By: J.J. Hitt To: David Dahl Re: Boylan - Cover Letter BEFORE THE BOARD OF PSYCHOLOGY DEPA

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By: J.J. Hitt To: David Dahl Re: Boylan - Cover Letter BEFORE THE BOARD OF PSYCHOLOGY DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation) Against: ) ) Richard J. Boylan, Ph.D ) License No. PSY-10047 ) No. W-14 ) N--9404129 ) ) Respondent ) -------------------------------) DECISION -------- The Board of Psychology hereby adopts the attached Proposed Decision as its own decision in the above-referenced matter. This Decision is effective as of August 4, 1995. --------------- IT IS SO ORDERED August 4,1995. -------------- By: [Signature appears on document] ------------------------------- Judith Janaro Fabian, Ph.D. Vice-Chairperson Board of Psychology ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1441) Wed 11 Oct 95 4:23 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 1 & 2 ---------------------------------------------------------------------- @EID:4d09 1f4b22e0 @MSGID: 1:106/9788.2 5b929d89 @REPLY: 1:272/85.666 cc2ddbe3 BEFORE THE MEDICAL BOARD OF CALIFORNIA BOARD OF PSYCHOLOGY AND THE BOARD OF BEHAVIORAL SCIENCE EXAMINERS DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation ) Against: ) ) RICHARD J. BOYLAN, Ph.D. ) No. W-14 and 2826 O Street, Suite 2 ) LMS-57 Sacramento, CA 958116 ) ) Psychologist's License ) OAH Mos. N-9404129 No. PSY-10047 ) N-9406179 ) MFCC License No. MFC 5943 ) LCSW License No. 4231 ) ) ) Respondent. ) --------------------------------------- PROPOSED DECISION ----------------- On October 24-28, November 2, 15, 16, 18 and 22, December 6, 27 and 30, 1994, and January 11-13, 117, 18 and 31, February 1 and 16, and March 1, 1995, in Sacramento, California, Muriel Evens, Administrative Law Judge, Office of Administrative Hearings, State of California, heard this matter. Robert Miller and Arthur Taggart, Deputies Attorney General, represented the complainants Matheny, Poidmore, Linkert & Sears and Richard S. Linkert represented respondent. Evidence was received, the record was closed July 20, 1995, and the matter was submitted. (page) 1 FINDINGS OF FACTS ----------------- I Complainants Thomas S. O'Connor, Executive Office of the Board of Psychology, and Scott C. Syphax, Interim Executive Office of the Board of Behavioral Science Examiners, made and files the Accusations in these matters in their official capacities and not otherwise. II On July 16,1987, the Board of Psychology issued license number PSY 10047 to respondent Richard J. Boylan. On October 30, 1972, the Board of Behavioral Science Examiners (BBSE) issued marriage, family and child counselor license number MFC 5943 to respondent. On March 2, 1974, the BBSE issued licensed clinical social worker license number LCS 4231 to respondent. At all relevant times, respondent was engaged in the private practice of psychology. III D.W. ---- Respondent treated D.W., a female, from approximately December 1991 to February 1993. She was referred to respondent by a fellow member of the Incest Survivors Anonymous (ISA) support group she had been attending. D.W. had been involved with ISA for about one year before meeting respondent. She continued with ISA, including a subgroup Nothing Too Heavy to Share,through the Fall 1992. D.W. was 28 years old and an unemployed single mother seeking a therapist who would accept Medi-Cal. Respondent agreed to accept her as a Medi-Cal patient. D.W. presented as a recovering alcoholic with three years of sobriety, and adult child of alcoholic parents, a former abuser of cannabis and methamphetamines and an incest victim. Respondent's initial diagnosis was: Axis I: Post traumatic Stress Disorder (PTSD); Dissociative Disorder NOS; Depressive Disorder NOS; Alcohol Dependence, in remission; (page) 2 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1442) Wed 11 Oct 95 4:24 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 3 & 4 ---------------------------------------------------------------------- @EID:8ff0 1f4b2300 @MSGID: 1:106/9788.2 5b929ef2 @REPLY: 1:272/85.666 cc2ddbe3 Methamphetamine abuse in remission Cannabis Dependence in remission Respondent's plan was to meet weekly or biweekly, as insurance permitted, for treatment of depression and traumatic sexual abuse and to improve self esteem and personal skills. Although initially D.W. was reluctant to try hypnosis, respondent encouraged her to do so to retrieve memories of abuse. During their fifth session, on January 7, 1992, respondent performed D.W.'s first "memory enhancement hypnosis." They covered sexual abuse at age four by D.W.'s mother and at age four to five by her father. Other sessions involving hypnosis followed on occasion, with further recall of childhood sexual abuse and possible ritualistic abuse. In late winter or early spring of 1992, D.W. listened to a radio talk show about abductions by aliens and the use of hypnosis. At a therapy session, D.W. asked respondent somewhat flippantly if he thought these people may have been abused and confused about the memory. Respondent, with a serious face, responded that he thought it might be just the opposite. In the same session, respondent said that he had some patients who may have had extraterrestrial (ET) experiences and he was doing some research on the subject. At the next session, D.W. brought up the ET issue and respondent showed D.W. a book entitled ENCOUNTERS, by Edith Fiori. Soon after that, respondent told D.W. that he was going on a week-long tour of sites of alleged ET activity. According to D.W. (R.T. 10/24/94, 28:8-17): "Q What was your reaction to the doctor's discussion with you about this tour of extraterrestrial sites? "A I felt really nervous for him. I was kind of confused at the time. I was starting to believe that maybe he was -- this was something real. And I was nervous for him, and I told him to be careful. "Q Be careful? What did you mean by that? "A Well, specifically, he said he was going to some very top secret military places. And I was concerned about what might happen to him." (page) 3 Respondent had spoken to D.W about a secret government cover-up and involvement of the U.S. military. Respondent told D.W. the sites