Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B17 - Board of Physical Therapy Practice › Chapter 64B17-7 - DISCIPLINARY GUIDELINES › Section 64B17-7.0029 - Terms of Probation

Current through Reg. 50, No. 138; July 16, 2024
Any licensee found by the Board to have violated the
				  provisions of chapter 456, F.S., chapter 486, F.S., or the rules adopted
				  thereunder, may be ordered to serve a period of probation by the Board. Unless
				  otherwise approved by the Board or its designee, or addressed by a Final Order
				  of the Board, the following terms are the terms applicable to all probationary
				  terms imposed by the Board.
(1) The
				licensee shall be placed on probation for a period of time to be set by the
				Board. Any deviation from the requirements of the probation without prior
				written consent of the Board shall constitute a violation of this probation and
				the underlying final order and may result in additional disciplinary
				proceedings being brought against the licensee. The probationary period shall
				not begin until such time as a monitor is approved pursuant to subsection (6)
				below. The probationary period shall automatically terminate at the end of a
				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.
(2) Probationer shall comply
				with all state statutes and rules pertaining to the practice of Physical
				Therapy in chapters 456, 486, F.S., and the rules of the Board.
(3) Probationer shall appear before the Board
				at the first meeting after the probationary period commences, at the last
				meeting of the Board preceding termination of probation, and at other such
				times as requested by the Board.
(4) In the event Probationer leaves the State
				of Florida for a period of thirty (30) days or more, or otherwise does not
				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.
(5) Probationer must keep current residence
				and business addresses on file with the Board. Probationer shall notify the
				Board within ten (10) days of any changes of said addresses.
(6) Probationer shall practice only under the
				supervision of a monitor who is a Physical Therapist licensed in this State
				under chapter 486, F.S., to be approved by the Board or its designee. Prior to
				requesting approval of the monitor by the Board or its designee, the
				Probationer shall provide to the proposed monitor a copy of the administrative
				complaint filed in the case and shall submit to the Board or its designee a
				current curriculum vitae and description of the current practice from the
				proposed monitor. Said materials shall be received in the Board office no later
				than 14 days before Probationer's first scheduled probation appearance. The
				Board confers authority to the Chair of the Board to temporarily approve
				Probationer's monitor. Probationer shall have the monitor with the Probationer
				at the Probationer's first probation appearance before the Board. A failure of
				the Probationer or the monitor to appear at the scheduled Board meeting shall
				constitute a violation of the Board's Final Order.
(7) Specific grounds for rejecting a proposed
				monitor by the Board or its designee shall include but are not limited to the
				following:
(a) The proposed monitor has
				previously been subject to disciplinary action against his/her physical
				therapist license in this or any other jurisdiction;
(b) The proposed monitor is currently under
				investigation, or is the subject of a pending disciplinary action;
(c) The proposed monitor is not actively
				engaged in the same or similar practice area;
(d) The proposed monitor is not practicing
				within a distance of no more than 20 miles from the Respondent's practice
				location; and/or
(e) The proposed
				monitor is a relative or employee of the Respondent, or otherwise has
				relationship with the Respondent that constitutes a conflict of interest or is
				otherwise unable to remain impartial.