Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G18 - Board of Veterinary Medicine › Chapter 61G18-30 - DISCIPLINE › Section 61G18-30.005 - Terms of Probation

Current through Reg. 50, No. 138; July 16, 2024
Any licensee determined to have violated the provisions of
				  Chapter 474, F.S., may be ordered to serve probationary terms including any or
				  all of the following:
(1)
				Probationer's license may be suspended for a period of time set by the Board,
				the suspension may be stayed so long as the licensee complies with the terms of
				probation established.
(2) The
				licensee may be placed on probation for a period of time set by the Board. Any
				deviation from the requirements of the probation without prior written consent
				of the Board shall constitute a violation of probation. The probationary period
				shall automatically terminate at the end of the prescribed time, but only if
				all terms and conditions have been met. Otherwise, the probation shall be
				terminated only by order of the Board upon proper petition of the licensee,
				supported by evidence of compliance with the Final Order.
(3) The licensee's probation may be subject
				to the following terms and conditions:
(a)
				Probationer shall comply with all state statutes and rules pertaining to the
				practice of Veterinary Medicine Chapters 455 and 474, F.S., and rule Chapter
				61G18, F.A.C.
(b) Probationer shall
				appear before the Board at the first meeting after the probation commences, at
				the last meeting of the Board preceding termination of probation, and at such
				other times as requested by the Board.
(c) In the event Probationer leaves the State
				of Florida for a period of thirty days or more, or otherwise does not engage in
				practice in Florida, Probationer's probation shall be tolled and shall remain
				in a tolled status until Probationer returns to active practice in the State of
				Florida, at which time the probationary status shall resume. Probationer must
				keep current residence and business address on file with the Board. Probationer
				shall notify the Board within ten (10) days of any changes of said
				addresses.
(d) Probationer shall
				practice only under the supervision of a veterinarian fully licensed under
				Chapter 474, F.S., to be approved by the Board or its designee. Probationer
				shall have the supervising veterinarian with the Probationer at the
				Probationer's first probation appearance before the Board. Prior to approval of
				the supervising veterinarian by the Board or its designee, the Probationer
				shall provide to the supervising veterinarian a copy of the administrative
				complaint filed in this case. A failure of the Probationer or the supervising
				veterinarian to appear at the scheduled Board meeting shall constitute a
				violation of the Board's Final Order. Prior to the approval of the supervising
				veterinarian by the Board or its designee, Probationer shall submit to the
				Board or its designee a current curriculum vitae and description of the current
				practice from the proposed supervising veterinarian. Said materials shall be
				received in the Board office no later than fourteen (14) days before
				Probationer's first scheduled probation appearance. Probationer shall be
				responsible for ensuring that the supervising veterinarian submits the required
				reports. The responsibilities of the supervising veterinarian shall include:
1. Submit quarterly reports in affidavit form
				which shall include:
a. Brief statement of why
				Probationer is on probation.
b.
				Description of Probationer's practice.
c. Brief statement of Probationer's
				compliance with terms of probation.
d. Brief statement of Probationer's
				relationship with supervising veterinarian.
e. Detail any problems which may have arisen
				with Probationer.
2.
				Review a percentage of Probationer's patient records selected on a random basis
				at least once every two (2) weeks.
3. Review all patient records treated
				for/with certain conditions.
4.
				Consult with Probationer on all cases involving specified conditions.
5. Review Probationer's use of pharmaceutical
				agents.
6. Report to the Board any
				violations by the Probationer of Chapters 455, 893 and 474, F.S., and the rules
				promulgated pursuant thereto.
(e) Probationer shall submit quarterly
				reports in affidavit form to the Board. The reports shall include:
1. Brief statement of why Probationer is on
				probation.
2. Practice
				location.
3. Description of current
				practice stating type and composition.
4. Brief statement of compliance with
				probationary terms.
5. Description
				of relationship with the supervising veterinarian.
6. Description of any problems.
7. Certified copies of a number of patient
				records of patients examined or treated by the Probationer within the previous
				sixty (60) days with all identification of patient suitably
				obliterated.
(f)
				Probationer shall obtain a number of Continuing Education credits in specific
				areas, within a number of months/year(s), in addition to those hours required
				for renewal of licensure.
(g)
				Probationer shall see a psychiatrist, psychologist or psychotherapist approved
				by the Board or its designee at least the specified number of visits for
				evaluations and treatment.
(h)
				Probationer shall comply with the requirements of the PRN program and shall
				provide releases to medical records sufficient to satisfy state and federal
				laws.
(i) Medical Records
				Probation: When the violation is related to the failure to keep adequate
				medical records the Board may impose probation as specified below to monitor
				and improve the respondent's medical record keeping.
1. The probationer shall complete an approved
				continuing education course on Medical Record Keeping of at least 4 hours
				within 30 days of the final order. Respondent must submit information on the
				course to be taken to the Board Office and it must be approved by the Board
				Chairman or his designee before the respondent takes the course.
2. As a condition of probation, Respondent
				shall submit themselves to two (2) unannounced collections of medical records
				by a Department investigator per year during Respondent's probationary period.
				During each collection, the Department investigator shall be permitted to
				select and copy, at the Respondent's expense, the medical records of five (5)
				patients of the investigator's choosing; said records shall be submitted to the
				Board office for review and approval by a board member assigned by the Board
				Chairman. Respondent shall facilitate said inspections in whatever manner
				required by the Department. Records must include records that were created on
				or after the date of the final order.
3. If the reviewer finds records to be not in
				compliance with Rule 61G18-18.002, F.A.C., a copy of
				the reviewers report will be provided to the Respondent and the Board and the
				respondent will be required to appear for an additional probation appearance at
				the next regularly schedule meeting of the Board. Violations of Rule
				61G18-18.002, F.A.C., may result
				in disciplinary action.
4.
				Probationer shall appear before the Board at the first meeting after the
				probation commences, at the last meeting of the Board preceding termination of
				probation, and at such other times as requested by the Board.
5. In the event Probationer leaves the State
				of Florida for a period of thirty days or more, or otherwise does not engage in
				practice in Florida, Probationer's probation shall be tolled and shall remain
				in a tolled status until Probationer returns to active practice in the State of
				Florida, at which time the probationary status shall resume. Probationer must
				keep current residence and business address on file with the Board. Probationer
				shall notify the Board within ten (10) days of any changes of said
				addresses.