were connected to government operations involving the flying of ET aircraft, recovered ET aircraft and the building of aircraft using technology learned from ET sources. From what respondent had told her, D.W. feared that on his trip respondent might be abducted by ETs. In or about a June 1992, session, D.W. brought out having daydream-type image or fleeting memory from childhood of a strange-looking man, who may have been a molester. Respondent asked D.W. to describe what he looked like and his height, including his height in relationship to her as a child. The image was not clear to D.W., but she recalled he was not tall and had sharp features and narrow eyes. Respondent then asked D.W. to draw the man, which she did. After that and the conversation set forth below, D.W. had the impression that respondent thought her image was of an extraterrestrial. "Q Can you describe when that occurred to you and why? And why you got that impression in your mind that's what you were being asked to describe? "A [Respondent] asked me to stand up, and he had some sort of tape measure he was holding up. And I stood up, and he was holding -- well, let's see. And he said something like 4 foot or 4-foot something. That's about -- well, it could be a little taller. That's about right. "Administrative Law Judge: He said or you said? "A He said this. It was kind of under his breath.That's when it occurred to me that's maybe what he was thinking that this might be." (R.T 10/24/94 43:9- 20.) The session continued with hypnosis. While under hypnosis, respondent further inquired whether D.W. could describe in more detail the appearance of the man in her image. Then, toward the end, she "started getting an image of that like an extraterrestrial face and this really bright light, being surrounded by a bright light right at the end." (R.T. 10/24/94 47:11-14.) According to D.W., as she came out of hypnosis: "Dr. Boylan was smiling; he was leaning back in his chair and smiling. And I remember feeling really weird. ... I was really (page) 4 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1443) Wed 11 Oct 95 4:24 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 5 & 6 ---------------------------------------------------------------------- @EID:4ef9 1f4b2300 @MSGID: 1:106/9788.2 5b92a056 @REPLY: 1:272/85.666 cc2ddbe3 confused and scared. And I was kind of angry at Dr. Boylan for smiling because I was feeling how I was. (R.T. 10/24/94 48:2-8.) In June, respondent advised D.W. that he was starting a support group (CE-IV)[1] at his home for people who have had extraterrestrial experiences. He said that while he thought it was probably premature, he thought D.W. should come to the meeting. Within a week or two of the therapy session, D.W. attended the meeting at respondent's home. About ten people attended and D.W. recognized one from the ISA group. During this meeting respondent played an audio tape by James Harter, explaining his views on extraterrestrials, what they are like, who is likely to be abducted and so on. D.W. continued to attend the CE-IV group meeting about every three weeks and continued with her therapy with respondent, until early 1993. After a few months of attending CE-IV meetings, D.W. brought to therapy a nightmare she had had since childhood. The dream involved floating down a hallway to the foyer and then seeing a monster. At the CE-IV meetings she had heard of similar occurrences among persons who had had ET contact. Under hypnosis, her dream continued. "Then the monster became like an E.T., and then there were other extraterrestrials. And then I was, like, walked out of my home where I saw some bright lights out on the front lawn." (R.T. 10.24/94 70:9-13.) From the time of this hypnosis, D.W. began to identify more with the CE-IV group and feel that she might have had an ET experience. Notes from her therapy sessions show increased ET references, along with continued references to ritualistic abuse. During the Fall of 1992, respondent told the CE-IV group of a UFO/ET conference in Las Vegas from Saturday, November 29 through Tuesday, December 2, 1992. Respondent would be presenting information from his research and experiences and invited others to attend. Because of the expense and other reasons, none of the CE-IV group planned to attend. As the conference neared, respondent told the group that others interested in presenting their experiences could have their way paid to the conference. D.W., R.R. and R.W. signed on to go to the conference to share their experiences. ----------------------------------------------------------------- ----- [1] CE-IV refers to close encounters of the fourth kind, or those involving abductions by aliens. (page) 5 Before going to the conference, respondent had members of the support group draw "visual representations." D.W. participated, drawing a figure, which was to be from her experience. the last therapy session before the conference, respondent told D.W. that she would be able to go, expenses paid by the conference organizer. Respondent set up a meeting at his house one evening about a week before the departure for the four area participants to plan their trip. Respondent said that part of the meeting would be in the hot tub and that no suits were allowed. Respondent did not allow bathing suits in his hot tub because he believed residual detergent in the suits left "soap scum" in the tub. D.W. went to respondent's house and was the first to arrive. Respondent and his wife were there, R.R. and R.W. then arrived. The others adjourned to the backyard while D.W. hid in the bathroom, afraid to be naked in front of the others and afraid to see everyone else. She was terrified and embarrassed. After the other four were in the hot tub, D.W. wrapped in a towel, went out to the tub and jumped in. They discussed plans for the trip. Following the meeting, D.W. went back to the house, got dressed and left. D.W. did not want to be nude around others, she was uncomfortable with her own body and embarrassed. The four flew from Sacramento to Las Vegas and rented a car. The two women, R.R. and D.W., shared a hotel room. The two men, respondent and R.W., shared another room. The group attended and/or participated