Current through Reg. 50, No. 187; September 24, 2024
Unless otherwise approved by the Board or its designee, or
addressed by Board Order, the following are provisions applicable to Orders
rendered by the Board when an applicant is certified for licensure but said
licensure is restricted or conditioned in such a manner as to require a period
of practice under supervision of another licensee approved by the Board.
(1) The applicant's license shall not be
issued until a supervisor is approved by the Board or its designee. However,
unless provided otherwise in the Board's Order, the person who is certified for
licensure must have a supervisor approved within 12 months of the date the
Board certifies the applicant for licensure. If the person certified for
licensure does not obtain an approved supervisor within that 12 month period,
the certification for licensure expires and the person must reapply for
licensure.
(2) Required
Supervision.
(a) Direct Supervision. If an
applicant is required to work under the direct supervision of another
physician, "direct supervision" shall require the physical presence of the
supervising physician in the building so that the supervising physician is
immediately available when needed.
(b) Indirect Supervision. If an applicant is
required to work under the indirect supervision of another physician, "indirect
supervision" shall mean the responsible supervision of the licensee by a
supervising physician, approved by the Board, which supervision shall not
require the physical presence of the supervising physician when procedures are
performed, but shall require the supervisor to be reasonably available, so as
to be physically present to provide consultation or direction in a timely
fashion as required for appropriate care of the patient. The supervisor shall
practice within a reasonable geographic proximity to the applicant, which shall
be within 20 miles.
(c) Immediate
Supervision. If an applicant is required to work under the immediate
supervision of another physician, Respondent shall not perform designated
procedures unless under the immediate supervision of a board-certified
physician fully licensed under Chapter 458, F.S., who has been approved by the
Probationer's Committee. The physician providing immediate supervision shall be
physically located in the same room with the applicant where the designated
procedure is performed.
(d) If the
terms of the Order include indirect or direct supervision of the applicant's
practice, the applicant shall not practice medicine without an approved
supervisor. If the terms of the Order include immediate supervision, the
applicant shall not perform designated procedures unless under the immediate
supervision of an approved supervisor.
(e) The applicant shall furnish to the
proposed supervisor a copy of the Board's order requiring supervision and any
other relevant orders.
(f) The
applicant shall submit to the Board his or her proposed practice plan and
designation of an area of practice. The applicant also shall submit to the
Board the name, curriculum vitae, and a letter from the proposed supervisor
stating that he or she:
1. Is willing to serve
as a supervisor,
2. Has received a
copy of the Board's order requiring supervision,
3. Is aware of his or her duties and
responsibilities as a supervisor,
4. Discloses any conflicts of interests,
5. Specifies distance to the
applicant's practice location; and,
6. Agrees to appear before the Board if
required to do so.
(g)
The supervisor must be licensed under Chapter 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. The supervisor shall be board-certified in the applicant's
specialty area. Specific grounds for rejecting a proposed supervisor by the
Board or its designee shall include but are not limited to the following:
1. The proposed supervisor has previously
been subject to disciplinary action against his or her medical license in this
or any other jurisdiction,
2. The
proposed supervisor is currently under investigation, or is the subject of a
pending disciplinary action,
3. The
proposed supervisor is not actively engaged in the same or similar specialty
area,
4. If under indirect
supervision, the proposed supervisor is not practicing within a distance of no
more than 20 miles from the applicant's practice location. If under direct
supervision, the proposed supervisor is not practicing on the
premises.
(h) Failure to
complete the supervision in the required time period may result in an
additional required appearance before the Credentials Committee and may result
in extending the time to complete the required supervision.
(3) Approval. The Board confers authority on
the Chair of the Credentials Committee to temporarily approve an applicant's
supervisor, practice plans, and designation of an area of practice. To obtain
this temporary approval, applicant shall submit to the Board the information
required in paragraph (2)(e). Absent said approval, applicant shall not
practice medicine or perform designated procedures until a supervising
physician is approved. Temporary approval shall only remain in effect until the
next meeting of the Board. Final approval is to be made by the Board.
(4) Change in Supervisor. In the event that
applicant's supervisor is unable or unwilling to fulfill his or her
responsibilities as a supervisor, the applicant shall advise the Board of this
fact within 24 hours of becoming aware of the situation. Applicant shall submit
to the Board the name of a temporary supervisor for consideration. Applicant
shall not practice medicine or perform designated procedures pending approval
of this temporary supervisor by the Chair of the Credentials Committee.
Temporary approval shall only remain in effect until the next meeting of the
Board. Final approval is to be made by the Board.
(5) Reports. Prior to termination of the
supervisory period, supervision reports, in affidavit format, shall be
submitted by the applicant and the supervisor and shall contain the information
set forth below:
(a) A report submitted by the
applicant shall contain a brief statement of why the applicant is being
supervised; the applicant's practice location; description of current practice
(type and composition); compliance with supervisory terms; description of
relationship with supervising physician; and advising of any
problems.
(b) A report submitted by
the supervising physician shall contain a brief statement of why the applicant
is being supervised; description of applicant's practice; applicant's
compliance with terms of supervision; applicant's relationship with supervisor;
and details of any problems which may have arisen with
applicant.
(6) Tolling
Provisions. After the period of supervision begins, in the event that the
applicant 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 the time period and provisions regarding supervision and
required reports shall be tolled and shall remain in a tolled status until
applicant returns to the active practice of medicine in the State of Florida.
Applicant shall notify the Board 10 days prior to his or her return to practice
in the State of Florida.
(7)
Supervisors must serve as volunteers without compensation, but in instances
where an applicant is unable to find a volunteer supervisor, the applicant,
with the approval of the Board, may contract with a third party entity that
provides supervisors for a fee.
(8)
This rule shall be reviewed, and if necessary, repealed, modified, or renewed
through the rulemaking process five years from the effective
date.
Rulemaking Authority
458.309 FS. Law Implemented
458.311,
458.313,
458.3145,
458.315,
458.317
FS.
New 9-21-93, Formerly 61F6-22.025, 59R-4.025, Amended
3-12-08, 7-1-13, 9-26-16, 5-7-18,
3-31-24.
