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
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BEFORE THE
MEDICAL BOARD OF CALIFORNIA
BOARD OF PSYCHOLOGY
ANNE 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. )
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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.
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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;
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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."
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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
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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.
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[1] CE-IV refers to close encounters of the fourth kind, or those
involving abductions by aliens.
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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
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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.
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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
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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
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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
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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
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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
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"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
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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.
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Q "Was he asking you question through 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
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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:
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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
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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
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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.
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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
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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
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Richard Boylan, Ph.D. (916) 455-0120
LLC 2826 O Street, Suite 2, Sacramento, CA 95816, USA.
E-mail:
rich.boylan@24stex.comRegular columnist in "Contact Forum" UFO newsletter:(800)366-0264;
and Bob Dean's "Stargate Newsletter":
Stargate@rtd.com
