Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-8 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-8.0012 - Probation Variables and Practice Restrictions

Current through Reg. 50, No. 138; July 16, 2024
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.