Disciplinary Guidelines (BBS)

STATE OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS

BOARD OF BEHAVIORAL SCIENCES

DISCIPLINARY GUIDELINES

Last Revised: November 9, 2001

VIOLATION CATEGORY/ RECOMMENDED PENALTIES

SEXUAL CONTACT WITH CLIENT

MAXIMUM:Revocation / Denial of license or registration application; cost recovery.

MINIMUM:Revocation / Denial of license or registration application; cost recovery.

SEXUAL MISCONDUCT WITH CLIENT

(Anything other than as defined in B&P Section 729)

MAXIMUM: Revocation / Denial of license or registration application; cost recovery. (See B&P 4982.26, 4986.71, 4992.33)

The Board considers this reprehensible offense to warrant revocation.

MINIMUM: The Board may consider a lesser penalty if warranted by substantial evidence:

Revocation stayed; 120-180 days minimum actual suspension and such additional time as may be necessary to obtain and review psychological evaluation, to implement any recommendations from that evaluation, and to successfully complete the required licensure examination as a condition precedent to resumption of practice; 7 years probation; standard terms and conditions; psychological evaluation as a condition precedent to resumption of practice; supervised practice; psychotherapy; education; take and pass licensure examination; reimbursement of probation program; and if warranted: rehabilitation program; abstain from controlled substances/use of alcohol, submit to biological fluid testing and samples; restricted practice.

COMMISSION OF AN ACT PUNISHABLE AS A SEXUALLY RELATED CRIME

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 120-180 days minimum actual suspension and such additional time as may be necessary to obtain and review psychological evaluation and to implement any recommendations from that evaluation; 5 years probation; standard terms and conditions; psychological evaluation as a condition precedent to the resumption of practice; supervised practice; education; cost recovery; reimbursement of probation program; and if warranted: psychotherapy; restricted practice.

IMPAIRED ABILITY TO FUNCTION SAFELY

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 60-90 days actual suspension; 5 years probation; standard terms and conditions; supervised practice; cost recovery; reimbursement of probation program;

Terms and conditions of probation are commensurate with the individual condition.

MENTAL ILLNESS: Standard terms and conditions; psychological evaluation; psychotherapy;

PHYSICAL ILLNESS: Standard terms and conditions; physical evaluation;

SUBSTANCE ABUSE: Standard terms and conditions; psychological evaluation; psychotherapy; rehabilitation program; abstain from controlled substances/use of alcohol, submit to biological fluid tests and samples; and if warranted: restricted practice.

CHEMICAL DEPENDENCY/ USE OF DRUGS WITH CLIENT

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: The Board may consider a lesser penalty if warranted by substantial evidence:

Revocation stayed; 120-180 days minimum actual suspension and such additional time as may be necessary to obtain and review psychological evaluation and to implement any recommendations from that evaluation; 5 years probation; standard terms and conditions; psychological evaluation; supervised practice; education; rehabilitation program; abstain from controlled substances, submit to biological fluid test and samples; cost recovery; reimbursement of probation program; and if warranted: psychotherapy; restricted practice.

INTENTIONALLY/ RECKLESSLY CAUSING HARM TO CLIENT

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

GROSS NEGLIGENCE/ INCOMPETENCE

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 60-90 days actual suspension; 5 years probation; standard terms and conditions; supervised practice; education; take and pass licensure exams; cost recovery; reimbursement of probation program; and if warranted: psychological evaluation; psychotherapy; rehabilitation program; abstain from controlled substances/use of alcohol, submit to biological fluid testing; restricted practice.

UNPROFESSIONAL CONDUCT

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 60-90 days actual suspension; 5 years probation; standard terms and conditions; supervised practice; education; cost recovery; reimbursement of probation program; and if warranted: psychological evaluation; psychotherapy; rehabilitation program; abstain from controlled substances/use of alcohol, submit to biological fluid testing; restricted practice.

FAILURE TO COMPLY WITH MANDATED REPORTING REQUIREMENTS

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

CONVICTION OF A CRIME SUBSTANTIALLY RELATED TO DUTIES AND FUNCTIONS OF A LICENSEE/REGISTRANT

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 60 days actual suspension; 5 years probation; supervised practice; education; cost recovery; reimbursement of probation program;

Terms and conditions of probation depend on the nature of the criminal offense.

