Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-55 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-55.003 - Terms of Probation

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