Current through Reg. 50, No. 187; September 24, 2024
Unless otherwise approved by the Board or its designee, or
addressed by the Final Order, the following are the terms applicable to all
Final Orders rendered by the Board in disciplinary proceedings.
(1) Payment of Fines and Costs. All fines and
costs shall be paid by check or money order made payable to the Board and sent
to DOH/Compliance Management Unit, Bin #C76, P.O. Box 6320, Tallahassee,
Florida 32314-6320, within 30 days of the filing of the Order.
(2) Addresses. Respondent must keep current
residence and practice addresses on file with the Board. Respondent shall
notify the Compliance Office, in writing, within 10 days of any changes of
those addresses. Furthermore, if the Respondent's license is on probation, the
Respondent shall notify the Compliance Office within 10 days in the event that
Respondent leaves the active practice of medicine in Florida.
(3) Compliance Address. All reports,
correspondence and inquiries shall be sent to: DOH, Compliance Management Unit,
Bin #C76, 4052 Bald Cypress Way, Tallahassee, Florida 32399-3251, Attn:
Osteopathic Medicine Compliance Officer.
(4) Continuing Education. Continuing
education imposed by Board Order shall be in addition to those hours required
for biennial renewal of licensure. The Board confers authority on the Chair to
approve or disapprove said continuing education courses. The Respondent is
required to submit a course syllabus for all continuing education courses that
the Respondent needs to have the Chair approve. The courses shall consist of a
formal live lecture format. The time frame for completing such continuing
education follows:
(a) Florida Medical
Association sponsored medical records course or Board approved equivalent is to
be completed within twelve (12) months from the date the Order is
filed;
(b) University of Florida
sponsored prescribing course or Board-approved equivalent is to be completed
within twelve (12) months from the date the Order is filed; and,
(c) Continuing medical education is to be
completed within twelve (12) months from the date the order is
filed.
(5) Lectures. In
the event the Respondent is required by Board Order to present an original one
(1) hour lecture on a specific topic, one component of the lecture must address
the specific events arising from the Respondent's disciplinary matter. The
Respondent shall present the lecture to the medical staff of a hospital or
ambulatory surgical center at which the Respondent maintains staff privileges
or to an osteopathic medical society meeting.
(a) Respondent is required to submit a
written plan to the Board for approval prior to the performance of said
lecture. The written plan shall include an outline of the content to be
presented, a list of references, and proposed venue, date, and time. The Board
confers authority to the Chair to approve the proposed lecture.
(b) Lectures imposed by Order of the Board
shall be completed within six (6) months from the date the Order is filed.
Within seven (7) months of the Order, documentation from the physician shall
set forth the date, time, place, topic, and duration of the lecture, and be
submitted to the Compliance Officer. In addition, the Respondent shall submit
to the Compliance Officer a letter from the facility's certified licensed risk
manager or Director of Medical Education or if presented to an osteopathic
medical society a letter signed by the society's executive director or
president which indicates the date, time, location, and length of the lecture
and the number of physicians (osteopathic and allopathic) in
attendance.
(6) Written
Articles. In the event the Respondent is required by Board Order to write an
article addressing the subject based upon the specific events arising from the
Respondent's disciplinary matter, Respondent is required to submit the article
to the Board for approval within six (6) months from the date the Order is
filed. The article shall be a minimum of ten (10) pages and shall contain a
title page, abstract, introduction, review of results, discussion, conclusion,
acknowledgements, and references. The article must review at least five (5)
articles on the required subject published in medical peer-reviewed journals
within the past three (3) years. The Respondent shall describe how the
information reviewed will be used in his or her practice. The Board confers
authority to the Chair for approval of the article.
(7) PRN Required. Should the Board determine
that a contract by the Professionals Resource Network (PRN) is appropriate,
Respondent shall participate and comply with the PRN contract.
(a) Respondent shall enter into an after care
contract with PRN, shall comply with all its terms, and shall be responsible
for assuring that the medical director of PRN send the Board a copy of said
contract.
(b) Respondent shall
execute a release that authorizes PRN to release information and medical
records (including psychiatric records and records relating to treatment for
drug dependence and alcoholism) to the Board of Osteopathic Medicine as needed
to monitor the progress of Respondent in the PRN program.
(c) Respondent shall authorize the director
of PRN to report to the Board of Osteopathic Medicine any problems that may
occur with Respondent and any violations of Chapter 456 or 459, F.S. Such a
report shall be made within 30 days of the occurrence of any problems, or
violations of Chapter 456 or 459, F.S.
(8) Restrictions on Treating Female Patients.