CRIMES AGAINST PEOPLE: Standard terms and conditions; psychological evaluation; psychotherapy; restitution;

DRUGS AND ALCOHOL: Standard terms and conditions; psychological evaluation; psychotherapy; rehabilitation program; abstain from controlled substances/use of alcohol, submit to biological fluid testing;

FISCAL AND PROPERTY CRIMES: Standard terms and conditions; and if warranted: psychotherapy; take and pass licensure exams; rehabilitation program; abstain from controlled substances/ submit to biological fluid testing, abstain from use of alcohol/submit to biological fluid testing; restricted practice.

COMMISSION OF DISHONEST I FRAUDULENT ACT RELATED TO DUTIES AND FUNCTIONS OF LICENSE

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 60 days actual suspension; 5 years probation; standard terms and conditions; supervised practice; education; cost recovery; reimbursement of probation program; and if warranted: psychological evaluation; psychotherapy; restricted practice.

PERFORMING, OFFERING TO PERFORM, PERMITTING TO PERFORM BEYOND SCOPE OF LICENSE

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 30-60 days actual suspension; 3-5 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program; and if warranted: psychological evaluation; supervised practice; psychotherapy; take and pass licensure exams; restricted practice.

DISCIPLINE BY ANOTHER STATE OR BY CALIFORNIA AGAINST A CORRESPONDING LICENSE

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Determine the appropriate penalty, by comparing the violation under the other state with California law; and if warranted: take and pass licensure exams as a condition precedent to practice.

SECURING OR ATTEMPTING TO SECURE A LICENSE BY FRAUD

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation / Denial of license or registration application; cost recovery.

MISREPRESENTATION OF LICENSE/QUALIFICATIONS

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 60 days actual suspension; 3-5 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program; and if warranted: take and pass licensure exams.

VIOLATES EXAM SECURITY

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 5 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

IMPERSONATING LICENSEE /ALLOWING IMPERSONATION

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 60-90 days actual suspension; 5 years probation; supervised practice; standard terms and conditions; psychological evaluation; psychotherapy; cost recovery; reimbursement of probation program.

AIDING AND ABETTING UNLICENSED/UNREGISTERED ACTIVITY

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 30-90 days actual suspension; 3-5 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program; and if warranted: supervised practice.

FAILURE TO MAINTAIN CONFIDENTIALITY

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 60-90 days actual suspension; 3-5 years probation; standard terms and conditions; education; take and pass licensure exams; cost recovery; reimbursement of probation program.

FAILS TO PROVIDE SEXUAL MISCONDUCT BROCHURE

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; 3-5 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

IMPROPER SUPERVISION OF TRAINEE / INTERN / ASSOCIATE/ SUPERVISEE

MAXIMUM: Revocation; cost recovery.

MINIMUM: Revocation stayed; 30-90 days actual suspension; 2 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program; and if warranted: supervised practice.

VIOLATIONS BY REGISTRANTS /APPLICANTS ACQUIRING HOURS OF EXPERIENCE

MAXIMUM: Revocation / Denial of license or registration application; cost recovery.

MINIMUM: Revocation stayed; registration on probation until exams are passed and license issued; license issued on probation for one year; rejection of all illegally acquired hours; standard terms and conditions; education; cost recovery; reimbursement of probation program.

FAILURE TO DISCLOSE FEES IN ADVANCE

MAXIMUM: Revocation stayed; 30 days actual suspension; 2 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

MINIMUM: Revocation stayed; 1 year probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

PAY, ACCEPT, SOLICIT FEE FOR REFERRALS

MAXIMUM: Revocation stayed; 90-120 days actual suspension; 3-5 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

MINIMUM: Revocation stayed; 3 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

FALSE/ MISLEADING ADVERTISING

MAXIMUM: Revocation stayed; 30-60 days actual suspension; 5 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

MINIMUM: Revocation stayed; 1 year probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

FAILURE TO KEEP RECORDS CONSISTENT WITH SOUND CLINICAL JUDGMENT

MAXIMUM: Revocation stayed; 30 days actual suspension; 2 years probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

MINIMUM: Revocation stayed; 1 year probation; standard terms and conditions; education; cost recovery; reimbursement of probation program.

PROBATION CONDITIONS

Probation conditions are divided into two categories: 1) Standard Conditions that generally appear in all probation cases; and 2) Optional Conditions that depend on the nature and circumstances of the particular case.

