BEFORE THE

BOARD OF BERAVIORAL SCIENCES

DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 200-2014-1373

BARRY TONNIS LEVY

5613 Pimenta St.

Lakewood, CA 90712

Licensed Marriage and Family Therapist

License No. LMFT 13388

Respondent.

DECISION AND ORDER

The attached Stipulated Surrender of License and Order is hereby adopted by the Board of
Behavioral Sciences, Department of Consumer Affairs, as its Decision in this matter.
This Decision shall become effective on _ __....M._a_r__
c_h_1-..6"*"''_ 20
......1..._1..____

It is so ORDERED February 1 4 , 2O11

FOR THE aoARD OF BEHAVIORAL SCIENCES

DEPARTMENT OF CONSUMER AFFAIRS
 1 KAMALA D. HARRIS .
Attorney General of California
2 MAR.c D. GREENBAUM
Supervising Deputy Attorney General
3 CHRISTINA THOMAS
Deputy Attorney General
4 State Bar No. 171168
300 So. Spring Street, Suite 1702
-5 Los Angeles, CA 90013
Telephone: (213) 897-2557
6 Facsimile: (213) 897-2804
Attorneys for Complainant
7
8 BEFORE THE
BOARD OF BEBAVIORAL SCIENCES
9 DEPARTMENT OF CONSUMER AFFAIRS.
STATE OF CALIFORNIA .
10
11-----------------------------~
11 In the Matter. of the Accusation Against: Case No. 200-2014-1373
BARRYTONNISLEVY .
12 5613 Pimenta St.
OAHNo. 2016041124
Lakewood, CA 90712

13
STIPULATED SURRENDER OF
Licensed Marriage and Family Therapist LICENSE AND ORDER
14 License No. LMFT 13388
15 Respondent.
16

17 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above
18 entitled proceedings that the following matters are tre:
19 PARTIES

20 1. Kim Madsen (Complainant) is the Executive Officer of the Board 9fBehavioral

21 Sciences (Beard). She brought this action solely in her official capacity and is represented-in this
22 matter by Kamala D. Harris, Attorney General ofthe State of California, by Christina Thomas,
23 Deputy Attorney General.

24 2. Respondent Barry Tonnis Levy (Respondent) is representing himself in this

25 proceeding and has chosen-not to exercise his right to be represented by counsel.
26 3. On or about January 10, 1979, the Board issued Marriage and Family Therapist
27 License No. LMFT 13388 to Barry Tonnis Levy.. The Marriage and Family Therapist License
28

1
Stipulated Surrender ofLicense (Case No. 200-2014-1373)
 1 was in full force and effect at all times relevant to the charges brought in Accusation No. 200
. . .
2 2014-13 73, and will. expire on December 31, 2016, unless renewed.

3 JURISDICTION

4 4. Accusation No. 200-2014-1373 was filed before the.Board, and is currently pending
5 against Respondent. The Accusation and all other statutorily required documents were properly
.6 served on Responden~ on December 2, 2015. Respondent timely filed his Notice of Defense
7 contesting the Accusation.
8 ADVISEMENT AND WAIVERS
9 5. Respondent has carefully read, and understands the charges and allegations in
10 Accusation No: 200-2014-1373. Respondent has also carefully read, and understands the effects
11 of this Stipulated Settlement and Disciplinary Order.
12 6. Respondent is fully aware of his legal rights in this matter, including the right to a
13 hearing on the charges and allegations in the Accusation; the right to be represe~ted by counsel at
14 his own expense; the right to confront and cross-examine the witnesses against him; the right to
. 15 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel
16 the attendance of witnesses and the production of documents; the right to reconsideration and
17 ~ourt review of an adverse decision; and all ot~er rights accorded by the California
18 Administrative Procedure Act and other applicable laws.
19 7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and
20 every right set forth above.
21 CULPABILITY
22 8. Respondent admits the truth of each and every charge and allegation in Accusation
23 No.. 200-2014-1373, agrees that cause exists for discipline and hereby surrenders his Marriage
24 and Family Therapist License No. LMFT 13388 for the Boar4's formal acceptance.
25 9. Respondent understands that by signing this stipulation he enables the Board to issue
26 an o:rde~ accepting the surrender of her Marriage and Family Therapist License without further
27 process.
28 CONTINGENCY

2
Stipulated Surrender of License (Case No. 200-2014-1373)
1 10. This stipulation shall be subject to approval by the Board of Behavioral Sciences.
2 Respondent understands and agrees that counsel for Compl~nant and the staff ofthe Board of

3 Behavioral Sciences may communicate directly with the Board regarding this stipulation and
. .
4 surrende~, without notice to or participation by Respondent or his counsel. By signing the
5 stipulation, Respondent understands and agrees that h~ may not withdraw his agreement or seek
6 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails

7 to adopt this stipulation as its Decision and Order, the Stipulated Surrender and Disciplinary

8 Order shall be ofno force ,or effect, except for this paragraph, it shall be inadmissible in any legal
. .
9 action between the parties, and the Board
.
shall
,
not be disqualified from further action by having

10 considered this matter:

11 11. The parties understand and agree that Portable Document Format (PDF) and facsimile

12 copies of this Stipulated Surrender of Lice?se and Order, including Portable Document Format

13 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.

