BEFORE THE BOARD OF PSYCHOLOGY
IN RE: S. MARK CROSS, PH.D.
License No.: 0810-000982
In accordance with Sections 2.2-4019, 2.2-4021 and 54.1-2400(10) of the Code of Virginia (1950), as amended ("Code"), an informal conference was held with S. Mark Cross, Ph.D., on February 25, 2003, in Richmond, Virginia. Members of the Virginia Board of Psychology ("Board") serving on the Special Conference Committee ("Committee") were: David L. Niemeier, Ph.D., Chairman; and Virginia Van de Water, Ed.D. Dr. Cross appeared personally and was represented by E. Lewis Kincer, Jr., Esquire. The purpose of the informal conference was to inquire into allegations that Dr. Cross may have violated certain laws governing the practice of psychology in the Commonwealth of Virginia, as set forth in a Notice of Informal Conference dated January 6, 2003.
FINDINGS OF FACT and CONCLUSIONS OF LAW
Now, having properly considered the evidence and statements presented, the Committee makes the following Findings of Fact:
1. S. Mark Cross, Ph.D. holds license number 0810-000982 issued by the Board to practice psychology in the Commonwealth of Virginia.
2. During the course of his treatment of Client A between on or about December 22, 1999, and October 23, 2000, Dr. Cross violated 18 VAC 125-20-150(B)(13) of the Virginia Board of Psychology Regulations in that, he failed to maintain appropriate clinical records of Client A's treatment in that he failed to document the following: diagnosis, a treatment plan, a record of treatment and/or services provided, the results of the treatment and/or services provided and the client's progress.
WHEREFORE, based on the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED that S. Mark Cross, Ph.D. be issued a REPRIMAND.
It is further ORDERED that Dr. Cross be subject to the following terms and conditions:
1. All reports required by this Order shall be submitted in writing to the Board office with the first report being received no later than thirty (30) days following the date that this Order is final. Subsequent reports must be received quarterly by the last day of the months of September, June, December and March until the period of probation ends. Dr. Cross is fully responsible for ensuring that all required reports are properly submitted and received by the Board in a timely manner.
2. Dr. Cross shall enter into individual supervision of the record keeping aspects of his practice with a Board approved supervisor for not less than one (1) year. Dr. Cross shall enter into said supervision no later than thirty (30) days following the date this Order is final. Said supervisor shall submit his/her resume, qualifications and credentials to the Board for approval, and shall act as a duly constituted agent of the Board. Dr. Cross shall meet with his supervisor within fifteen (15) days of the date of approval for the purpose of beginning supervision. Dr. Cross will insure that the Board approved supervisor receives a copy of the Report of Investigation and this Order prior to supervision commencing. Prior to any change of supervision, Dr. Cross must obtain Board approval.
a. Dr. Cross and his supervisor shall meet in person at least one (1) time a month in a supervisory session for the purpose of engaging in continuous audit and monitoring of the record keeping aspects of Dr. Cross' practice. The supervision shall take place at a location designated by the supervisor, with at least one (1) meeting per quarter to take place at Dr. Cross' practice, and shall make available the records of all of his clients for audit inspection. The audit shall include an adequate sampling of age range and type of patients seen by Dr. Cross.
b. Dr. Cross' supervisor shall submit a detailed review of the supervisory activities in addition to any supervisory recommendations to the Board. These reviews shall be sent to the Board office as stated in term number 1. Should Dr. Cross or his practice supervisor request modification of the terms of this Order, said request shall be proffered in writing to the Board.
c. Dr. Cross shall bear all reasonable expenses of his supervisor including a per hour charge for the supervision, report writing and information gathering of the supervisor at his/her hourly fee.
3. Dr. Cross shall maintain a course of conduct in his practice of psychology commensurate with the requirements of Title 54.1, Chapter 29 of the Code and all laws of the Commonwealth.
4. Dr. Cross shall cooperate with the Virginia Board of Psychology and the Department of Health Professions in the investigation or inspection of his practice to verify that he is in compliance with this Order. 5. Dr. Cross shall notify the Executive Director of the Board by certified mail of any change of address within ten (10) days of such occurrence.
Violation of this Order may constitute grounds for suspension or revocation of Dr. Cross' license. In the event that Dr. Cross violates this Order, an administrative proceeding may be convened to determine whether his license shall be revoked.
Upon receipt of evidence that Dr. Cross has complied with the requirements of this Order, this case shall be closed without further proceedings. In the event Dr. Cross fails to comply with the requirements of this Order, in the Board's discretion, he may be noticed to meet with an informal conference committee.
Pursuant to Section 2.2-4023 of the Code, the signed original of this Order shall remain in the custody of the Department of Health Professions as a public record, and shall be made available for public inspection and copying upon request.
If Dr. Cross does not consent to the Committee's decision and desires a hearing before the Board or a panel thereof, he shall notify, in writing, Evelyn B. Brown, Executive Director, Board of Psychology, 6603 W. Broad Street, Fifth Floor, Richmond, Virginia 23230-1712, within thirty-three (33) days from the date of entry of this Order. This Order shall become final upon the expiration of the thirty-three (33) day period unless a written request for a formal hearing is received within such time. Upon receiving timely request for a hearing, the Board or panel thereof shall then proceed with a hearing as provided in Sections 2.2-4020 and 2.2-4021 of the Code of Virginia (1950), as amended.
FOR THE BOARD:
Evelyn B. Brown Executive Director Board of Psychology
ENTERED March 4, 2003
Certificate of Service
I hereby certify that a true copy of the foregoing Order was mailed to S. Mark Cross, Ph.D., at __________, _______, Virginia ________, and Lewis Kincer, Jr., Esquire, P.O. Box 8088, Richmond, Virginia 23223-0088, on the, 4th day of March, 2003.
Evelyn . Brown Executive Director Board of Psychology