In addition to the Standard Probation conditions required in minimum penalties, any of the optional conditions may also be imposed.

STANDARD PROBATION CONDITIONS

The sixteen standard conditions generally appearing in every probation case are as follows:

1. Obey all laws

2. File quarterly reports

3. Comply with probation program

4. Interviews with the Board

5. Tolling of probation

6. Change of place of employment or place of residence

7. Supervision of unlicensed persons

8. Notification to clients

9. Notification to Employer

10. Violation of probation

11. Law and Ethics Course

12. Maintain Valid License

13. License Surrender

14. Instruction of Coursework Qualifying for Continuing Education

15. Notification to Referral Services

16. Cost Recovery

Specific Language for Standard Conditions of Probation

(To be included in all Decisions)

1. Obey all Laws

Respondent shall obey all federal, state and local laws, all statutes and regulations governing the licensee, and remain in full compliance with any court ordered criminal probation, payments and other orders. A full and detailed account of any and all violations of law shall be reported by the respondent to the Board or its designee in writing within seventy-two (72) hours of occurrence. To permit monitoring of compliance with this term, respondent shall submit fingerprints through the Department of Justice and Federal Bureau of Investigation within 30 days of the effective date of the decision, unless previously submitted as part of the licensure application process. Respondent shall pay the cost associated with the fingerprint process.

2. File Quarterly Report

Respondent shall submit quarterly reports, to the Board or its designee, as scheduled on the "Quarterly Report Form" (rev. 01/12/01). Respondent shall state under penalty of perjury whether he/she has been in compliance with all the conditions of probation. Notwithstanding any provision for tolling of requirements of probation, during the cessation of practice respondent shall continue to submit quarterly reports under penalty of perjury.

3. Comply with Probation Program

Respondent shall comply with the probation program established by the Board and cooperate with representatives of the Board in its monitoring and investigation of the respondent's compliance with the program.

4. Interviews with the Board

Respondent shall appear in person for interviews with the Board or its designee upon request at various intervals and with reasonable notice.

5. Tolling of Probation

Respondent shall notify the Board in writing within 10 days if respondent leaves California to reside or practice in another state. The written notice to the Board or its designee shall include the dates of departure from California and return. Respondent shall notify the Board within 10 days upon return to California. The period of probation shall be tolled during the time respondent is residing or practicing outside of California.

6. Change of Place of Employment and Place of Residence

Respondent shall notify the Board or its designee in writing within 30 days of any change of place of employment or place of residence. The written notice shall include the address, the telephone number and the date of the change.

7. Supervision of Unlicensed Persons

While on probation, respondent shall not act as a supervisor for any hours of supervised practice required for any license issued by the Board. Respondent shall terminate any such supervisorial relationship in existence on the effective date of this Decision.

8. Notification to Client

Respondent shall notify all clients of any term or condition of probation which will affect their therapy or the confidentiality of their records. Such notification shall be signed by each client prior to continuing or commencing treatment. Respondent shall submit, upon request by the Board or its designee, satisfactory evidence of compliance with this term of probation.

9. Notification to Employer

Respondent shall provide each of his or her employers, when performing services that fall within the scope of practice of marriage and family therapy, licensed clinical social work, or licensed educational psychology, a copy of this Decision and the Statement of Issues or Accusation before commencing employment. Notification to the respondent's current employer shall occur no later that the effective date of the Decision. Respondent shall submit, upon request by the Board or its designee, satisfactory evidence of compliance with this term of probation.

10. Violation of Probation

If respondent violates the conditions of his/her probation, the Board, after giving respondent notice and the opportunity to be heard, may set aside the stay order and impose the discipline (revocation/suspension) of Respondent's license [or registration] provided in the decision.

If during the period of probation, an accusation, petition to revoke probation, or statement of issues has been filed against respondent's license [or registration] or application for licensure, or the Attorney General's office has been requested to prepare such an accusation, petition to revoke probation, or statement of issues, the probation period set forth in this decision shall be automatically extended and shall not expire until the accusation, petition to revoke probation, or statement of issues has been acted upon by the board. Upon successful completion of probation, respondent's license [or registration] shall be fully restored.

