Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B4 - Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling › Chapter 64B4-5 - DISCIPLINE › Section 64B4-5.008 - Terms of Probation

Current through Reg. 50, No. 138; July 16, 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.