A license review is continuing for a Millcreek Township psychologist who pleaded no contest in May to a misdemeanor charge that he touched a 10-year-old girl in an offensive manner at his house in 2013.

Matthew Lee McDonald, 38, remains licensed to practice as he awaits sentencing on July 29, though his clients, for now, cannot be younger than 18 and an outside monitor must check on McDonald's compliance with that rule, according to state records.

The state Board of Psychology imposed the restrictions in March, when the board also lifted a temporary suspension of McDonald's license, according to state records.

The board suspended the license on Feb. 10 in light of the criminal case, in which Millcreek police charged McDonald with two misdemeanor counts in October.

McDonald and the board agreed that the restrictions on his practice would be in place "pending resolution of the misdemeanor charges," according to the agreement, which was dated March 7.

Under the terms of the agreement, McDonald's plea of no contest can reopen the licensing case, in which a prosecuting attorney for the state can file for further action before the Psychology Board.

The board on Friday published a legal advertisement in the Erie Times-News that stated the board on Feb. 10 temporarily suspended McDonald's license, but the ad did not mention the March 7 agreement that lifted the suspension.

The spokesman for the Department of State, which includes 27 licensing boards, said delays frequently occur between when a board issues a disciplinary action and when a notice is published as a legal ad.

"However, in this case, I do not know why the lag seems to have been extraordinarily long," the spokesman, Ron Ruman, said in an e-mail.

Ruman also said the department does not comment on specific cases, but said the Psychology Board, under the agreement with McDonald, is allowed to consider further action pending "the disposition of the criminal charges."

McDonald's lawyer in the licensing case, Thomas J. Weber, of Harrisburg, said he is prepared to argue that McDonald should remain licensed, and that the board should eventually lift the restrictions.

The criminal case against McDonald was "not related to the practice," Weber said. McDonald was not treating the 10-year-old girl, and the incident occurred at a sleepover at McDonald's house, police said.

"I am very confident that he will maintain his license without further interruption," Weber said.

McDonald's practice is the Abundant Life Counseling Center, 3255 W. 26th St. Weber said McDonald's clients are predominantly adults and that he was not actively treating any minor clients at the time of the incident.

McDonald, who is free on unsecured bond of $5,000, pleaded no contest in Erie County Court on May 28 to one second-degree misdemeanor count of simple assault.

Police charged him with one first-degree misdemeanor count each of corruption of minors and indecent assault. The District Attorney's Office dismissed the corruption charge and reduced the indecent assault count to the second-degree misdemeanor of simple assault.

With the no-contest plea, McDonald chose not to challenge evidence that he touched the girl's buttocks with his hand "knowing the contact was offensive to her," according to court records.

The girl testified at a December preliminary hearing that she was at a sleepover at McDonald's house when McDonald, who had climbed into bed between her and another girl, started scratching her back. McDonald then touched her buttocks with his hand under her underwear, she said.

 

ED PALATTELLA can be reached at 870-1813 or by e-mail. Follow him on Twitter at twitter.com/ETNpalattella.