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 the 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 of medicine 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 the active practice of 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 medicine 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
direct supervision and required reports from the supervisor shall be
tolled.
3. The requirement for
quality assurance review of Respondent's practice shall be tolled.
4. Any provisions regarding community service
shall be tolled.
5. Any
requirements regarding lectures shall be tolled.
(b) Active Practice. In the event that
Respondent leaves the active practice of 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 medicine with reasonable skill and safety to patients
prior to resuming the practice of medicine 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 physician assistant's
regular practice setting. Community service plans must be pre-approved by the
Board's Probationer's Committee.
(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's Probationer's Committee 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:
1. Direct Supervision. Is supervision by a
supervising physician (supervisor), as set forth in the Order. Direct
supervision requires that the supervisor and Respondent work on the same
premises. The supervisor shall be board-certified in the Respondent's specialty
area.
2. Probation Committee or
"Committee" are members of the Board of Medicine designated by the Chair of the
Board to serve as the Probation Committee.
(b) Required Supervision:
1. If the terms of the Order include direct
supervision of the licensee's practice (supervision), the Respondent shall not
practice medicine without an approved supervisor, as specified by the Final
Order.
2. The supervisor must be
licensed under Chapter 458, 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 monitor. 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 not actively engaged in the same or similar specialty
area,
d. The proposed supervisor is
not practicing on the same premises as the Respondent,
e. The proposed supervisor is a relative or
employee of the Respondent.
(c) Temporary Approval. The Board confers
authority on the Chair of the Probation Committee to temporarily approve
Respondent's 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 of the Probation
Committee 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 supervising physician be temporarily approved, said approval shall
only remain in effect until the next meeting of the Probationer's Committee.
Absent said approval, Respondent shall not practice medicine until a
supervising physician is approved. Temporary approval shall only remain in
effect until the next meeting of the Probation Committee.
(d) Formal Approval. If Respondent is placed
under the direct supervision of a physician, Respondent shall have the
supervisor with him/her at the first probation appearance before the Probation
Committee. Prior to consideration of the monitor/supervisor by the Committee,
the Respondent shall provide the 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 supervisor to the Compliance Officer no later than 21
days before the Respondent's first scheduled probation appearance. Respondent's
supervisor shall also appear before the Probation Committee at such times as
directed by the Committee. It shall be the Respondent's responsibility to
ensure the appearance of his/her supervisor as directed. Failure of the
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
Supervisor. In the event that Respondent's supervisor is unable or unwilling to
fulfill his/her responsibilities as a 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 supervisor for consideration. Respondent shall
not practice pending approval of this temporary supervisor by the Chair of the
Probation Committee. Furthermore, Respondent shall make arrangements with
his/her temporary supervisor to appear before the Probation Committee at its
next regularly scheduled meeting for consideration of the supervisor by the
Committee. Respondent shall only practice under the supervision of the
temporary supervisor (approved by the Chair) until the next regularly scheduled
meeting of the Probation Committee whereat the issue of the Committee's
approval of the Respondent's new 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 physician 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 supervising
physician.
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) Supervisor Reports. If directed by Board
Order, supervisor reports, in affidavit form shall include the following:
1. Brief statement of why physician 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 supervising physician.
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
458.331(2),
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
458.309(1),
458.331(5) FS.
Law Implemented 458.331(5)
FS.
New 11-11-07.
