Saturday, March 27, 2010

<<...Parents everywhere should beware... >

Danger: Before promoting any activity of the self proclaimed "Councilor of Earth", Richard Boylan, involving kids (or women,) is better to read carefully what follows..!

<<...Parents everywhere should beware... >


   In the Matter of the Accusation

       Richard J. Boylan, Ph.D    )
       License No. PSY-10047      )              No. W-14
                                  )                  N--9404129
                Respondent        )


       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.
                                           Board of Psychology


                                 BEFORE THE
                         MEDICAL BOARD OF CALIFORNIA
                                BOARD OF PSYCHOLOGY
                                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.



                                 FINDINGS OF FACTS


                 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.


                 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.



                 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;



                         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

                 "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."



   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

                 "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-

   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



                 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

                 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.



                 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



   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

                 Axis II: Personality Disorder NOS (Addiction to Victim
                       Status Syndrome)

                       Passive-Aggressive Personality Disorder.



                 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



                 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

   Respondent's treatment plan was "intermediate duration biweekly
   psychotherapy to correct PTSD, enhance identity and intimacy

                 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



                 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

   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



   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



                 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

   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

                 Axis II Borderline Personality Disorder

                         Obsessive-Compulsive Personality Disorder



                 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



   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

                 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



   "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



   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.



                 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

                 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



   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:



                 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.


                 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



                 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 -

                 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.


                 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



   them for his book on ET encounters and had one (D.W.) accompany
   him to speak at a UFO conference shortly before his final

                 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.


                 The Board of Behavioral Science Examiners established
   costs of $9205. No cost declarations were filed by the board of

                           DETERMINATION OF ISSUES


                 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)


                 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.




                 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.


                 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.


                 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.


                 The evidence did not establish that respondent
   suggested that he perform a vaginal examination on D.W.


                 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.


                 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).


                 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.


                 Respondent committed gross negligence, in violation of
   Business and Professions Code sections 2960(j), 4982(d) and



   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.


                 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


                 It was not established that respondent discussed with
   D.S. details of his sexual relationship with his wife.


                 Determinations II - V, VII, IX and X, and each of them
   are grounds for discipline.



                 The Psychologist, Licensed Social Worker and Marriage,
   Family and Child Counselor licenses issued to respondent Richard
   Boylan are revoked.


                 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



Richard Boylan, Ph.D. (916) 455-0120
LLC 2826 O Street, Suite 2, Sacramento, CA 95816, USA.
Regular columnist in "Contact Forum" UFO newsletter:(800)366-0264;
and Bob Dean's "Stargate Newsletter":

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