Should the Board determine there should be a restriction on treating female
patients, Respondent shall not examine or treat female patients without a
female chaperone who is a health care practitioner licensed by the Florida
Department of Health present in the room in any examination or treatment
setting. The Respondent is required to maintain a log of each such patient
contact, and the name of the chaperone present. The log shall be immediately
available to a Department of Health inspector, monitor, and Board Compliance
Officer upon request.
(9)
Continuity of Practice.
(a) Tolling
Provisions. In the event the Respondent leaves the State of Florida for a
period of 30 days or more or otherwise does not or may not engage in the active
practice of osteopathic medicine in the State of Florida, then certain
provisions of the requirements in the Board's Order shall be tolled and shall
remain in a tolled status until Respondent returns to the active practice of
osteopathic medicine in the State of Florida. Respondent shall notify the
Compliance Officer 10 days prior to his or her return to practice in the State
of Florida. The following requirements shall be tolled until the Respondent
returns to active practice:
1. The time period
of probation shall be tolled.
2.
The provisions regarding supervision whether direct or indirect by the
monitor/supervisor, and required reports from the monitor/supervisor shall be
tolled.
3. The requirement for
quality assurance review of Respondent's practice shall be tolled.
4. Any requirements regarding
lectures.
(b) Active
Practice. In the event that Respondent leaves the active practice of
osteopathic medicine for a period of one year or more, the Respondent may be
required to appear before the Board and demonstrate the ability to practice
osteopathic medicine with reasonable skill and safety to patients prior to
resuming the practice of osteopathic medicine in the State of
Florida.
(10) Probation
Terms. If probation was imposed by Board Order, the following provisions are
applicable:
(a) Definitions.
1. Indirect Supervision is supervision by a
monitoring physician (monitor), as set forth in the Board's Order. Indirect
supervision 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 and shall be
readily available for consultation. The monitor shall be board-certified in the
Respondent's specialty area.
2.
Direct Supervision is supervision by a supervising physician (supervisor), as
set forth in the Order. Direct supervision requires that the supervisor and
Respondent work in the same office. The supervisor shall be board-certified in
the Respondent's specialty area.
(b) Required Supervision.
1. If the terms of the Order include indirect
monitoring of the licensee's practice (monitoring) or direct monitoring of the
licensee's practice (supervision), the Respondent shall not practice
osteopathic medicine without an approved monitor/supervisor, as specified by
the Final Order.
2. The
monitor/supervisor must be licensed under Chapter 459 or 458, F.S., in good
standing, in active status, without restriction or limitation on his or her
license, must be qualified by training and experience, and must not have any
conflicts of interest that would prohibit him or her from impartially
performing his or her duties as a monitor/supervisor. Specific grounds for
rejecting a proposed monitor/supervisor by the Board or its designee shall
include but are not limited to the following:
a. The proposed monitor/supervisor has
previously been subject to disciplinary action against his/her medical license
in this or any other jurisdiction,
b. The proposed monitor/supervisor is
currently under investigation, or is the subject of a pending disciplinary
action,
c. The proposed
monitor/supervisor is not actively engaged in the same or similar specialty
area,
d. The proposed
monitor/supervisor is not practicing within a distance of no more than 20 miles
from the Respondent's practice location,
e. The proposed monitor/supervisor is a
relative or employee of the Respondent.
(c) Temporary Approval. The Board confers
authority on the Chair to temporarily approve Respondent's monitor/supervisor.
To obtain this temporary approval, Respondent shall submit to the Compliance
Officer the name and curriculum vitae of the proposed monitor/supervisor, and
letter from the proposed monitor/supervisor stating that he or she is willing
to serve as a monitor/supervisor, that he or she has received a copy of the
Administrative Complaint and Final Order, that he or she is aware of his or her
duties and responsibilities as a monitor/supervisor, that he or she discloses
any conflicts of interests, and specifies distance to the Respondent's practice
location, and that he or she agrees to appear before the Board for formal
approval at the next meeting of the Board. This information shall be furnished
to the Chair by way of the Compliance Officer. Should Respondent's
monitoring/supervising physician be temporarily approved, said approval shall
only remain in effect until the next meeting of the Board. Absent said
approval, Respondent shall not practice osteopathic medicine until a
monitoring/supervising physician is approved.
(d) Formal Approval. Respondent shall have
the monitor/supervisor with him or her at the first probation appearance before
the Board. Prior to consideration of the monitor/supervisor by the Board, the
Respondent shall provide the monitor/supervisor a copy of the Administrative
Complaint and the Board's Order in this case. Respondent shall submit a current
curriculum vitae, a description of current practice, and a letter agreeing to
serve from the proposed monitor/supervisor to the Compliance Officer no later
than 21 days before the Respondent's first scheduled probation appearance.
