Fla. Admin. Code Ann. R. 64B20-7.008 - Standard Probation Terms

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.

(4) The following description shall govern licensees ordered to work under supervision as a term of probation.

(a) "Onsite supervision" is supervision by a monitoring speech-language pathologist or audiologist that requires that the supervisor and licensee work on the same premises.

(b) "Off-site supervision" is supervision by a monitoring speech-language pathologist or audiologist that does not require that the monitor practice on the same premises as the licensee; however, the monitor shall practice within a reasonable geographic proximity to licensee, which shall be within 20 miles unless otherwise provided by the Board and shall be readily available for consultation.

Notes

Fla. Admin. Code Ann. R. 64B20-7.008

Rulemaking Authority 456.072(2)(f), 468.1135(4)(a) FS. Law Implemented 456.072(2)(f), 468.1295(2)(e) FS.

New 10-16-97, Amended 3-6-02.

New 10-16-97, Amended 3-6-02.