in a number of the sessions. On Monday, the four planned a trip to Area 51, a large military area in Nevada where ET activity is alleged to take place. R.R. became ill and unable to go along. R.W. decided to stay in Las Vegas with R.R. At about 4:00 p.m., respondent and D.W. set out in a rental car for Area 51. Unfortunately, due to a navigational error. the two ended up circumnavigating the area and returning about 2:30 in the morning. Upon their return to the hotel, D.W. went to her room and found both R.R and R.W. asleep, although in separate beds. She told respondent. who was in the hall, that the two were in the room. She then went to respondent's room. They were both tired and respondent was due to speak that morning. D.W. undressed and went to one of the beds in the respondent's room; he went to the other bed. After the lights were out, D.W. began moaning in pain, apparently some form of gastric distress as a result of fast food eaten on the Area 51 drive. Respondent offered to give her a massage to help relieve the pains. Both D.W. and respondent were nude, although respondent was covered by the sheet. As D.W. came over to the respondent's bed, she stated she did not want any sexual relationship. Respondent advised her that he did not want one because he did not want to risk his license, his marriage or his therapeutic relationship with D.W. He then gave her an abdominal message. Afterward, he turned over (page) 6 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1444) Wed 11 Oct 95 4:25 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 7 & 8 ---------------------------------------------------------------------- @EID:4a01 1f4b2320 @MSGID: 1:106/9788.2 5b92a2d2 @REPLY: 1:272/85.666 cc2ddbe3 and went to sleep, expecting D.W. to return to her bed. She did not and slept in next to respondent until the alarm went off at 6:00 a.m. At some point in the Fall of 1992, respondent and the CE-IV group decided to write a book about their experiences. Respondent and his wife were to be the editors and respondent would include his research. The group members would provide individual chapters on their experiences. D.W. had drafted her chapter and rewritten it following her submittal to respondent's wife for editing. Respondent returned a corrected version of her chapter to her at a therapy session in or about late January 1993. There was no written agreement between respondent and D.W. regarding any royalties or profits from the publication of the book. There was no written notice or agreement between respondent and D.W. regarding any research he was conducting of which she was part. In February 1993, D.W. discontinued therapy with respondent and ceased her participation in the CE-IV group. She did not submit a final version of her book chapter. The book was published and her work was not included. On February 16, 1993, D.W. respondent's termination diagnosis of D.W. was: Axis I: Factitous Disorder with Psychological Symptoms Axis II: Personality Disorder NOS (Addiction to Victim Status Syndrome) Passive-Aggressive Personality Disorder. IV K.G. ---- Respondent treated K.G., a female, from approximately September 16, 1991 until mid-June 1992. She presented, at age 32, with a history of childhood physical and sexual abuse, alcohol and cannabis abuse, extreme anxiety and asthma. Her mother is an alcoholic and Vallium abuser and was sent to Patton State Hospital in 1965. Her father raped her sister, who was then 12, (K.G. was about four at the time and had flashbacks of seeing the rape.) The children were placed in care with abusive foster parents. As of September 1991, K.G. was employed and "married" to Janna for seven years. K.G. had been in therapy for 10 years with a female therapist and wanted to try a male therapist to address her prejudice against men in personal settings. (page) 7 Respondent's initial diagnosis: Axis I: Post Traumatic Stress Disorder (PTSD). residual state, severe; Alcohol Dependence, residual state; Cannabis Dependence; Depressive Disorder NOS Axis II: Axis II deferred, obsessive-compulsive traits mild Respondent's treatment plan was "intermediate duration biweekly psychotherapy to correct PTSD, enhance identity and intimacy competencies." K.G. had dropped out of graduate school in social work, but was working for a social services agency. She is a fifth degree black belt in a form of Karate. Her asthma could be severe and induced by exercise or stress. Part of her past therapy included breathwork with relaxation. K.G. continued breathwork with respondent. On one occasion, as part of the breathwork, he touched her abdominal area. There was no evidence K.G. considered the touch sexual. In early December 1991, respondent invited K.G. to a special multi-hour session, at his house. Respondent told K.G. to bring a towel, which she thought was for breathwork on the floor. When she arrived at respondent's home, they went into the living room and spoke for a while. He then mentioned the hot tub for water therapy to relax and let go of tension. Respondent directed K.G. to an area to undress and it became clear that the hot tubbing would be in the nude. She was confused, but followed his direction and met him in the backyard. Both K.G. and respondent were wearing only a towel. Both got into the hot tub, with K.G. taking off her towel "at the last second." Respondent and K.G. engaged in some small talk, According to K.G.: "Pretty much I had just had a general increase in anxiety and nervousness and vacillating from questioning -- started to question, 'is this okay?' this has never happened ore been requested by anyone I've worked with, and I hadn't really heard of it being done. So on the one hand, questioning the legitimacy, and on the other hand that scaring me because I didn't want this to not be right and me be participating, so I would flip back into denial and say, 'I'm sure it's okay."