14 12. This Stipulated. Sun.ender of License and Order is intended by the parties to be an

JS integrated writing representing the complete, final,

.
and. exclusive embodiment of their
. agreement.

16 It supersedes ~y and all .prior or contemporaneous agreement~, understandings, discussi<;>ns~

17 negoti~tions, and commitments (written or oral). This Stipulated Surrender of License.and Order

18 may not be altered, amended, modified, supplemented, or otherwise changed except by a writing

19 executed by an authorized ~epresei;itatLve of each of the parties.

20 13. In consideration of the foregoing admiss.ions and stipulatfo,ns, the parties agree that
21 the Board may, without further notice or formal proceeding, issue and enter the following Order:
22 Ill
23 Ill

24 Ill

2S Ill
26 Ill
.27 Ill
28

3
Stipulated Surrender of License (Case No. 200-2014-1373)
1

2
3 ORDER
4 IT IS HEREBY ORDERED that Marriage and Family Therapist License No. LMFT 13388,
5 issued to Respondent Barry Tonnis Levy, is surrendered and accepted by the Board of Behavioral
6 Sciences.
7 1. The surrender of Respondent's Marriage and Family Therapist License and the
8 acceptance of the surrendered license by the Board shall constitute the imposition of discipline
9 against Respondent.. This stipulation constitutes a record ofthe discipline and shall become a part
10 of Respondent's.license history with the Board of Behavioral Scienc_es.
11 2. Respondent shall lose all rights and privileges as Marriage and Family Therapist in
12 California as of the effective date of the Board's Decision and Order.
13 3. Respondent_shall cause to be delivered to the Board his license and certificate and, if
14 one was issued, his wall certificate, on or bef<?re ~e effective date of the Decision and Order.
15 4. The Respondent further agrees that with the adoption by the Board of his license
16 surrender, Respondent may not petition the Board for reinstatement of the surrendered license.
17 5. Respondent may reapply to the Board for Iicensure three years from the ~ate of
18 surrender and must meet all current requirements for licensure including, b~t ~~t limited, to filing
19 a current application, meeting all current educational and experience requirements, and taking and
20 passing any and all examinations required of new applicants.
I

21 6. Respondent_understands that should he ever reapply for licensure as a Marriage and

22 ~amity Therapist or should he ever apply for any other registration or licensure issued by the
23 Board, or by the Board of Psychology, all o~the charges contained in Accusation No. 200-2014
24 1373 shall be deemed admitted for the purpo~e of any Statement of Issues .or other proceeding
25 seeking to deny such application or reapplication.
26 7. Respondent shall pay the agency its costs of investigation and enforcement in the

27 amount of $4,500.00 prior to issuance of a new license.

28 ///

Stipulated Surrender of License (Case No. 200-2014-1373)

1. Ill
2 Ill ..
. . .
3 ACCEPTANCE
. ..
4 I have carefully read t~e above Stip~lated Surrender ofLicense and Order .and i un4~rs~~~:. :, :. .. '. - . :
5 .the stipulation and the effect it will have on my Marriage and.Famil~ Therapist LiC:etis~. {~/." > .:/ :
.. 6 into this Stipulated Surrender of Li~ense ap.d Order voluntarily, knowingly, and intelligently; and.
. . . . : .. : ..
7 agree to be bound by the Decision and Order of the
'.
8
9 DATED:

. 10 l '

11 . ENDORSEMENT
.........

12 Tiie foregoingStipul~ted Surrender of License and Order is llere~y resp~ctfujly_-~~b~i~~~ .:.

13 for con8ideration by the Board. ofBehavio~al Sciences ofthe Deparlment of Constner~A'ff~~s;' :. . :: . ........ :

. J4

15
16
.

Dated:
.

lL I -z l Ilo
. ..

1
. .

~~:mil~
. . .

Attorney Ge~eral of California: . . .

.

. : : .
.,. . . . . . . ,.. . . . .

