Licensees shall notify their immediate supervisor of any potential license impact emanating from probationary status.
Licensees shall provide clients, or a client's guardian or health care surrogate with a separate disclosure of probation status resulting from the following circumstances:
-
Sexual abuse, sexual misconduct, or sexual relations with a client
-
Substance abuse resulting in harm to clients or impairing the licensee’s ability to practice safely
-
Criminal conviction involving harm to clients
-
Inappropriate prescribing resulting in harm to clients and five or more years of probation
Disclosures shall be made prior to a client’s first visit following a probationary order placed on and after July 1, 2019, and include the following:
- Licensee’s probation status
- Length of probation
- Probation end date
- All practice restrictions placed on the licensee by the board
- The board’s telephone number
- Explanation of how the client can access additional information on the licensee’s profile page on the board’s online license information website.
Licensees shall obtain a signed copy of the Disclosure of Licensee Probation Status from the client or client’s guardian to be placed on the client’s chart.
Licensees are not required to provide a disclosure if any of the following apply:
-
The client is unconscious or unable to comprehend and sign the disclosure, and a guardian or health care surrogate is unavailable to comprehend and sign the disclosure.
-
The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.
-
The licensee who will be treating the client during the visit is not known to the client until immediately prior to the start of the visit.
-
Licensee does not have a direct treatment relationship with the client.