... I feel like I just (page) 8 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1445) Wed 11 Oct 95 4:26 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 9 & 10 ---------------------------------------------------------------------- @EID:aa8c 1f4b2340 @MSGID: 1:106/9788.2 5b92a501 @REPLY: 1:272/85.666 cc2ddbe3 started to separate, the way I would separate during violent episodes in my childhood, where you just started to go away from your body." (R.T. 11/2/94 19:22-20:5.) Respondent did remark on K.G.'s breathing patterns and gave her some instructions on breathing. At one point, when it had become too hot for them to remain in the tub, they sat on the rim. "...I remember one time taking a deep breath and kind of stretching my hand in an upward direction, and him saying that that was good to breath from that low, and then once he coached me to look at his stomach while he breathed to see how his stomach moved when he breathed ..." (R.T. 11/2/94 20:14-18.) While in the hot tub, respondent "worked" on the upper shoulder area, to relieve tension. He was behind respondent, at somewhat of a 90-degree angle, so that his head was to K.G.'s side. After perhaps "a couple of hours," they got out of the hot tub, dried off, wrapped the towels around themselves and returned inside. K.G. got dressed and went into the living room. Respondent said that he didn't mean for her to get dressed yet, so she undressed again. She returned to the living room and found respondent , still undressed, sitting on the floor, "Indian style." K.G. sat across from respondent, her legs also crossed. Respondent asked K.G. to look into his eye, with their hands connected--her hands palm up, his palm down. After an uncomfortably long period, perhaps three to five minutes without any speaking, respondent burned a triangle incense and asked K.G. if he could burn it around her. He then outlined her upper body with the incense. After that they got up and K.G. got dressed. When she returned to the living room, respondent had also dressed. They say on some chairs and engaged in some "wrap-up" conversation, such as when they would meet again. There was no "processing" of what had happened. On two occasions during her therapy, respondent asked K.G. if she wanted to participate in a group trip to Harbin Hot Springs, a nude resort. One purpose of the trip was to allow women to improve their body image. Respondent and his wife would attend and there would be nude bathing in the hot springs. Respondent declined the invitations. K.G. was seeing respondent about twice a month. WHile they agreed that more frequent sessions would be helpful, K.G. did not have sufficient funds to pay for the additional time. In or about February or March 1992, respondent suggested a barter system where he would provide therapy to K.G., K.G. would provide karate lessons or another service to a third person, and the third person would provide massage to respondent. K.G. knew a (page) 9 massage therapist and contacted her about the possibility. However, she was not interested. Respondent then suggested Janna, but K.G. did not want to involve her. Ultimately, it was agreed that K.G. would do the massage. Since she had no experience in massage, she contacted her friend for a "couple of hours" of instructions. In an effort to comply with ethical standards, respondent and K.G. agreed to exchange an hour of massage for an hour of psychotherapy. Once that program was implemented, K.G. started weekly therapy, providing massage about every other week. At some point, respondent advised K.G. that he had been to a conference and learned they would have to exchange money for their services. After that, they wrote checks to each other. Respondent came to K.G.'s home for the massage. which occurred in the living room. Respondent preferred nude, uncovered massage. After the massage, he would walk nude from the living room to shower and then return to the living room to dress. K.G. was uncomfortable with the massage and with the nudity. She felt she was not assertive enough to say anything and was intimidated by respondent. "It's easier for me to be assertive with strangers, not with people I'm connected to, let alone dependent on. If Richard Boylan had physically attacked me, I would have physically neutralized him. To deal with him emotionally, I have a weakness. A physical assault straight arm, I could handle it, I wouldn't let anyone harm me, ...but I had a lot of issues with Richard. I was dependent on him, I wanted his approval, and I didn't want to believe this was betrayal." (R.T. 11/2/94 36:15-23.) During the final session, respondent commented to K.G. that if she happened to "graze" his testicles, it would be okay. It was warm outside and K.G.was hot and sweating. She was wearing jogging shorts and a tank top. Respondent suggested that she take her shirt off if she was hot. K.G. did not do so. Later, during that same massage session, respondent asked K.G to work in the lower abdomen and thigh region. K.G. told respondent that she had not been taught to work in that area and had been taught it was inappropriate to have such contact with a client. Respondent ridiculed K.G., indicating something to the effect that it "sounds like a person [referring to K.G.'s trainer] who is worried and up-tight." (R/T. 11/2/94 37:26.) Respondent then offered to demonstrate on K.G. how he wanted the massage done and suggested it would work better if she disrobed. According to K.G.: [T]hat was the light switch, two-by-four approach to me where I thought I was going to be sick, because at (page) 10 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1446) Wed 11 Oct 95 4:27 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 11 & 12 ---------------------------------------------------------------------- @EID:ec79 1f4b2360 @MSGID: 1:106/9788.2 5b92a69b @REPLY: 1:272/85.666 cc2ddbe3 that point, my denial had to stop. And I feel that if there was a pivotal point in my relationship with Dr. Boylan, whether it be in the therapeutic capacity or in the body work capacity, that that was the first time I thought that in a serious way this might not only not be appropriate, but perhaps be sexual." (R.T. 11/2/94 38:23-39:1.) Respondent demonstrated lightly on her stomach, through her shirt, how he wanted to be massaged. He was very conservative. However, when it came time for K.G. to work on respondent, she felt ill and excused herself from the room. Ultimately she finished the massage. She left the room when respondent wrote the check for payment, as