Current through Reg. 50, No. 187; September 24, 2024
Any licensee determined to have violated the provisions of
Chapter 491, F.S., may be ordered to serve probationary terms including any or
all of the following when they are reasonably tailored to the violation
found:
(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 hereby
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
to practice 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 this 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 the
practice of Clinical Social Work, Marriage and Family Therapy, and Mental
Health Counseling in Chapters 456, and 491, F.S., and rule Division 64B4,
F.A.C.
(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 psychotherapist fully licensed under
Chapter 491, F.S., to be approved by the Board or its designee. Probationer
shall have the supervising psychotherapist with the Probationer at the
Probationer's first probation appearance before the Board. Prior to approval of
the supervising psychotherapist by the Board or its designee, the Probationer
shall provide to the supervising psychotherapist a copy of the administrative
complaint filed in this case. A failure of the Probationer or the supervising
psychotherapist to appear at the scheduled Board meeting shall constitute a
violation of the Board's Final Order. Prior to the approval of the supervising
psychotherapist 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 psychotherapist. Said materials shall be
received in the Board office no later than fourteen (14) days before
Probationer's first scheduled probation appearance. Probationer shall be
responsible for ensuring that the supervising psychotherapist submits the
required reports. The responsibilities of the supervising psychotherapist 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's
compliance with terms of probation.
d. Brief statement of Probationer's
relationship with supervising psychotherapist.
e. Detail any problems which may have arisen
with Probationer.
2.
Review a percentage of Probationer's patient records selected on a random basis
at least once every two (2) weeks.
3. Review all patient records treated
for/with certain conditions.
4.
Consult with Probationer on all cases involving specified conditions.
5. Review Probationer's use of pharmaceutical
agents.
6. Report to the Board any
violations by the Probationer of Chapters 456, and 491, 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 psychotherapist.
6. Description of any problems.
7. Copies of a number of patient records of
patients examined or treated by the Probationer within the previous sixty (60)
days with all identification of patient suitably
obliterated.
(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
evaluations and treatment.
(h)
Probationer shall not consume, inject or ingest any controlled substances
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.
(m) During a specified number of months, the
Probationer shall perform a number of hours of community service at a specified
location or organization. Community service shall consist of psychotherapy
without fee or cost to the patient for the good of the people of the State of
Florida. Documentation detailing the community service performed shall be filed
with the Board.
(4)
Probationer shall pay an administrative fine in the amount set by the Board,
said fine to be paid to the Board within a certain number of days of the
effective date of the Final Order.
Rulemaking Authority
456.072(2)(f),
491.004(5) FS.
Law Implemented 456.072(2)(f),
491.009
FS.
New 6-1-92, Formerly 21CC-5.008, 61F4-5.008, 59P-5.008,
Amended 5-12-20.