11. Law and Ethics Course

Respondent shall take and successfully complete the equivalency of two semester units in law and ethics. Course work shall be taken at the graduate level at an accredited educational institution as defined in Sections 4980.40 and 4996.18 of the Business and Professions Codes and Section 1854 of Title 16 of the California Code of Regulations. Classroom attendance must be specifically required; workshops are not acceptable. Within 90 days of the effective date of this Decision, respondent shall submit a plan for prior Board approval for meeting this educational requirement. Said course must be taken and completed within one year from the effective date of this Decision. The costs associated with the law and ethics course shall be paid by the respondent. Units obtained for an approved course in law and ethics shall not be used for continuing education units required for renewal of licensure.

12. Maintain Valid License

Respondent shall, at all times while on probation, maintain a current and active license with the Board, including any period during which suspension or probation is tolled. Should respondent's license, by operation of law or otherwise, expire, upon renewal respondent's license shall be subject to any and all terms of this probation not previously satisfied.

13. License Surrender

Following the effective date of this decision, if respondent ceases practicing due to retirement or health reasons, or is otherwise unable to satisfy the terms and conditions of probation, respondent may voluntarily surrender his/her license to the Board. The Board reserves the right to evaluate the respondent's request and to exercise its discretion whether to grant the request or to take any other action deemed appropriate and reasonable under the circumstances. Upon formal acceptance of the tendered license, respondent will no longer be subject to the terms and conditions of probation.

Voluntary surrender of respondent's license shall be considered to be a disciplinary action and shall become a part of respondent's license history with the Board. Respondent may not petition the Board for reinstatement of the surrendered license. Should respondent at any time after voluntary surrender ever reapply to the Board for licensure, respondent must meet all current requirements for licensure including, but not limited to, filing a current application, meeting all current educational requirements, and taking and passing any and all written and oral examinations required of new applicants.

14. Instruction of Coursework Qualifying for Continuing Education

Respondent shall not be an instructor of any coursework for continuing education credit required by any license issued by the Board.

15. Notification to Referral Service

Respondent shall immediately send a copy of this decision to all referral services registered with the Board in which respondent is a participant. While on probation, respondent shall send a copy of this decision to all referral services registered with the Board that respondent seeks to join.

16. Cost Recovery

Respondent shall pay the Board $ ________as and for the reasonable costs of the investigation and prosecution of Case No. __________________. Respondent shall make such payments as follows:

[Outline payment schedule.] Respondent shall make the check or money order payable to the Board of Behavioral Sciences and shall indicate on the check or money order that it is the cost recovery payment for Case No. ___________. Any order for payment of cost recovery shall remain in effect whether or not probation is tolled. Probation shall not terminate until full payment has been made. Should any part of cost recovery not be paid in accordance with the outlined payment schedule, respondent shall be considered to be in violation of probation.

OPTIONAL CONDITIONS

Depending on the nature and circumstances of the case, the optional condition(s) that may appear are as follows:

17. Actual suspension

18. Psychological evaluation

19. Supervision of respondent's practice

20. Psychotherapy

21. Education

22. Take and pass licensure examinations

23. Rehabilitation Program

24. Abstain from Controlled Substances/Submit to Biological Fluid Testing and Samples

25. Abstain from Use of Alcohol / Submit to Biological Fluid Testing and Samples

26. Restricted practice

27. Restitution

28. Reimbursement of probation program

29. Physical Evaluation

30. Monitor Billing System

31. Monitor Billing System Audit

17. Actual Suspension

A. Commencing from the effective date of this decision, respondent shall be suspended from the practice of for a period of ______days.

B. Commencing from the effective date of this decision, respondent shall be suspended from the practice of -for a period of days, and such additional time as may be necessary to obtain and review psychological evaluation, to implement any recommendations from that evaluation, and to successfully complete the required oral or written licensure examination as a condition precedent to resumption of practice as outlined in condition # (Take and pass licensure examinations).

18. Psychological Evaluation

Within 90 days of the effective date of this decision, and on a periodic basis thereafter as may be required by the Board or its designee, respondent shall complete a psychological evaluation by such licensed psychologists or psychiatrists as are appointed by the Board. The cost of such evaluation shall be borne by respondent. Failure to pay for the report in a timely fashion constitutes a violation of probation.