she did not feel comfortable being in the same room with him. At the following therapy session, K.G. told respondent that she was uncomfortable and did not wish to continue with the massage arrangement. Respondent "just said okay" and the session proceeded. At the next therapy session, respondent related differently to K.G. He seemed to her to be more distant, aloof. He did not make eye contact or allow her to speak. He left the room twice, something he had not done before, and cut off the session 15 - 20 minutes early. K.G. was so angry about the session that she stopped on her way home to call respondent from a telephone booth. She told him she wanted him to stop inviting her to Harbin Hot Springs and that she no longer felt safe with him. She felt he was violating boundaries and she did not trust him. She told him she was angry with how he handled the therapy session. Respondent then called K.G. after she got home. She restated her feelings. He raised his voice and told her she was getting "A-1 therapy," and was just running away from therapy. K.G. felt respondent was screaming at her. Respondent followed up with calls to K.G. to schedule additional sessions, but she did not return his calls. Respondent added the following diagnosis to K.G.'s chart: Axis II Borderline Personality Disorder Obsessive-Compulsive Personality Disorder V D.S. ---- Respondent treated D.S. from September 1990 through February 1993. She presented, at age 31, with spinal and other injuries from a serious vehicle accident three years earlier, molest by her teacher at age 13 and rape at 18, which resulted in pregnancy. Her parents are alcoholics. She had been diagnosed (page) 11 with Chronic Fatigue Immune Deficiency Syndrome (CFIDS), a disease which severely limited her ability to work and function. D.S. wanted to find some healing related to the issues of her molest and the distance she felt from her family, the rape and giving up the child for adoption, and the vehicle accident. She wanted to reduce stress, to help cope with CFIDS. Respondent's initial diagnosis of D.S. was: Axis I: Post Traumatic Stress Disorder (PTSD), residual state Dipthymia, secondary, early onset Psychological Factors Affecting Physical Condition (Provisional) Axis II: Dependent Personality Disorder Axis III: Multiple Musculoskeletal traumata (by history);neuromyelitis, infectious venulitis and immune deficiency syndrome (by history) Respondent's treatment plan called for biweekly sessions "to reduce depression, resolve PTSD symptoms, reduce driving phobia, improve self=esteem, [and] eliminate over-reliance on somatic victimization for sense of identity." During the early part of her therapy with respondent, the focus was on D.S.'s emotional recovery from her accident and her relationship with her family. At session 16, on February 21, 1991, she told respondent about a recurring dream involving small figures which looked like monks at the end of the hall. In the dream, she tried to turn on lights, but none worked. She got angry because she could not see them and hit one of the "monks." After that, they all disappeared. Then the dream would repeat. D.S. had a second dream about a man, dressed in black, whose face she could not see. She wrestled with him; he was trying to kill her. Respondent continued to treat D.S. for the issues she presented at the beginning of her therapy. Respondent told her she did not know boundaries, which is why she "let him (the teacher) do it." Respondent said that in his experience, the lack of boundaries signaled possible abuse at an early age. He told her he thought she had been molested earlier, in addition to age 13. He then used hypnosis to help D.S. "by recovering repressed memories." In the Spring 1992, respondent brought up in therapy the subject of ETs and dwarf-like beings. D.S. reminded respondent of her earlier dream about the monks. Respondent gave D.S. an article from the Atlantic Monthly, August 1991, entitled (page) 12 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1447) Wed 11 Oct 95 4:28 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 13 & 14 ---------------------------------------------------------------------- @EID:0cf8 1f4b2380 @MSGID: 1:106/9788.2 5b92a8a3 @REPLY: 1:272/85.666 cc2ddbe3 "The UFO Experience."He asked her to read the article and see if any of the feelings described were familiar to D.S. The ET material frightened D.S., but also made her more curious. While she thought of the monks as a dream, respondent told her the "dream" was in fact a "visitation." Respondent identified the "monks" as "Jawas," one type or race od aliens.He also showed her photos after his return from his "grand tour" of the Southwest military bases alleged to be involved in ET activity. In some of those photos were drawings of aliens respondent identified as "Grays." Respondent told D.S. that hypnosis might help her learn if she had been abducted by aliens. D.S. was frightened as did not want to know of the "dream" was in fact not a dream. No hypnosis was performed on the monk dream, but respondent brought up the possibility again, suggesting that hypnosis might establish what really happened.Respondent told D.S. that ETs cloud people's minds, making them believe that what really happened was just a dream, a pleasant experience or did not happen at all. Respondent said the only way to find out was through debriefing through hypnosis. While D.S. declined hypnosis, respondent suggested she participate in his CE-IV group, to meet with others who had had similar experiences, processed them and found positive elements. He described the other participants, at R.T. 11/15/94 78:17: A "They were clients and people that came to him. Some with ET experiences, some that found out... that they had ET experiences after seeing him. They were all screened do there wasn't any danger that they were infiltrated by the government." After rejecting several offers by respondent to attend the CE-IV group meetings, D.S. finally agreed, because "he kept bringing it up so I went." D.S. went to her first meeting in or about September 1992. She arrived late and the discussion involved Area 51, the government cover-up and how respondent's telephone was probably