Current through Reg. 51, No. 058, March 25, 2025
In instances where a Respondent is placed on probation or
where practice restrictions are imposed by the Board, the Board shall determine
the terms and conditions of Respondent's probation or practice restrictions.
The following terms of probation are utilized by the Board to ensure that
Respondents are safely practicing medicine. Possible terms of probation and
restrictions on practice include, but are not limited to:
(1) Appearances Required. Respondent shall
appear before the Probationer's Committee at the first meeting after said
probation commences, at the last meeting of the Probationer's Committee
preceding termination of probation and either quarterly, semiannually, or
annually as set forth in the final order. Respondent shall be noticed by Board
staff of the date, time and place of the Board's Probationer's Committee
whereat Respondent's appearance is required. Failure of the Respondent to
appear as requested or directed shall be considered a violation of the terms of
probation, and shall subject the Respondent to disciplinary action.
(2) Direct Supervision Required. If direct
supervision is required by the Board, Respondent shall not practice except
under the direct supervision of a board-certified physician fully licensed
under chapter 458, F.S., who has been approved by the Probationer's Committee.
(a) The supervisory physician shall work in
the same office with the Respondent.
(b) Absent provision for and compliance with
the terms regarding temporary approval of a supervising physician set forth in
paragraph 64B8-8.011(7)(c),
F.A.C., Respondent shall cease practice and not practice until the
Probationer's Committee approves a supervising physician.
(c) Respondent shall have the supervising
physician appear at the first probation appearance before the Probationer's
Committee.
1. Prior to approval of the
supervising physician by the committee, the Respondent shall provide to the
supervising physician a copy of the Administrative Complaint and the Board's
Order filed in the case.
2. A
failure of the Respondent or the supervising physician to appear at the
scheduled probation meeting shall constitute a violation of the Board's
Order.
3. Prior to the approval of
the supervising physician by the committee, Respondent shall submit to the
committee a current curriculum vitae and description of the current practice of
the proposed supervising physician. Said materials shall be received in the
Board office no later than 21 days before the Respondent's first scheduled
probation appearance.
(d)
The responsibilities of a supervising physician shall include:
1. Submit quarterly reports, in affidavit
form, which shall include:
a. Brief statement
of why physician is on probation.
b. Description of probationer's
practice.
c. Brief statement of
probationer's compliance with terms of probation.
d. Brief description of probationer's
relationship with supervising physician.
e. Detail any problems which may have arisen
with probationer.
2.
Should the Board determine that Respondent's medical records need to be
reviewed, the Board shall set forth the percentage of the records and type of
records to be reviewed by the supervising physician. The patient records shall
be selected by the supervising physician on a random basis at least once every
month.
3. Report to the Board any
violation by the probationer of chapters 456 and 458, F.S., and the rules
promulgated pursuant thereto.
(3) Indirect Supervision Required. Should the
Board determine that indirect supervision is appropriate, Respondent shall not
practice except under the indirect supervision of a board-certified physician
fully licensed under chapter 458, F.S., to be approved by the Board's
Probationer's Committee.
(a) Absent provision
for and compliance with the terms regarding temporary approval of a monitoring
physician set forth below, Respondent shall cease practice and not practice
until the Probationer's Committee approves a monitoring physician.
(b) Respondent shall have the monitoring
physician present at the first probation appearance before the Probationer's
Committee.
(c) Prior to approval of
the monitoring physician by the committee, the Respondent shall provide to the
monitoring physician a copy of the Administrative Complaint and Board's Order
filed in the case.
(d) Failure of
the Respondent or the monitoring physician to appear at the scheduled probation
meeting shall constitute a violation of the Board's Order.
(e) Prior to the approval of the monitoring
physician by the committee, Respondent shall submit to the committee a current
curriculum vitae and description of the current practice of the proposed
monitoring physician. Said materials shall be received in the Board office no
later than 21 days before the Respondent's first scheduled probation
appearance. The responsibilities of a monitoring physician shall include:
1. Submit quarterly reports, in affidavit
form, which shall include:
a. Brief statement
of why physician is on probation.
b. Description of probationer's
practice.
c. Brief statement of
probationer's compliance with terms of probation.
d. Brief description of probationer's
relationship with monitoring physician.
e. Detail any problems which may have arisen
with probationer.