Such evaluator shall furnish a written report to the Board or its designee regarding respondent's judgment and ability to function independently and safely as a counselor and such other information as the Board may require. Respondent shall execute a Release of Information authorizing the evaluator to release all information to the Board. Respondent shall comply with the recommendations of the evaluator.

If a psychological evaluation indicates a need for supervised practice, (within 30 days of notification by the Board) respondent shall submit to the Board or its designee, for its prior approval, the name and qualification of one or more proposed supervisors and a plan by each supervisor by which the respondent's practice will be supervised.

If respondent is determined to be unable to practice independently and safely, upon notification, respondent shall immediately cease practice and shall not resume practice until notified by the Board or its designee. Respondent shall not engage in any practice for which a license issued by the Board is required, until the Board or its designee has notified the respondent of its determination that respondent may resume practice.

19. Supervision of Respondent's Practice

Within 30 days of the effective date of this decision, respondent shall submit to the Board or its designee, for its prior approval, the name and qualification of one or more proposed supervisors and a plan by each supervisor. The supervisor shall be a current California licensed practitioner in respondent's field of practice, who shall submit written reports to the Board or its designee on a quarterly basis verifying that supervision has taken place as required and including an evaluation of respondent's performance. The supervisor shall be independent, with no prior business, professional or personal relationship with respondent. Failure to file the required reports in a timely fashion shall be a violation of probation. Respondent shall give the supervisor access to respondent's fiscal and client records.

[Optional - Respondent shall not practice until he/she has received notification that the Board has approved respondent's supervisor.] If the supervisor is no longer available, respondent shall notify the Board within 15 days and shall not practice until a new supervisor has been approved by the Board. All costs of the supervision shall be borne by respondent. Supervision shall consist of at least one (1) hour per week in individual face to face meetings. The supervisor shall not be the respondent's therapist.

20. Psychotherapy

Respondent shall participate in ongoing psychotherapy with a California licensed mental health professional who has been approved by the Board. Counseling shall be at least once a week unless otherwise determined by the Board. Respondent shall continue in such therapy at the Board's discretion. Cost of such therapy is to be borne by respondent.

Within 60 days of the effective date of this decision, respondent shall submit to the Board or its designee for its prior approval the name and qualifications of one or more therapists of respondent's choice. Such therapist shall possess a valid California license to practice and shall have had no prior business, professional, or personal relationship with respondent, nor shall the psychotherapist be the respondent's supervisor. Respondent shall provide the therapist with a copy of the Board's decision no later than the first counseling session. Upon approval by the Board, respondent shall undergo and continue treatment until the Board or its designee determines that no further psychotherapy is necessary.

Respondent shall take all necessary steps to ensure that the treating psychotherapist submits quarterly written reports to the Board concerning respondent's fitness to practice, progress in treatment, and to provide such other information as may be required by the Board. Respondent shall execute a Release of Information authorizing the therapist to divulge information to the Board.

If the treating psychotherapist finds that respondent cannot practice safely or independently, the psychotherapist shall notify the Board within three (3) working days. Upon notification by the Board, respondent shall immediately cease practice and shall not resume practice until notified by the Board or its designee that respondent may do so. Respondent shall not thereafter engage in any practice for which a license issued by the Board is required until the Board or its designee has notified respondent that he/she may resume practice. Respondent shall document compliance with this condition in the manner required by the Board.

21. Education

Respondent shall take and successfully complete the equivalency of ______semester units in each of the following areas_____________________________________. All course work shall be taken at the graduate level at an accredited educational institution. Classroom attendance must be specifically required; workshops are not acceptable. Course content shall be pertinent to the violation and all course work must be completed within _________________________. Within 90 days of the effective date of the decision respondent shall submit a plan for prior Board approval for meeting these educational requirements. All costs of the course work shall be paid by the respondent.

22. Take and Pass Licensure Examination

Respondent shall take and pass the licensure exam(s) currently required of new applicants for the license possessed by respondent. Respondent shall not practice until such time as respondent has taken and passed these examinations. The exam(s) shall be taken on regularly scheduled dates. Respondent shall pay the established examination fees. If respondent has not taken and passed the examination within twelve months from the effective date of this decision, respondent shall be considered to be in violation of probation.