tapped, now that he was coming out in public and speaking about ETs. It was discussed that if his phone was tapped, then it was possible that others in the group were also being spied on. D.S. followed the suggestion of a telephone company employee who participated in the CE-IV meetings.When the phone rang, she would pick it up and drop it. She also started using her answering machine to screen calls, because she was receiving calls where the caller would not respond and just hang up. At the next therapy session following the CE-IV meeting, respondent asked her what she thought of the meeting and they discussed the phone tapping issue and other matters from the group. At a later group meeting, respondent and others discussed putting together a book to get the message out. The Page[ 13 format would include personal stories, like an anthology. In a following therapy session, D.S. told respondent that she did not feel that she had anything to write. She did not feel she had anything concrete. Respondent told her "Just write what you have. It's enough." Both at the support and in therapy sessions, respondent provided draft and revised copies of the book's table of contents and his chapter on his experiences. D.S.'s story was included in the table of contents. In therapy, respondent discussed the benefits and risks involved in participating in the book. Among the risks would be placing oneself more in the public eye and "silencing by the secret government." Respondent indicated he would be at higher risk. D.S. believed what respondent said. At R.T. 11/15/94 109:2-8: A "He told me that they have the ability to make a person die very quickly looking like it was natural causes. They have the ability to use a little dart that doesn't leave a trace.They can make a person die of cancer within a few weeks. That he would probably be the target because he was the leader." At R.T. 109:14-16: Q "You say you were concerned for him. Did you express your concern? A "I asked him to be really careful." Also in the Fall 1992, D.S. complained to respondent about difficulties eating and sleeping, and ringing in her ears. She was concerned. Respondent told her that maybe the ETs were doing a tune-up on her. D.S had a second dream in early1993 that she discussed with respondent shortly thereafter. In the dream, she woke up to a distant roar, got out of bed and walked to the living room. There she looked up through the atrium skylight as a pink light was coming down. She felt joy and thought she saw Ghandi. She then felt very peaceful and slept well after the dream. When she woke she felt good about the dream. Respondent suggested hypnosis to more fully explore the dream. D.S. agreed, because the dream had been positive and she felt safe about learning more. Respondent told D.S. that there was a strong possibility of ET involvement. During hypnosis, respondent took D.S. through the dream into the atrium. At R.T. 11/15/94 6:1: A "...I stand under the light in the atrium and then go up through into the sky. page[ 14 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1448) Wed 11 Oct 95 4:28 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 15 & 16 ---------------------------------------------------------------------- @EID:ab79 1f4b2380 @MSGID: 1:106/9788.2 5b92aa4b @REPLY: 1:272/85.666 cc2ddbe3 Q "Was he asking you questions during the process? A "Yes. Q "What was he asking you? A "'What did it look like? 'Was it a ship?' 'What shape was it?' 'What was it made of?' 'Was it metal?' 'What kind of metal?' 'What did they look like?' 'Was there more than one?' 'Were you standing on a floor?' 'Were there walls?' 'Were there lights?' 'Were there sounds?' 'Was the floor solid?' 'Was it metal?' 'Was it something else?' 'Where was the light coming from?' According to D.S., in her original dream there was no ship and there were no walls. What had been a comforting dream, through hypnosis turned ugly, more like a nightmare. At R.T. 11/15/94 70:25: A "[T]he dream turned into being put on some kind of a table and probed with some kind of probe that really hurt bad, and me feeling very angry about, 'Why are you hurting me?' And that there was something wrong with me and 'Why don't you fix it?' and then one of the -- after this, like escorting me back to my room and I couldn't move, and that was it. In addition, D.S. recalls from the hypnosis session that "They did something. Removed something." None of the above was in the original dream. However, in 1991, D.S. had undergone surgery for the removal of an ovary. At that time she was angry and scared and had a bad reaction to the anesthesia. After the hypnosis, respondent told D.S. that the aliens sounded like they were "reptilians or amphibs." He asked D.S. to draw one of them, but she unable to "put it together." Respondent then sketched one for her, but she did not think it was correct. She told respondent she was scared. D.S. had learned in the CE-IV group that the ETs could return and she was afraid "they" could come back anytime and there was nothing she could do about it. To D.S., respondent did not seem concerned about her fear. He did not explain how the product of this hypnosis was going to help D.S. solve any of her presenting problems. About half way through her therapy with respondent he invited D.S to spend a day at Harbin Hot Springs with him, his wife and a few other patients. The trip would be billed as a regular therapy session and involve certain exercises and soaking in the hot springs in the nude. The purpose of the trip was for page[ 15 the patients to improve self-esteem and see their bodies as good. Respondent told D.S. the trip would help her heal by becoming comfortable with her body and her sexuality. D.S. declined respondent's invitation because she was not comfortable being nude in front of people she did not know. Respondent repeated the invitation a few times, and each time D.S. declined. After a break of a few months, respondent indicated that there would be a second date scheduled for the trip. He again invited D.S. and she accepted the invitation because she wanted to heal, but felt stressed and anxious. The night before the trip, D.S. left a message for respondent that she could