MARC D, GREENBAUM . .. .
. 17 Supervisin Peptity Attorney' GeJie~~1
...
.. ..
1s

19 c ff .. . .- . : ..

.. 20
Depty Attorney Genera: :-.. ~ :.. -. .-.: . .. .. ...
Attorneys/or Compfainant - :.. : .: . ---~. , .
.. : . .,,
21 ....
..
.~

.
: f
., . . ..
. 22.
. LA2015501451
23 52294279.doex

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25

26
27

28

Stipulated Surrender of.License

.
(Case No.
.
200-20141373) "~-
 Exhibit A

Accusation No. 200-2014-1373

 .1 KAMALA D. HARRIS
Attorney General of California
2 MARcD. GREENBAUM
Supervising Deputy A;ttorney General
3 CHRISTINA THOMAS

:Oeputy Attorney Gene~al

4 State Bar No. 171168

300 So. Spring Street, Suite 1702

5 Los AngeJes, CA 90013

Tele(lhone: (2~3) 897..2557

6 Facsimile: (213) 897..2804

Attorneys for Cot;nplel;inant
7
BEFORE THE
8 BOARD OF BEi-IAVIORAL SCIENCES
DEPARTMENT OF CONSUMER AFFAIRS
9 ISTATE OF CALIFORNIA
10
In the Matter of the Accusation Against:" Case No. 200..2014~1373
11
BARRY TONNIS LEVY
12 2750 Bellflower Blvd., Ste. 206 B & C
Long Beach, CA 90815 AC CU SA TIO N
13
Marl'iage and Family Thel'apist License No.
14 LMFr 13388
15 Respondent.
16
17 Complainant alleges: .
18 PARTIES
. .
19 1. Kim Madsen (11 C6mplaina11t11 ) brin~ this Accusation solely in her official capacity as
20 the Executive Officer of the Board of ~ehavioral Sciences, Department of Cons.umer Affairs.
21 2. On or about January 10, 1979, the Board of Behavioral S~iences ("Board") issued
22 Mar11age and Family Therapist License Number LMFT 13388 to Barry Tonnis Levy
I

11 11
23 ( Respondent ), The Marriage and Family Therapist License was in full force and effect at all'
24 times relevant ta th~ charges brought herein and will expil'e on December 31, 2016, unless
25 renewed.
26 /II
27 II I
28 /II
. 1
D.I\ d.YTONNIS LBVY ACCUSATION
 1 .IQRISDICTION
2 3. This Accusation is bl'Ou.ght before the Board under the, authority of the following
3 laws. All section references are to the Business and Professions Code ("Code") unless othe1wise

4 indicated.

5 4. Section 118, subdivision (b), of ilie Code pro:vides that the su'spension, expiration,

6 sunender, or cancellatio11 of a license shall not deprive the Board of jurisdiction to pro~eed with a

7 disciplinal'y action during the period within which the license may be renewed, restored, reissued

8 or reinstated.
g. STATUTE
10 S. Section 4982 states, in pertinent' part:
11 "The board may deny a license oi registration or may suspend or revoke the license or
12 registration of a lie<?nsee or registrant if.he or she has been guilty of unprofessio~al conduct.
13 Unprofe8sional conduct includes, but is notlimited to, the following:
14 .....
15 "(d) Gross negligence or incompetence in the pe1'formance of marriage and family therapy.
16
17 "(s) Performing or holqing oneself out as being able to perform professional se1'V~ces
18 beyond the scope of one's competence,,as e8tablished by one's education, training, or experience.
19 This subdivision shall not be construed to expand the scop~of the license authorized by fll:is
20 chapter.11
21 . '.'

22 COST RECOVERY
23 6. Section 125.3 of the. Code provides, in pertinent part, that the Board inay .request the
f'

24 administrative law judge to direct a licentiate found to hav~ conn~itted a violation or violations of.
25 the licensing act to pay a sum not to exceed the reasonable costs of the ~vestigation and
26 enforcement of the case,
27 ///
28 //I
2
BARRY TONNlS LEVY ACCTJ.~.t\TION
 1 pAeTUALBACKGROUND
2 7. On or about July 4, 2012, Mr. G. and. Mr~. G. sepanited. On Septembe1 18, 2013, Mr.

3 G. and Mrs. G. entered into a stipulation granting them joint legal custody of thefr four chilchen,

4 with sole physical custody to Mrs. G. and visitation lights to Juan.

5 8. On or ~bout March 27, 2014, Mi. G. and Mr~; G. entered into a supplemental
. .

6 stipulation providing that Mr. G. would attend a "reunification therapy session11 witli Respondent,

7 and that Mr, G. would attend furthei s~sions if Respondent thoughfit Yfa8 in the ~est interests of

8 the children to do so. At ~at time,. the children were Respondent's clients.