2. Be
available for consultation with Respondent whenever necessary, at a frequency
to be determined by the Board.
3.
Should the Board determine that Respondent's medical records need to be
reviewed, the Board shall set forth the percentage of the records and type of
records to be reviewed by the monitoring physician. The patient records shall
be selected by the monitoring physician on a random basis at least once every
month. In order to comply with this responsibility of random review, the
monitoring physician shall go to Respondent's office once every month unless a
different time frame is set forth in the Board's Order. At that time, the
monitoring physician shall be responsible for making the random selection of
the records to be reviewed by the monitoring physician.
4. Report to the Board any violations by the
probationer of chapters 456 and 458, F.S., and the rules promulgated pursuant
thereto.
(4)
Immediate Supervision Required. If immediate supervision is required by the
Board, 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.
(a) The supervisory physician shall be
physically located in the same room with the Respondent where the designated
procedure is performed.
(b) Absent
provision for and compliance with the terms regarding temporary approval of a
supervising physician set forth in paragraph
64B8-8.0011(7)(c),
F.A.C., Respondent shall cease performing the designated procedure[s] until the
Probationer's Committee approves a supervising physician.
(c) Respondent shall have the supervising
physician appear at the first probation appearance before the Probationer's
Committee.
1. Prior to approval of the
supervising physician by the committee, the Respondent shall provide to the
supervising physician a copy of the Administrative Complaint and the Board's
Order filed in the case.
2. A
failure of the Respondent or the supervising physician to appear at the
scheduled probation meeting shall constitute a violation of the Board's
Order.
3. Prior to the approval of
the supervising physician by the committee, Respondent shall submit to the
committee a current curriculum vitae and description of the current practice of
the proposed supervising physician. Said materials shall be received in the
Board office no later than 21 days before the Respondent's first scheduled
probation appearance.
(d)
The responsibilities of a supervising physician shall include:
1. Submit quarterly reports, in affidavit
form, which shall include:
a. Brief statement
of why physician is on probation.
b. Description of probationer's
practice.
c. Brief statement of
probationer's compliance with terms of probation.
d. Brief description of probationer's
relationship with supervising physician.
e. Detail any problems which may have arisen
with probationer.
2.
Should the Board determine that Respondent's medical records need to be
reviewed, the Board shall set forth the percentage of the records and type of
records to be reviewed by the supervising physician. The patient records shall
be selected by the supervising physician on a random basis at least once every
month.
3. Report to the Board any
violation by the probationer of chapters 456 and 458, F.S., and the rules
promulgated pursuant thereto.
(5) Alternate Monitor/Supervisor. In view of
the need for ongoing and continuous monitoring or supervision, Respondent shall
also be required to submit the curriculum vitae and name of an alternate
supervising/monitoring board-certified physician who shall be approved by
Probationer's Committee. Such physician shall be licensed pursuant to chapter
458, F.S., and shall have the same duties and responsibilities as specified for
Respondent's monitoring/supervising physician during those periods of time
which Respondent's monitoring/supervising physician is temporarily unable to
provide supervision. Prior to practicing under the indirect supervision of the
alternate monitoring physician or the direct supervision of the alternate
supervising physician, Respondent shall so advise the Board in writing.
Respondent shall further advise the Board in writing of the period of time
during which Respondent shall practice under the supervision of the alternate
monitoring/supervising physician. Respondent shall not practice unless
Respondent is under the supervision of either the approved
supervising/monitoring physician or the approved alternate.
(6) In the event the Respondent is unable to
locate a physician who is board-certified in the Respondent's specialty
area/area of practice who is available and willing to serve as his or her
monitor, the Committee may allow the Respondent to be supervised by a non
board-certified physician, provided that Respondent is able to demonstrate that
after diligent effort he or she was unable to locate a board-certified
physician in the Respondent's specialty area/area of practice who is available
and willing to serve as his or her monitor. Respondent must also demonstrate
that the proposed non board-certified physician is qualified by specialty
area/area of practice and experience to serve as Respondent's
monitor.
(7) In the event the
Respondent is unable to locate a qualified physician monitor who is located
within 20 miles of Respondent's practice, the Committee may allow the
Respondent to be supervised by a physician outside the 20-mile area, provided
that the Respondent is able to demonstrate that after diligent effort he or she
was unable to locate a qualified monitor within the 20 mile area.
