.A.C, R4-26-207(C)(1). These eight additional hours of Continuing Education may be used toward the sixty hours required for license renewal and shall be completed within six months of the date of this Consent Agreement and Order for Continuing Education (Non- Disciplinary). Within two weeks of completion of the additional continuing education, Licensee shall provide the Board with verification of completion of these hours. (Ré-26- 207(G)] 21, Continuing Edueatlon Records: Licensee shall provide the Boerd with complete records of continuing education credits earned for the two most recent license renewal cycles, which includes the 2009-201 and 2011-2013 license renewal cycles, Licensee 3shall provide these continuing education records within 30 days of the effective date of this Consent Agreement and Order, The effective date of this consent agreement is the date it is signed by the Board's Executive Director. 22, Costs: All costs associated with the compliance with this Consent Agreement and Order for Continuing Education (Non-Disciplinaty) are the responsibility of Licensee 23, Voluntary Entry: Licensee has read and understands this Consent Agreement and Order for Continuing Education (Non-Disciplinary), as set forth herein, and fas had the opportunity to discuss this Consent Agreement and Order for Continuing Education (Non- Disciplinary), with an attomey or has waived the opportunity to discuss this Consent Agreement and Order for Continuing Education (Non-Disciplinary), with an attorney. Licensee voluntarily enters into this Consent Agreement and Order for Continuing Education ((Non-Disciplinary), for the purpose of avoiding the expense and uncertainty of an administrative hearing. 24, Walver: Licensee understands that she has a right to @ public administrative hearing concerning each and every allegation set forth in the sbove-captioned matter, at which administrative hearing she could present evidence and cross-examine witnesses. By entering, into this Consent Agreement and Order for Continuing Education (Non-Disciplinary), Licensee freely and voluntarily celinquishes all rights to such an administrative hearing, as well as all rights of rehearing, review, reconsideration, appeal, judicial review or any other administrative and/or judicial action, concerning the matters set forth herein. Licensee affirmatively agrees that this Consent Agreement and Order for Continuing Education (Non-Disciplinary) shall be imrevocable 25, Future Consideration: Licensee understands that this Consent Agreement and Order for Continuing Education (Non-Disciplinary), or any part thereof, may be considered in any future disciplinary action against her. 26. Final Resolution; The porties agree that this Consent Agreement and Order for Continuing Education (Non-Disciplinary) constitutes final resolution of this matter, 27, ‘Time Is of the Essence: Time is ofthe essence with regard to this agreement 28. Failure to Comply: Failure to timely comply with this Consent Agreement and (Order for Continuing Education (Non-Disciplinary) may constitute unprofessional conduct and result in disciplinary action by the Board. If Licensee fails to comply with the terms of this Consent Agreement and Order for Continuing Education (Non-Disciplinary), the Board shall properly institute proceedings for noucompliance with this Consent Agreement and Order for 420 2 2 2 "4 6 6 u 2B Continuing Education (Non-Disciplinary), which may result in suspension, revocation, or other disciplinary and/or remedial actions. Licensee agrees that any violation of this Consent Agreement and Order for Continuing Education (Non-Disciplinary) is a violation of A.R.S, § 32-2061(13){a2), which is violating a formal board order, consent agreement, term of. Probation or stipulated agreement issued under the provisions of the Board's statutes or the ules of the Board for the administration and enforcement of its statutes, 29. Other Matters: Licensce understands that this Consent Agreement and Order for Continuing Educstion (Non-Disciplinary) does not constitute a dismissal or resolution of other matters curently pending before the Board, if any, and does not constitute any waiver, express or implied, of the Board's statutory authority or jurisdiction cegard any other pending or future investigation, action or proceeding, Licensee also understands that acceptance of this ‘Consent Agreement and Order for Continuing Education (Non-Disciplinary) does not preclude any other agency, subdivision or officer of this state from instituting other civil or criminal proceedings with respect to the conduct that is the subject of this Consent Agreement and Order for Continuing Education (Non-Disciplinary) 30. Effective Date: Licensee understands that the foregoing Consent Agreement ‘and Order for Continuing Education (Non-Disciplinary) shall not become effective unless and Until adopted by the Board of Psychologist Examiners and executed on behalf of the Board. ‘Any modification to this original document is ineffective and void unless mutually approved by the parties in writing. 31, Public Record: Licensee understands that this Consent Agreement and Order for Continuing Education (Non-Disciplinary) is a public record that may be publicly disseminated as a formal action of the Board, in DATED this 8°” day of, Moun 2012. ‘ARIZONA BOARD OF PSYCHOLOGIST EXAMINERS (wn py: Cas arta DeSoto, Ph.D. Cindy Oivey, Psy: Licensee Executive Ditestor2 5 6 n 28 JORIGINAL of the foregoing filed this 23 day of April, 2012, with The Arizona State Boacd of Psychologist Examiners 1400 West Washington, Suite 235 Phoenix, Atizona 85007 COPY mailed by Certified Mail, No. 700922500001 11488435 this 231d day of April, 2012, to Marta DeSoto, Ph.D. ‘Address on Record COPY mailed by Signature Confirmation Mail, No, 03101230000183612106 this 23rd day of April, 2012, to: Michael Kimerer, Esq. Kimerer & Dercick 221 Kast Indianola Ave, Phoenix, AZ 85012 COPY of the foregoing mailed by interagency this 23¢d day of April, 2012, to: Jeanne M. Galvin, AAG Office of the Attorney General CIV/LES 1275 West Washington Phoenix, Arizona 85007 wv Samleachacice