9 9. On or about June 10, 2014, Respondent wrote a letter to the Los Angel.es Sup.erior

.10 Court ("Court") at the request of Mrs. G.'s attorney detailing his opinions about Mr. G., Mr. G.'s

11 parenta:I fitness,and Mr. 0 1~ relationship wiili his children. This. letter was attached to Mrs. G. 's

. 12 ex pru:te application, which was heard on June 11, 2014, for a change in the visitation order.
13 InCluded in. the letter were various recommendations to the Court regarding custody, visitation,
14 and other 01de1s.
15 FIRST CAUSE FOR DISCIPLINE
16 (Gross Neg~igenc~)
17 10.Respondent is subject to disciplinary action under Code section 4982, subdivision (d)
. .
18 on the grounds of gross negligence in that his conduct constitu~d an extreme departme from the
. 19 standru;d of care ordinarily exercised by a competent licensed marriage and family therapist. The
20" .cil'cumstances, which include by reference Pw:agraphs 7 through 9, as though fully set forth
21 herein, are as follows:

22 11. Respondent was a therapist for Mr. G. and Mrs. G. 's four cb)ldren and was retained to
23 be _a reunification the1api~t.for Mt. G. and the children.
24 12. On or abc;>nt June 10, 2014, Respondent wrote a letter to ilie Court which made
25 recommendations regarding custody of the children and other matters without the Coul't having
26 asked him to do so and without obtaining the pel'inission of both Mr. G. and Mrs. G.
27 /// ..'
28 ///

3
'RY TONNIS LBVY ACCUSATION
1 13. Respond~nt placed himself in the dual roles of reunification ther~pist and custody
2 eval1,1ator, in that he saw MJ.. G, and the children for the pill'pose of reu11ifying them, but then
3 made custody recommendations .to the.Court, thereby cre~ting a.conflict of interest.
4 SECOND CAUSE FOR DISCIPLINE
5 (Incompetence)
6 14. . Respondent is subject to discipiinary action under Code section 4982, subdivlsfon (d)
7 on the grounds of incompetence in that.Respondent failed to exercise that degree of leaming,
8 skill, care, and experience ordinarily po,ssessed and exe1cised by a cotp.petent licensed marriage
9 and family therapist: The cfrcumstances, which include by r~ference Pal'agraphs 7 through 9, as
10 though folly set forth herein, are as follows:
11 15. Respondent was a therapist for Mr. G. and Mrs. G. 1s four children and was retained to
12 ~ea 1eunification therapist for Mr. G. and the children.
13 16. On or about June 10, 2014, Respondent wrote a letter to the Court which made
14 recommendations regarding custody of the children ~d other matters without the Court having
15 asked him to do so and without obtaining the pe1mission of both Mr. O. and Mrs. G.
16 17. Respondent placed himself in the dual roles of"reunification therapist and custody
17 evaluator, in that he saw Mt. G. and the children for the purpose of reunifying them, but U1en
18 made custody recommendations to the Court, therebY. creating a conflict of intel'est. I

!
19 THIRD CAUSE FOR DISCIPLINE .I
20 (Performing Services Beyond the Scope of Competence and Training)
21 18. Respondent is subject to disciplinary action under Code sectiqn 4982, subdivision (s)
22 in that he pe1formed services beyond the scope of his competence, as established by his training,
23 education, and expedence. The circumstan~s, which include by reference Paragraphs 7 through
24 9, as though folly set forth herein, are that Respondent made custody recommendations to the
25 Court when Ile did not possess sufficient training, education, or experience to make such
26 recommendations.
27 11 I
28 I11
4
- - - - -BARRYTONNIS
- - - - - LBVY
--- -
ACCUSATtO~
 1 PRAYER

2 WHEREFORE, Complainant requests U1at ahearing be he~d on the matters herein alleged,

3. and that following the hearing, th~ Board of Behavioral Scie11ces issue a decision:

4 1. Revoldng or suspending Marriagy and Family Therapist License Number LMFI'

5 . 13388, issued to Bauy Ton11is Lev~;

6 2. Ord~ing Barry Tennis Levy to pay tho Board of Behavioral Sciences the 1ea8onable
7 .costs of the investigation and enforcement of.~ case, p~suant to Business and Professions

8 Co.de section 125.3; and

9 3. Taking su~h other and further action as deemed necessary and pmper.
10
11

12 DATED: November 17 1 201 s

13

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LA2015501451
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. :~ i:.'' T'1NNIS LEVY ACCUSATION