64B4-5.008. Terms of Probation

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.

(4) Probationer shall pay an administrative fine in the amount set by the Board, said fine to be paid to the Board within a certain number of days of the effective date of the Final Order.

Rulemaking Authority 456.072(2)(f), 491.004(5) FS. Law Implemented 456.072(2)(f), 491.009 FS. History–New 6-1-92, Formerly 21CC-5.008, 61F4-5.008, 59P-5.008, Amended 5-12-20.