23. Rehabilitation Program

Within fifteen (15) days from the effective date of the decision, respondent shall submit to the Board or its designee for prior approval the name of one or more rehabilitation program(s). Respondent shall enter a rehabilitation and monitoring program within fifteen (15) days after notification of the board's approval of such program. Respondent shall successfully complete such treatment contract as may be recommended by the program and approved by the Board or its designee. Respondent shall submit proof satisfactory to the Board or its designee of compliance with this term of probation. Respondent shall sign a release allowing the program to release to the Board all information the Board deems relevant.

Components of the treatment contract shall be relevant to the violation and to the respondent's current status in recovery or rehabilitation. The components may include, but are not limited to: restrictions on practice and work setting, random bodily fluid testing, abstention from drugs and alcohol, use of worksite monitors, participation in chemical dependency rehabilitation programs or groups, psychotherapy, counseling, psychiatric evaluations, and other appropriate rehabilitation or monitoring programs. All costs of participating in the program(s) shall be borne by the respondent.

24. Abstain from Controlled Substances / Submit to Biological Fluid Testing and Sample

Respondent shall completely abstain from the use or possession of controlled or illegal substances unless lawfully prescribed by a medical practitioner for a bona fide illness. Respondent shall immediately submit to biological fluid testing, at Respondent's cost, upon request by the Board or its designee. The length of time and frequency will be determined by the Board. Respondent is responsible for ensuring that reports are submitted directly by the testing agency to the Board or its designee. There will be no confidentiality in test results. Any confirmed positive finding will be immediately reported to respondent's current employer and shall be a violation of probation.

25. Abstain from Use of Alcohol / Submit to Biological Fluid Testing and Sample

Respondent shall completely abstain from the use of alcoholic beverages during the period of probation. Respondent shall immediately submit to biological fluid testing, at Respondent's cost, upon request by the Board or its designee. The length of time and frequency will be determined by the Board. The respondent is responsible for ensuring that reports are submitted directly by the testing agency to the Board or its designee. There will be no confidentiality in test results. Any confirmed positive finding will be immediately reported to the Respondent's current employer and shall be a violation of probation.

26. Restricted Practice

Respondent's practice shall be limited to_____________________________. Within 30 days from the effective date of the decision, respondent shall submit to the Board or its designee, for prior approval, a plan to implement this restriction. Respondent shall submit proof satisfactory to the Board or its designee of compliance with this term of probation. Respondent shall notify their supervisor of the restrictions imposed on their practice.

27. Restitution

Within 90 days of the effective date of this decision, respondent shall provide proof to the Board or its designee of restitution in the amount of $ _____________ paid to _____________________________.

28. Reimbursement of Probation Program

Respondent shall reimburse the Board for the hourly costs it incurs in monitoring the probation to ensure compliance for the duration of the probation period.

29. Physical Evaluation

Within 90 days of the effective date of this decision, and on a periodic basis thereafter as may be required by the Board or its designee, respondent shall complete a physical evaluation by such license physicians as are appointed by the Board. The cost of such evaluation shall be borne by respondent. Failure to pay for the report in a timely fashion constitutes a violation of probation.

Such physician shall furnish a written report to the Board or its designee regarding respondent's judgment and ability to function independently and safely as a counselor and such other information as the Board may require. Respondent shall executive a Release of Information authorizing the physician to release all information to the Board. Respondent shall comply with the recommendations of the physician.

If a physical evaluation indicates a need for medical treatment, within 30 days of notification by the Board, respondent shall submit to the Board or its designee the name and qualifications of the medical provider, and a treatment plan by the medical provider by which the respondent's physical treatment will be provided.

30. Monitor Billing System

Within 30 days of the effective date of this decision, respondent shall obtain the services of an independent billing system to monitor and document the dates and times of client visits. Clients are to sign documentation stating the dates and time of services rendered by respondent and no bills are to be issued unless there is a corresponding document signed by the client in support thereof. The billing system service shall submit quarterly written reports concerning respondent's cooperation with this system. The cost of the service shall be borne by respondent.

31. Monitor Billing System Audit

Within 60 days of the effective date of this decision, respondent shall provide to the Board or its designee the names and qualifications of three auditors. The Board or its designee shall select one of the three auditors to annually audit respondent's billings for compliance with the Billing System condition of probation. During said audit, randomly selected client billing records shall be reviewed in accordance with accepted auditing/accounting standards and practices. The cost of the audits shall be borne by respondent. Failure to pay for the audits in a timely fashion shall constitute a violation of probation.

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