Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B20 - Board of Speech-Language Pathology and Audiology › Chapter 64B20-7 - DISCIPLINE › Section 64B20-7.008 - Standard Probation Terms

Current through Reg. 50, No. 138; July 16, 2024
Any licensee determined to have violated the provisions of
				  Part I of Chapter 468 or 456, F.S., and the rules adopted thereunder may be
				  ordered to serve probationary terms including any or all of the
				  following:
(1) The licensees licensure
				is suspended for the period of probation, with the suspension stayed for the
				period of probation. The time of the suspension and the stay shall run
				concurrently with the period of probation. If the licensee successfully
				completes probation, the suspension shall terminate. If the licensee fails to
				comply with the requirements set forth in the Final Order, the stay shall be
				lifted. Once the stay is lifted, the license shall remain in suspended status
				unless and until a further stay is granted by the Board.
(2) The licensee is placed on probation for a
				period of time indicated in the Board's final order. Any deviation from the
				requirements of the probation without prior written consent of the Board shall
				constitute a violation of the probation, and shall result in further
				disciplinary action by the Board. The probationary period shall automatically
				terminate at the end of the time indicated in the Final Order if all the terms
				and conditions of probation 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)
				Licensee shall comply with all state statutes and rules pertaining to
				Speech-language Pathology and Audiology in Chapter 456, and Part I of Chapter
				468, F.S., and the rules of the Board.
(b) Licensee shall appear before the Board or
				Probation Committee at the first meeting of the Board or Probation Committee
				after said probation commences, at the last meeting of the Board or Probation
				Committee preceding termination of probation, and at such other times as
				directed by the Board or Probation Committee. In each probation appearance, the
				licensee shall answer questions under oath and shall provide copies of all
				records, and operations questionnaires since the entry of the Final Order, if
				it is the first probation appearance, or since the preceding probation
				appearance if it is other than the first probation appearance. In addition, the
				licensee shall provide such other information or documentation as is requested
				by either the Department, the Board or the Probation Committee. The licensee
				shall forward said documentation to the Board in advance of the probation
				appearance. Respondent must keep current residence and business addresses on
				file with the Board and is subject to all other requirements for renewal.
				Respondent shall notify the Board within ten (10) days of any changes of said
				addresses.
(c) In the event the
				licensee's licensure is suspended or otherwise placed on inactive status, or if
				the licensee leaves the State of Florida for thirty (30) days or more, or
				otherwise does not engage in practice in Florida, the probation period shall be
				tolled and shall resume running at the time the licensee reactivates the
				license or returns to active practice in the State of Florida, and the licensee
				shall serve the time remaining in the term of probation.
(d) Licensee shall submit quarterly reports
				to the Board. The reports shall include:
1.
				Brief statement of why licensee is on probation.
2. Practice location.
3. Description of current practice setting
				and types of services provided to clients.
4. Brief statement of compliance with
				probationary terms.
5. Description
				of relationship with the supervising person.
6. Description of any problems.
7. Copies of a number of records which
				reflect the practice and performance of the licensee within the previous thirty
				(30) days with all identification of client suitably obliterated, if
				appropriate.
(e) Licensee
				shall obtain a number of continuing education credits in specific areas, within
				the period of time specified by the Board or in the final order, in addition to
				those hours required for renewal of licensure.
(f) If specified in the Final Order, the
				licensee shall practice only under the on-site and/or off-site supervision of a
				speech-language pathologist or audiologist licensed under Part I of Chapter
				468, F.S., and as defined in subsection (4). The supervisor must be approved by
				the Board or its designee. Licensee shall have the supervising person with
				him/her at the first probation appearance before the Board. Prior to approval
				of the supervising person by the Board or its designee, the licensee shall
				provide to the supervising person a copy of the administrative complaint filed
				in the licensee's case. A failure of the licensee 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, licensee 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 fourteen (14) days before licensee's first scheduled
				probation appearance. Licensee 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 licensee is on probation.
b. Description of licensee's
				practice.
c. Brief statement of
				licensee compliance with terms of probation.
d. Brief statement of licensee's relationship
				with supervising person.
e. Detail
				any problems which may have arisen with licensee.
2. Review a percentage of reports which
				reflect the licensee's practice and performance which may include but not be
				limited to client reports, proficiency testing, quality control records,
				calibration, and any other pertinent records.
3. Consult with licensee's immediate superior
				at work regarding licensee's performance.
4. Report to the Board any violations by the
				licensee of Chapter 456, and Part I of Chapter 468, F.S., and the rules
				promulgated pursuant thereto.
(g) The Licensee shall notify his employer of
				the disciplinary action taken by the Board and of the terms and requirements of
				probation.