Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B3 - Board of Clinical Laboratory Personnel › Chapter 64B3-12 - DISCIPLINE › Section 64B3-12.003 - Terms of Probation

Current through Reg. 50, No. 138; July 16, 2024
Any licensee determined to have violated the provisions of
				  chapter 483, F.S., and the rules adopted thereunder 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 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 the 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 clinical laboratory personnel in chapters 456
				and 483, Part II, F.S., and the rules of the Board.
(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 clinical laboratory
				person licensed under chapter 483, part II, F.S., to be approved by the Board
				or its designee. Probationer shall have the supervising person with the
				Probationer at the Probationer's first probation appearance before the Board.
				Prior to approval of the supervising person by the Board or its designee, the
				Probationer shall provide to the supervising person a copy of the
				administrative complaint filed in this case. A failure of the Probationer 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, Probationer 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 14 days before Probationer's first
				scheduled probation appearance. Probationer 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 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 person.
e. Detail any problems which may have arisen
				with Probationer.
2.
				Review a percentage of records which reflect the Probationer's practice and
				performance which may include but not be limited to patient reports,
				proficiency testing, quality control records, calibration, preventive
				maintenance and any other pertinent records.
3. Consult with Probationer's immediate
				superior at work regarding Probationer's performance.
4. Review Probationer's use of pharmaceutical
				agents.
5. Report to the Board any
				violations by the Probationer of chapters 456 and 483, part II, 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 person.
6. Description of any problems.
7. Notarized copies of a number of records
				which reflect the practice and performance of the Probationer within the
				previous 30 days with all identification of patient suitably obliterated, if
				appropriate.
(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.