Current through Reg. 50, No. 187; September 24, 2024
The following description shall govern respondents ordered to
work under supervision as a term of probation.
(1) Indirect Supervision is supervision by a
monitoring optometrist that does not require that the monitor practice on the
same premises as the Respondent; however, the monitor shall practice within a
reasonable geographic proximity to Respondent, which shall be within 20 miles
unless otherwise provided by the Board and shall be readily available for
consultation.
(2) Direct
Supervision is supervision by a supervising optometrist that requires the
supervisor and Respondent work on the same premises.
(3) The following provisions shall govern all
supervised or monitored optometrists:
(a)
Supervisor/monitors must be approved by the Board or the Probation Committee.
Prior to approval of the monitoring optometrist, respondent shall submit to the
Probation Committee chairman a current curriculum vitae and description of the
current practice from the proposed monitoring optometrist. Said materials shall
be received in the Board office no later than fourteen days before respondent's
first scheduled probation appearance.
(b) Following issuance of the Final Order,
the respondent shall appear at the next meeting of the Board or Probation
Committee with his/her proposed supervisor or monitor unless otherwise
ordered.
(c) Respondent shall be
responsible for ensuring that the monitoring optometrist submits the required
reports.
(d) The supervisor/monitor
shall be furnished with copies of the Administrative Complaint, Final Order,
Stipulation (if applicable), and other relevant orders.
(e) After the Respondent's supervisor/monitor
has been approved the Respondent shall not practice without a
supervisor/monitor unless otherwise ordered by the Board.
(f) If for any reason the approved
supervisor/monitor is unwilling or unable to serve, respondent shall
immediately notify the Executive Director of the Board and cease practice until
a temporary supervisor/monitor is approved. The Chairman of the Board or
Probation Committee may approve a temporary supervisor/monitor who may serve in
that capacity until the next meeting of the Probation Committee at which time
the Committee shall accept or reject a new proposed supervisor/monitor. If the
proposed supervisor/monitor is rejected, respondent shall cease practice until
a new supervisor/monitor is approved by the Committee or temporarily approved
by the Chairman of the Committee.
(g) The supervisor/monitor must be a licensed
practitioner under Chapter 463, F.S., in good standing and without restriction
or limitation on his/her license. In addition, the Board or Committee may
reject any proposed supervisor/monitor on the basis that he/she has previously
been subject to any disciplinary action against his/her optometry license in
this or any other jurisdiction. The Board or Committee may also reject any
proposed supervisor/monitor for good cause shown.
(4) Supervisors/monitors shall have the
following responsibilities:
(a) Submit
quarterly/semiannual reports, which shall include:
1. Brief statement of why respondent is on
probation.
2. Description of
respondent's practice.
3. Brief
statement of respondent's compliance with terms of probation.
4. Brief statement of respondent's
relationship with monitoring optometrist.
5. Details of any problem which may have
arisen with respondent.
(b) Review a percentage of respondent's
patient records selected on a random basis at least once every two
weeks.
(c) Review all patient
records treated for/with certain conditions as directed by the Board or the
Probation Committee.
(d) Consult
with respondent on all cases involving certain conditions as directed by the
Board or the Probation Committee.
(e) Review respondent's use of pharmaceutical
agents as directed by the Board or the Probation Committee.
(f) Report to the Board any violations by the
respondent of Chapters 456, Part II, and 463, F.S., and the rules promulgated
pursuant thereto.
(g) Other duties
as may be requested by the Board or the Probation
Committee.
Rulemaking Authority 456.072(2), 463.005 FS. Law
Implemented 463.016(2) FS.
New 7-18-90, Formerly 21Q-7.006, 61F8-7.006, Amended
11-29-94, Formerly 59V-7.006.