(8) Continuing Medical Education. Should the
Board determine that continuing medical education (CME) is appropriate during
the probationary period, the Board shall determine the number of hours and
subject area of the required CME. The CME shall be Category I Continuing
Medical Education. Respondent shall submit a written plan to the Chairperson of
the Probationer's Committee for approval prior to the completion of said
courses. The Board confers authority on the Chairperson of the Probationer's
Committee to approve or disapprove said continuing education courses. In
addition, Respondent shall submit documentation of completion of these
continuing medical education courses in each report. These hours shall be in
addition to those hours required for biennial renewal of licensure. Said
continuing education courses shall consist of a formal live lecture
format.
(9) PRN Required. Should
the Board determine that a contract by the Professionals Resource Network (PRN)
is appropriate, Respondent shall participate and comply with the PRN contract.
(a) Respondent shall enter into an after care
contract with PRN, shall comply with all its terms, and shall be responsible
for assuring that the medical director of PRN send the Board a copy of said
contract.
(b) Respondent shall
execute a release that authorizes PRN to release information and medical
records (including psychiatric records and records relating to treatment for
drug dependence and alcoholism) to the Board of Medicine as needed to monitor
the progress of Respondent in the PRN program.
(c) Respondent shall authorize the director
of PRN to report to the Board of Medicine any problems that may occur with
Respondent and any violations of chapter 456 or 458, F.S. Such a report shall
be made within 30 days of the occurrence of any problems, or violations of
chapter 456 or 458, F.S.
(10) Relinquishment of DEA Registration
Required. Should the Board determine that it is appropriate to require a
relinquishment of Respondent's prescribing privileges, the Board shall set
forth the length of said relinquishment and determine which controlled
substances shall be affected.
(a) Respondent
shall relinquish his or her registration with the Drug Enforcement
Administration (DEA) until such time as Respondent can demonstrate the ability
to practice medicine with skill and safety to patients absent this condition or
term of probation.
(b) At such time
that the Board determines that reinstatement of prescribing privileges is
appropriate, Respondent's prescribing may be subject to certain conditions and
restrictions to be set forth by the Board.
(11) Prescribing Prohibition or Restriction.
Should the Board determine that it is appropriate to require a restriction of
Respondent's prescribing privileges, the Board shall set forth the length of
said restriction and determine which controlled substances shall be affected.
Such restrictions shall include, but are not limited to:
(a) Restriction from prescribing,
administering, dispensing, mixing or ordering Schedule controlled substances,
other than in a hospital setting.
(b) Prescribing controlled substances with
the restrictions set forth below:
1.
Respondent shall utilize sequentially numbered duplicate or triplicate
prescriptions in the prescribing of Schedule controlled substances.
2. Respondent shall, within one month after
issuance, provide one copy of each prescription for controlled substances to
the Department's investigator.
3.
Respondent shall, within two weeks after issuance, provide one copy of each
prescription for controlled substances to his/her monitoring/supervising
physician.
4. Respondent shall
maintain one copy of each prescription for controlled substances in the
patient's medical records.
(12) Prohibition on the supervision of
physician assistant (PA) or advanced registered nurse practitioner (ARNP)
prescribers. In the event Respondent is restricted from the prescribing of one
or more classes of controlled substances, Respondent may not delegate the
prescribing of such classes of controlled substances to Physician Assistants
(PAs) and Advanced Registered Nurse Practitioners (ARNPs) until such time as
the Respondent is no longer prohibited from prescribing said classes of
controlled substances. Within ten days of entry of the final order, Respondent
must provide the Board compliance officer with a copy of the amended written
agreement required by Rule
64B8-30.007, F.A.C., or
protocols as required by rule
64B8-35.002, F.A.C., reflecting
the withdrawal of delegation of controlled substances.
(13) Restriction on Treating Female Patients.
Should the Board determine there should be a restriction on treating female
patients, Respondent shall not examine or treat any female patients without a
female employee who is a health care practitioner licensed by the Department of
Health present in the room.
Rulemaking Authority
456.072(2),
458.309,
458.331(5) FS.
Law Implemented 456.072(2),
458.331(5)
FS.
New 8-1-06, Amended 5-1-17, 5-7-18,
3-10-19.