not go. D.S. was part Native American and wanted to learn more about her heritage and participate in Native American activities and rituals. Since about August 1991, D.S. had been participating in monthly prayer meetings as part of her Cherokee ancestry. She had discussed these in therapy with respondent, how it felt really good and how she felt a real connection. Respondent told her that a lot of people who had CE-IV experiences had a need for a spiritual belief and many identified with the Native American belief because of the concept of interrelationship and the living earth. About November 1992 respondent said at meetings and in therapy with D.S. that there was some interest in the CE-IV group in forming a side group dealing with the spiritual aspects of CE-IV, with special interest in Native American spirituality. Respondent asked if D.S. wanted to participate, and she indicated she did. In about February 1993, D.S. got a call giving her the time and place for the first meeting of the side group. D.S. understood the meeting would be to talk about the concept and direction, and to find some connection between CE-IV and spiritual belief. D.S. met respondent and some others at the American River. Respondent brought a backpack with certain Native American ceremonial items in it. He brought out what appeared to be a Hopi rattle, a pipe, tobacco and cedar. He lit some cedar, blew it out and used it to smudge participants for cleansing. He said they would load the pipe, pass it around and each person would say a prayer, smoke from the pipe and pass it on. Respondent asked each person to make a statement about their Native American beliefs. D.S. became frightened by the experience. She did not feel right. She thought the items were being used as a show and that participation was disrespectful. When it was her time to speak, she said she had nothing to add. Respondent became angry with her for failing to participate. A few days later, D.S. went to her scheduled therapy session. By that time she no longer trusted respondent and no longer considered him a caring person. She ceased her relationship with him on the spot. Respondent's diagnosis at termination was: Page[ 16 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1449) Wed 11 Oct 95 4:30 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 17 & 18 ---------------------------------------------------------------------- @EID:8df9 1f4b23c0 @MSGID: 1:106/9788.2 5b92ad97 @REPLY: 1:272/85.666 cc2ddbe3 Axis I: Factitious Disorder with Psychological Symptoms (Psychological Munchausen Syndrome); Axis II: Personality Disorder NOS (Addiction to Victim Identity Syndrome) The evidence did not establish that respondent discussed with D.S. intimate details of his sexual relationship with his wife. VI Respondent has been involved with counseling for about 30 years, first as a Catholic priest, and later as a licensed therapist. He has no prior disciplines. Respondent was employed by community agencies, such as the Marin and Calaveras County Mental Health Departments, before opening a private practice. He is married and the father of two and the stepfather of two. AT the time of the Accusation by the Board of Psychology, respondent was president of the Sacramento Valley Psychological Association. Respondent was not fueled by evil motive. He believes in extraterrestrial life and believes he has had ET experiences. In 1989, he had he had three patients who presented with stories of ET contact. It was those contacts that inspired his interest in researching ET issues. He formed the CE-IV group so that experiencers would have others with whom to share, so they would not feel isolated. While respondent believes that there is nothing intrinsically erotic or wrong with nudity, he also had no understanding that others, and in particular his patience here, might not be as comfortable as he in nudity with others. While he may not have had a sexual motivation, these patients considered at least some of his actions to raise sexual issues. Respondent showed an incredible lack of insight in failing to appreciate the distress he caused these patients. Respondent has participated in individual therapy since these events. Unfortunately, his therapist did not testify. While respondent testified that he has learned of possible errors, he did not express understanding of his misconduct. When he did address the charges, and possible wrongdoing on his part was conditional, or placed responsibility on others. For example, when asked if he would handle the hot tubbing situation differently, rather than saying something like, "I would not do it. I would not put my patients at risk," respondent replied: "Absolutely... First of all, given the fact that a current client was involved, even though I had drawn the conclusion that she had resolved the abuse traumatic issues to the point where there was minimal Page[ 17 to no risk of resurfacing or exacerbation of them, upon further reflection, it has become obvious that one can never have total certainty that a person will not interpret or misperceive or be told by someone else that they ought to have a perspective about that experience. Or in all the other ways in which one can, however innocent an even is,derive a sense of harm. So that is one consideration that would lead me not to reengineer such an event. "Another consideration is that it has become abundantly clear to me by subsequent statements by knowledgeable persons, including the board's experts, that the contemporary reading on standards of practice does not include therapist nudity in the presence of patients regardless of innocence or safety of situation or patient's level of recovery or proximity of termination of therapy." "And I could go on and on if need be, but there are compelling considerations that would make it quite clear to me that that is not a situation that needs to repeat. And in hindsight, should (not) have taken place the way it did." (R.T. 1/12 - 1/13/95 213:5 - 214:8) Respondent said he would not repeat the kind of conduct that occurred here. However, it was not established that respondent has gained any insight, only that he has learned from this disciplinary hearing experience that certain