Current through Reg. 49, No. 38; September 20, 2024
(a)
Comply with Terms and Conditions of Order or Remedial Plan. A probationer must
comply with all terms and conditions of his or her order or remedial plan. If a
probationer fails to comply with the terms and conditions of an order or
remedial plan, the probationer shall be subject to agency review and action for
non-compliance as set out in § 189.8 of the title (relating to Procedures
Concerning Non-Compliance).
(b)
Document Continuing Medical Education (CME).
(1) A probationer is solely responsible for
providing acceptable documentation to demonstrate compliance with CME or other
educational requirements under an order or remedial plan.
(2) The following documentation will be
acceptable to demonstrate compliance with CME requirements under an order or
remedial plan:
(A) a certificate of
completion from any formal CME course taken as defined under §
166.2(a)(1)
of this title (relating to Continuing Medical Education);
(B) a letter from the presenter(s) on
letterhead sent directly from the author of the letter to the agency;
or
(C) a report of CME activities
provided directly to the agency by a third party testing entity accredited by
Accreditation Council for Continuing Medical Education and approved by the
American Medical Association or American Osteopathic Association.
(3) The following documentation is
not acceptable to demonstrate compliance with a CME or other educational
requirement:
(A) a copy of attendance
form;
(B) answers from tests
taken;
(C) a letter sent by a
probationer from an individual stating that the probationer was at a class;
or
(D) a listing of CME/ethics
courses taken.
(c) Ensure Submission of Third Party Reports.
(1) A probationer is solely responsible for
ensuring that all reports are timely submitted to the agency by third
parties.
(2) In order to avoid a
finding of non-compliance, a probationer must present evidence that the
probationer made good faith efforts to ensure the timely submission of reports
to the agency from third parties. Evidence may include, but is not limited to:
(A) copies of certified letter(s) with proof
of mail receipt, air-bill or shipping document receipt attached, which were
sent directly to the third party requesting the report or document;
(B) a copy of a receipt of payments for
services rendered by third parties; or
(C) objective evidence that the probationer
has attempted to have a report submitted to the agency.
(3) If the agency does not receive reports
after a probationer has made good faith efforts to ensure such documentation is
submitted by an approved third party, the Executive Director of the agency has
the authority to revoke approval of that third party.
(d) Content of Third Party Reports. Reports
by third parties must be accurate, honest, and address all subjects that are
required as set forth in a probationer's order or remedial plan.
