Fla. Admin. Code Ann. R. 64B15-19.005 - Probationary Conditions and Definitions and Practice Restrictions
(1) Indirect Supervision. Whenever a license
is placed on probation or otherwise restricted in such a manner as to require
the Respondent to practice under indirect supervision, the term indirect
supervision does not require that the monitoring physician practice on the same
premises as the Respondent; however, the monitor shall practice within a
reasonable geographic proximity to Respondent, which shall be within 20 miles
unless otherwise authorized by the Board, and shall be readily available for
consultation.
(2) Direct
Supervision. Whenever a license is placed on probation or otherwise restricted
in such a manner as to require the Respondent to practice under direct
supervision, the term direct supervision requires that the Respondent practice
medicine only if the supervisor is on the premises.
(3) Provisions governing all supervised or
monitored physicians.
(a) The
supervisor/monitor shall be furnished with copies of the Administrative
Complaint, Final Order, Stipulation (if applicable), and other relevant
orders.
(b) The Respondent shall
not practice without a supervisor/monitor unless otherwise ordered by the
Board. The Respondent shall appear at the next meeting of the Board with his
proposed supervisor or monitor unless otherwise ordered.
(c) After the next meeting of the Board,
Respondent shall only practice under the supervision of the supervisor or
monitor. If for any reason the approved supervisor/monitor is unwilling or
unable to serve, Respondent and the supervisor/monitor shall immediately notify
the Executive Director of the Board, and Respondent shall cease practice until
a temporary supervisor/monitor is approved. The Chairman of the Board may
approve a temporary supervisor/monitor who may serve in that capacity until the
next meeting of the Board at which time the Board shall accept or reject a new
proposed supervisor/monitor. If the Board rejects the proposed
supervisor/monitor, Respondent shall cease practice until a new
supervisor/monitor is approved by the Board.
(d) The supervisor/monitor must be a licensee
under Chapter 459 or 458, F.S., in good standing and without restriction or
limitation on his license. In addition, the Board may reject any proposed
supervisor/monitor on the basis that he or she has previously been subject to
any disciplinary action against his or her license to practice osteopathic
medicine in this or any other jurisdiction. The supervisor/monitor must be
actively engaged in the same or similar specialty area unless otherwise
provided by the Board. The Board may also reject any proposed
supervisor/monitor for good cause shown.
(4) For purposes of determining the dates
when reports are due, the date the Final Order is filed shall constitute the
beginning of the quarter.
(a) All quarterly
reports shall be provided to the Board office no later than three months from
the filing date of the Final Order.
(b) All semiannual reports shall be provided
to the Board office no later than six months from the filing date of the Final
Order.
(c) All annual reports shall
be provided to the Board office no later than twelve months from the filing
date of the Final Order.
(5) 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
64B15-6.0037, F.A.C., or
protocols with ARNPs, as required by Section
459.025, F.S., reflecting the
withdrawal of delegation of controlled substances.
Notes
Rulemaking Authority 459.005 FS. Law Implemented 459.015(2), 459.022, 459.025 FS.
New 4-18-89, Formerly 21R-19.005, 61F9-19.005, Amended 9-5-94, Formerly 59W-19.005, Amended 11-27-97, 10-20-98, 11-2-05, 12-9-14, 8-24-17.
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