The board held an extended informal hearing Aug. 21 in the matter of Anthony Garcia, LMHC (Case LMHC202300983), where the Department of Health presented allegations that Garcia engaged in romantic and sexual conduct with at least one intern while he served as a qualified supervisor.

Prosecutor Colleen Nolan told the board the administrative complaint alleges that Garcia, while supervising an intern at Peaceful Mind Counseling Group, engaged in an inappropriate relationship that included kissing and other conduct during the supervisory period. Nolan asked the board to adopt the investigative report and the conclusions of law in the complaint.

Garcia appeared with counsel Jody Barrett. Barrett and Garcia acknowledged mistakes and said Garcia accepted responsibility for the relationship with the intern named in the complaint. Garcia described personal and professional mitigating circumstances, said he restructured his practice and no longer supervises interns, and told the board he has reviewed continuing education on boundaries and supervision.

Board Member Joaquin Molina expressed concern and called the conduct “egregious,” noting appearances in the investigative record of relationships with more than one supervisee. Nolan argued aggravating factors supported a severe penalty up to revocation. The board moved to adopt the conclusions of law and findings in the administrative complaint; the motion passed.

Later in the hearing a defense attorney raised disputed factual allegations that appear elsewhere in the investigative file and asked for a formal hearing. Following further discussion the board voted to withdraw its prior acceptance of the findings of fact and conclusions of law and to refer the matter to the Division of Administrative Hearings (DOAH) for a formal proceeding. The board also recorded that until the matter is resolved, Garcia will not supervise interns and staff will request written documentation showing the termination of relationships with listed interns.

The board’s final recorded action was a motion “to withdraw the acceptance of the findings of fact and conclusions of law and refer the matter to DOAH,” which carried by voice vote. The referral means the investigation now moves to a formal administrative adjudication rather than being resolved in an informal board proceeding.

No final disciplinary penalty was adopted by the board on Aug. 21; the DOAH referral preserves the department’s ability to seek discipline, and the board recorded directions to staff to obtain written documentation that supervised interns have been removed from formal supervisory relationships with Garcia.