Current through Reg. 51, No. 058, March 25, 2025
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: 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
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 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) Continuing Education Units. All
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.
(6)
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 meet the requirements of subsection
64B8-13.005(5),
F.A.C.
(7) Lectures. In the event
the Respondent is required by Board Order to present a lecture on a specific
topic, one component of the lecture must address the specific events arising
from the Respondent's disciplinary matter.
(8) Probation Terms. If probation was imposed
by Board Order, the following provisions are applicable:
(a) Definitions.
1. Indirect Supervision is supervision by a
supervising physician, as set forth in the Board's Order. Indirect supervision
does not require that the supervisor practice on the same premises as the
Respondent. However, the supervisor shall practice within a reasonable
geographic proximity to Respondent, which shall be within 20 miles and shall be
readily available for consultation. The supervisor shall be board-certified in
the Respondent's specialty area.
2.
Direct Supervision is supervision by a supervising physician, as set forth in
the Order. Direct supervision requires that the supervisor be physically
located on the same premises where the Respondent practices medicine. The
supervisor shall be board-certified in the Respondent's specialty
area.
3. Immediate Supervision is
supervision by a supervising physician (supervisor), as set forth in the
Board's order. Immediate Supervision requires that the supervisor be physically
located in the same room when supervising the Respondent. The supervisor shall
be board-certified in the Respondent's specialty area.
4. Probation Committee or "Committee" are
members of the Board of Medicine designated by the Chair of the Board to serve
as the Probation Committee.
5. If
the Respondent who has been ordered to practice under indirect, direct, or
immediate supervision practices in a specialty area where there is no board
certification by an entity recognized by the American Board of Medical
Specialties or by the Board under subsection
64B8-11.001(8),
F.A.C., Respondent's supervisor shall be board certified in a specialty area
that is most similar to that of the Respondent's practice as determined by the
Committee.
(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 medicine without an approved monitor/supervisor, as specified by the
Final Order.
2. The
monitor/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
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 of the Probation Committee 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. 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 monitoring/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 monitoring/supervising physician is approved. Temporary
approval shall only remain in effect until the next meeting of the Probation
Committee.
(d) Formal Approval.
Respondent shall have the monitor/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
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 Probation Committee at such
times as directed by the Committee. It shall be the Respondent's responsibility
to ensure the appearance of his/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 of the
Probation Committee. Furthermore, Respondent shall make arrangements with
his/her temporary monitor/supervisor to appear before the Probation Committee
at its next regularly scheduled meeting for consideration of the
monitor/supervisor by the Committee. Respondent shall only practice under the
supervision of the temporary monitor/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 monitor/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 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.
(g) 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.
(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.
(9) 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.
(10) Supervision of Physician
Assistants 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.
(11) 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.
(12)
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.
(13) 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(1),
458.331(5) FS.
Law Implemented 458.331(5)
FS.
New 8-1-06, Amended 6-23-10, 7-3-17, 5-7-18,
3-15-23.
