Current through Reg. 50, No. 187; September 24, 2024
Any licensee determined to have violated the provisions of
chapter 483, F.S., and the rules adopted thereunder may be ordered to serve
probationary terms including any or all of the following:
(1) Probationer's license is suspended for a
period of time set by the Board, said suspension to be stayed so long as the
licensee complies with the terms of probation set forth below.
(2) The licensee is placed on probation for a
period of time set by the Board. Any deviation from the requirements of the
probation without prior written consent of the Board shall constitute a
violation of this probation. Upon a finding of probable cause that a violation
of this probation has occurred, the licensee's license shall be subject to
immediate and automatic suspension upon the recommendation of the Probable
Cause Panel pending the licensee's appearance before the next Board meeting.
The licensee will be given notice of the hearing and an opportunity to defend.
The probationary period shall automatically terminate at the end of a
prescribed time, but only if all terms and conditions have been met. Otherwise,
the probation shall be terminated only by order of the Board upon proper
petition of the licensee, supported by evidence of compliance with the Final
Order.
(3) The licensee's probation
shall be subject to the following terms and conditions:
(a) Probationer shall comply with all state
statutes and rules pertaining to clinical laboratory personnel in chapters 456
and 483, Part II, F.S., and the rules of the Board.
(b) Probationer shall appear before the Board
at the first meeting after said probation commences, at the last meeting of the
Board preceding termination of probation, and at such other times as requested
by the Board.
(c) In the event
Probationer leaves the State of Florida for a period of thirty days or more, or
otherwise does not engage in practice in Florida, Probationer's probation shall
be tolled and shall remain in a tolled status until Probationer returns to
active practice in the State of Florida, at which time the probationary status
shall resume. Probationer must keep current residence and business addresses on
file with the Board. Probationer shall notify the Board within ten (10) days of
any changes of said addresses.
(d)
Probationer shall practice only under the supervision of a clinical laboratory
person licensed under chapter 483, part II, F.S., to be approved by the Board
or its designee. Probationer shall have the supervising person with the
Probationer at the Probationer's first probation appearance before the Board.
Prior to approval of the supervising person by the Board or its designee, the
Probationer shall provide to the supervising person a copy of the
administrative complaint filed in this case. A failure of the Probationer or
the supervising person to appear at the scheduled Board meeting shall
constitute a violation of the Board's Final Order. Prior to the approval of the
supervising person by the Board or its designee, Probationer shall submit to
the Board or its designee a current curriculum vitae and description of the
current practice from the proposed supervising person. Said materials shall be
received in the Board office no later than 14 days before Probationer's first
scheduled probation appearance. Probationer shall be responsible for ensuring
that the supervising person submits the required reports. The responsibilities
of the supervising person shall include:
1.
Submit quarterly reports, which shall include:
a. Brief statement of why Probationer is on
probation.
b. Description of
Probationer's practice.
c. Brief
statement of Probationer compliance with terms of probation.
d. Brief statement of Probationer's
relationship with supervising person.
e. Detail any problems which may have arisen
with Probationer.
2.
Review a percentage of records which reflect the Probationer's practice and
performance which may include but not be limited to patient reports,
proficiency testing, quality control records, calibration, preventive
maintenance and any other pertinent records.
3. Consult with Probationer's immediate
superior at work regarding Probationer's performance.
4. Review Probationer's use of pharmaceutical
agents.
5. Report to the Board any
violations by the Probationer of chapters 456 and 483, part II, F.S., and the
rules promulgated pursuant thereto.
(e) Probationer shall submit quarterly
reports to the Board. The reports shall include:
1. Brief statement of why Probationer is on
probation.
2. Practice
location.
3. Description of current
practice stating type and composition.
4. Brief statement of compliance with
probationary terms.
5. Description
of relationship with the supervising person.
6. Description of any problems.
7. Notarized copies of a number of records
which reflect the practice and performance of the Probationer within the
previous 30 days with all identification of patient suitably obliterated, if
appropriate.
(f)
Probationer shall obtain a number of Continuing Education credits in specific
areas, within a number of months/year(s), in addition to those hours required
for renewal of licensure.
(g)
Probationer shall see a psychiatrist, psychologist or psychotherapist approved
by the Board or its designee at least the specified number of visits for
evaluation and treatment.
(h)
Probationer shall not consume, inject or ingest any controlled substance unless
prescribed or administered by a practitioner authorized by law to prescribe or
dispense controlled substances. However, the drugs shall only be consumed,
injected or ingested for a medically justifiable purpose.
(i) Probationer shall not consume
alcohol.
(j) Probationer shall
attend AA or NA meetings on a frequency of at least one meeting per
week.
(k) Probationer shall submit
to random blood and/or urine testing for the purpose of ascertaining
Probationer's compliance with probation.
(l) Probationer shall pay all reasonable
costs of obtaining random urine and/or blood screens.
(4) Probationer shall pay an administrative
fine in the amount set by the Board and comply with rule
64B3-12.006,
F.A.C.
Rulemaking Authority
456.079,
483.805(4) FS.
Law Implemented 456.079,
483.827
FS.
New 8-3-93, Formerly 61F3-12.003, 59O-12.003, Amended
1-28-99, 2-24-04.
