Current through Reg. 50, No. 249, December 24, 2024
Any licensee determined to have violated the provisions of
chapter 478, F.S., 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 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 periods 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 electrology in Chapters 456 and 478, F.S., and the rules
promulgated pursuant there to.
(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
a 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 an electrologist fully licensed under
chapter 478, F.S., to be approved by the Board or its designee. Probationer
shall have the supervising electrologist with the Probationer at the
Probationer's first probation appearance before the Board. Prior to approval of
the supervising electrologist by the Board or its designee, the Probationer
shall provide to the supervising electrologist a copy of the administrative
complaint filed in this case. A failure of the Probationer or the supervising
electrologist to appear at the scheduled Board meeting shall constitute a
violation of the Board's Final Order. Prior to the approval of the supervising
electrologist 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 electrologist. 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 electrologist submits the
required reports. The responsibilities of the supervising electrologist 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
electrologist.
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/which certain constitutions.
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, part II and 478, 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 electrologist.
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
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.
(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 electrology
without fee or cost to the patient for the good of the people of the State of
Florida. Affidavits 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 90 days of the effective date of the
Final Order unless otherwise specified by the Board.
(5) This rule shall be reviewed, and if
necessary, repealed, modified or renewed through the rulemaking process five
years from the effective date.
Rulemaking Authority
456.079,
478.52(4) FS.
Law Implemented 456.072,
456.079,
478.52
FS.
New 11-16-93, Formerly 61F6-80.003, 59R-55.003, Amended
11-20-22.