Respondent's monitor/supervisor shall also appear before the Board at such
times as directed by the Board. It shall be the Respondent's responsibility to
ensure the appearance of his or her monitor/supervisor as directed. Failure of
the monitor/supervisor to appear as directed shall constitute a violation of
the terms of the Board's Order and shall render the Respondent subject to
additional disciplinary action.
(e)
Change in Monitor/Supervisor. In the event that Respondent's monitor/supervisor
is unable or unwilling to fulfill his/her responsibilities as a
monitor/supervisor as described above, the Respondent shall advise the
Compliance Office of this fact within 24 hours of becoming aware of the
situation. Respondent shall submit to the Compliance Office the name of a
temporary monitor/supervisor for consideration. Respondent shall not practice
pending approval of this temporary monitor/supervisor by the Chair.
Furthermore, Respondent shall make arrangements with his or her temporary
monitor/supervisor to appear before the Board at its next regularly scheduled
meeting for consideration of the monitor/supervisor. Respondent shall only
practice under the supervision of the temporary monitor/supervisor (approved by
the Chair) until the next regularly scheduled meeting of the Board where at the
issue of the Respondent's new monitor/supervisor shall be addressed.
(f) Appearances. The Respondent shall appear
before the Board at the first Board meeting after probation commences, at the
last meeting of the Board preceding scheduled termination of probation, and at
such other times as requested by the Board or Board Chair.
(g) Reports. If directed by Board Order,
probation reports, in affidavit form, shall be submitted by the Respondent and
shall contain the following:
1. Brief
statement of why physician is on probation.
2. Practice location.
3. Describe current practice (type and
composition).
4. Brief statement of
compliance with probationary terms.
5. Describe relationship with
monitoring/supervising physician.
6. Advise Compliance Officer of any problems
including office incident reports filed; loss or restriction of hospital staff
privileges; loss or restriction of DEA registration; or any Medicare/Medicaid
program exclusions, restrictions or limitations.
(h) Monitor/Supervisor Reports. If directed
by Board Order, monitor/supervisor reports, in affidavit form, shall include
the following:
1. Brief statement of why
physician is on probation.
2.
Description of probationer's practice.
3. Brief statement of probationer's
compliance with terms of probation.
4. Brief description of probationer's
relationship with monitoring physician.
5. Detail any problems which may have arisen
with probationer.
(i)
Monitor/Supervisor Medical Records Review. Should the Board determine that the
Respondent's medical records need to be reviewed, the Board shall set forth the
percentage of the records and type of records to be reviewed by the
monitoring/supervising physician. The patient records shall be selected by the
supervising physician on a random basis at least once every month.
(j) Investigative Reports. Respondent
understands that during the period of probation, at a minimum, semi-annual
investigative reports will be compiled with the Department of Health concerning
compliance with the terms and conditions of probation and the rules and
statutes regulating the practice of medicine.
(11) Costs of Compliance. Respondent shall
pay all costs necessary to comply with the terms of the Board's Order. Such
costs include, but are not limited to, the costs of preparation of the
investigative reports detailing compliance with the terms of the Order, the
cost of analysis of any blood or urine specimens submitted pursuant to the
Order, and administrative costs directly associated with Respondent's
probation. See Section
459.015(2),
F.S.
(12) Supervision of Physician
Assistance and or Anesthesiologist Assistants. Respondent is required to
notify, in writing, any physician assistant and/or anesthesiologist assistant
which the Probationer supervises, of his or her probationary status. A copy of
said written notification(s) shall be submitted to the Board's Compliance
Officer within 10 days of entry of the Board's Order. Supervision of physician
assistants and/or anesthesia assistants is prohibited when a physician is on
probation.
(13) Suspension. In the
event that a Respondent's license expires during the period that the license is
suspended, this action shall not relieve the Respondent of the responsibility
to renew the license at the end of each licensure period. If the Respondent
fails to renew the license at the end of any licensure period, all normal
conditions and consequences imposed by statute or rule of the Board for failure
to timely and properly renew a license shall apply. Renewal of a suspended
license during the period of suspension shall not affect the suspension of the
license and the suspension shall continue until all requirements for
reinstatement have been met.
(14)
Return of License. Any Order which suspends a license, revokes a license, or
accepts a Respondent's offer to voluntarily relinquish his or her license shall
require the Respondent to return the license to the Department within 30 days
from the date the Final Order is filed. This shall not apply to instances where
the Board or a court has granted the Respondent a stay of the
suspension.
Rulemaking Authority 459.005(1), 459.015(5) FS. Law
Implemented 459.015(5) FS.
New 12-9-14.
