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/Client Services, 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 as an anesthesiologist assistant in
Florida.
(3) Compliance Address.
All reports, correspondence and inquiries shall be sent to: DOH, Client
Services Unit, 4052 Bald Cypress Way, Bin #C01, Tallahassee, Florida
32399-3251, Attn: Medical Compliance Officer.
(4) 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 practice as an anesthesiologist
assistant 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 in the State of Florida. Respondent
shall notify the Compliance Officer 10 days prior to his/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 by
the probation supervisor, and required reports from the probation supervisor
shall be tolled.
3. Any provisions
regarding community service shall be tolled.
4. Any requirements regarding lectures shall
be tolled.
(b) Active
Practice. In the event that Respondent leaves the active practice as an
anesthesiologist assistant for a period of one year or more, the Respondent may
be required to appear before the Board and demonstrate the ability to practice
with reasonable skill and safety to patients prior to resuming practice in the
State of Florida.
(5)
Community Service and Continuing Education Units. All community service
requirements, continuing education units/courses must be completed, and
documentation of such completion submitted to DOH/Client Services, at the
address set forth in subsection (3), above.
(a) Definition of Community Service.
"Community service" shall be defined as the delivery of volunteer services to
an entity which is exempt from federal taxation under
26 U.S.C. s.
501(c)(3), without fee or
cost to the patient or the entity, for the good of the people of the State of
Florida. Community service shall be performed outside the anesthesiologist
assistant's regular practice setting. Community service plans must be
pre-approved by the Board.
(b)
Continuing Education. Continuing education imposed by Board Order shall be in
addition to those hours required for biennial renewal of licensure. Said
continuing education courses must be pre-approved by the Board and shall
consist of a formal live lecture format.
(6) Probation Terms. If probation was imposed
by Board Order, the following provisions are applicable:
(a) Definitions: Probation Supervisor - is a
board-certified anesthesiologist who has agreed to monitor the anesthesiologist
assistant for purposes of the Board-imposed probation.
(b) Required Supervision:
1. If the terms of the Order include
probation, the Respondent shall not practice without an approved probation
supervisor, as specified by the Final Order.
2. The probation supervisor must be a
board-certified anesthesiologist licensed under Chapter 459, F.S., in good
standing, in active status, without restriction or limitation on his/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 supervisor. Specific grounds for rejecting a
proposed supervisor by the Board or its designee shall include but are not
limited to the following:
a. The proposed
supervisor has previously been subject to disciplinary action against his/her
medical license in this or any other jurisdiction,
b. The proposed supervisor is currently under
investigation, or is the subject of a pending disciplinary action,
c. The proposed supervisor is a relative or
employee of the Respondent.
(c) Temporary Approval. The Board confers
authority on the Chair of the Board to temporarily approve Respondent's
probation supervisor. To obtain this temporary approval, Respondent shall
submit to the Compliance Officer the name and curriculum vitae of the proposed
supervisor. This information shall be furnished to the Chair by way of the
Compliance Officer. This information may be faxed to the Compliance Officer at
(850)414-0864, or may be sent by overnight mail to the Compliance address as
set forth in subsection (3), above. Should Respondent's probation supervisor be
temporarily approved, said approval shall only remain in effect until the next
meeting of the Board. Absent said approval, Respondent shall not practice until
a probation supervisor is approved. Temporary approval shall only remain in
effect until the next meeting of the Board.
(d) Formal Approval. Respondent shall have
the probation supervisor with him/her at the first probation appearance before
the Board. Prior to consideration of the probation supervisor by the Board, the
Respondent shall provide the probation 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 probation supervisor to the Compliance Officer no later
than 21 days before the Respondent's first scheduled probation appearance.
Respondent's probation 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/her probation supervisor as directed. Failure of
the probation 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)
Chance in Probation Supervisor. In the event that Respondent's probation
supervisor is unable or unwilling to fulfill his/her responsibilities as a
probation 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 probation supervisor for consideration. Respondent shall not practice
pending approval of this temporary probation supervisor by the Chair.
Furthermore, Respondent shall make arrangements with his/her temporary
probation supervisor to appear before the Board at its next regularly scheduled
meeting for consideration of the probation supervisor by the Board. Respondent
shall only practice under the supervision of the temporary probation supervisor
(approved by the Chair) until the next regularly scheduled meeting of the Board
whereat the issue of approval of the Respondent's new probation supervisor
shall be addressed.
(f) 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 anesthesiologist
assistant 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 probation supervisor.
6. Advise Compliance Officer of any problems
including office incident reports filed; loss or restriction of hospital staff
privileges; or any Medicare/Medicaid program exclusions, restrictions or
limitations.
(g)
Probation Supervisor Reports. If directed by Board Order, probation supervisor
reports, in affidavit form shall include the following:
1. Brief statement of why anesthesiologist
assistant 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 probation supervisor.
5. Detail any problems which may have arisen
with probationer.
(h)
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.
(7) 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, F.S.
(8) 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.
(9) Return of License. Any
Order which suspends a license, revokes a license, or accepts a Respondent's
offer to voluntarily relinquish his/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 FS. Law Implemented 459.015,
459.023 FS.
New 11-11-07.