conduct is unacceptable. Respondent never apologized for what he did. Respondent never admitted what he did was wrong. VII Most of the material facts in this matter were not in dispute. In some circumstances, the differences represent the different perspectives of the persons involved. The complaining witnesses, D.W., K.G. and D.S., appeared to testify accurately to the best of their recollection. It was clear that D.W. had a history of being highly suggestible, adopting as her ideas and beliefs those of people around her and authors she had read. D.S. still carried a lot of anger toward and distrust of respondent. K.G. felt she was worse emotionally after her therapy with respondent. For the most apart, respondent was credible, although putting his own spin on events. However, he was also evasive, and at times pompous. He attacked the complaining witnesses' credibility and stability (by his final diagnosis,) yet for the same time period he had been seeking written reports from two of Page[ 18 ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943 ---------------------------------------------------------------------- (1450) Wed 11 Oct 95 4:31 By: J.J. Hitt To: David Dahl Re: Boylan - Pages 18-20 (end) ---------------------------------------------------------------------- @EID:1cbf 1f4b23e0 @MSGID: 1:106/9788.2 5b92b0ab @REPLY: 1:272/85.666 cc2ddbe3 them for his book on ET encounters and had one (D.W.) accompany him to speak at a UFO conference shortly before his final diagnosis. Respondent argued that he had treated D.W., and especially D.S., for some time before the ET issue arose. However, it arose at approximately the same time for both patients -- March 12, 1992 for D.S. and for D.W., shortly before the respondent left for his reconnaissance tour in April 1992. By this time, respondent was well into his research on the "secret government" and its efforts to disinform the public of UFOs and ETs. He had already advertised for research subjects who thought they might have had ET experiences. And it was shortly before the formation of his CE-IV group. His focus at that time was on extraterrestrial issues. At best he inadvertently allowed that focus to move into therapy as the primary interpretation of dreams and memories. VIII The Board of Behavioral Science Examiners established costs of $9205. No cost declarations were filed by the board of Psychology. DETERMINATION OF ISSUES I While the patients in this matter each questioned, at times, the sexual motivation of respondent, it was not established he in fact has such motivation while providing therapy or other relationships to these patients. It is not necessary for respondent's motivation to be sexual for sexual abuse to occur. Great weight must be given to the "victim's" perspective. Here, however, the victims were not sure what was going on. There was no sexual contact. They were upset and confused. The evidence did not establish sexual misconduct in violation of Business and Professions Code sections 726, 2960(o), 4982(k) or 4992.3(k) II Respondent abused his role as a therapist and was grossly negligent, in violation of Business and Professions Code section 2960(j), 4982(d) and 4992.3(d) in imposing his personal views of D.W. and D.S., as set forth in Finding III and V. page[ 19 III Respondent committed gross negligence, in violation of Business and Professions Code sections 2960(j), 4982(d) and 4992.3(d) when he developed an inappropriate dual relationship with D.W. that included travel together to and around Las Vegas, as established bt Findings III. IV Respondent committed gross negligence, in violation of Business and Professions Code sections 2960(j), 4982(d) and 4992.3(d), when he gave D.W. a massage in his hotel room in Las Vegas, as established by Findings III. V Respondent committed gross negligence, in violation of Business and Professions Code sections 2960(j), 4982(d) and 4992.3(d), when he invited D.W. to his home in November 1992 and engaged in nude hot tubbing, as established by Findings III. VI The evidence did not establish that respondent suggested that he perform a vaginal examination on D.W. VII Respondent committed gross negligence, in violation of Business and Professions Code sections 2960(j), 4982(d) and 4992.3(d), when he invited K.G. to his home in December 1991 and engaged in nude hot tubbing, as established by Findings IV. VIII It was not established that the act of inviting K.G. and D.S. for nude therapy sessions at Harbin Hot Springs amounted to gross negligence, in violation of Business and Professions Code sections 2960(j), 4982(d) and 4992.3(d). IX Respondent committed gross negligence, in violation of Business and Professions Code sections 2960(j), 4982(d) and 4992.3(d), when he bartered therapy for nude massages from K.G., as established by Findings V. X Respondent committed gross negligence, in violation of Business and Professions Code sections 2960(j), 4982(d) and Page[ 20 4992.3(d) by shifting the focus of D.S.'s therapy from her presenting problems to his interest in ET encounters, as established by Findings V. XI While it may have been thoughtless, or possibly negligent for respondent to try to recreate a Native American ritual with D.S. present, it did not rise to the level of gross negligence. XII It was not established that respondent discussed with D.S. details of his sexual relationship with his wife. XIII Determinations II - V, VII, IX and X, and each of them are grounds for discipline. ORDER ----- I The Psychologist, Licensed Social Worker and Marriage, Family and Child Counselor licenses issued to respondent Richard Boylan are revoked. II Respondent shall pay costs to the Board of Behavioral Science Examiners in the sum of $9205/ Dated: (August 1, 1995) ---------------- [Signature appears on document] ------------------------------- MURIEL EVENS Administrative Law Judge Office of Administrative Hearings page[ 21 [end] ooOOoo --- Msgedsq 2.2e * Origin: My Pal Foot Foot (Houston) (1:106/9788.2) SEEN-BY: 102/2 138 435 752 837 890 943 1013 147/7 270/101 280/1 9 25 26 31 45 SEEN-BY: 280/115 135 333 378 396/1 @PATH: 30873/2 106/9788 888 449 2000 270/101 280/1 102/2 752 943

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