64B13-7.005. Terms of Probation

(1) Any licensee ordered to serve probation by final order of the Board, shall be subject to the following:

(a) The respondent shall remain on probation for the period of time indicated in the final order. The probationary period shall terminate at the end of the time indicated in the final order if all the terms and conditions of probation have been met. Otherwise, the probation shall be terminated only by order of the Board upon proper petition of respondent, supported by evidence of compliance with the final order.

(b) Any deviation from the requirements of the probation without prior written consent of the Board shall constitute a violation of this probation.

(c) Respondent shall comply with all state and federal statutes, rules and regulations pertaining to the practice of Optometry including Chapters 456, and 463, F.S., and rule Chapter 64B13, F.A.C.

(d) Respondent shall appear before the Board at the first meeting of the Board after said probation commences, at the last meeting of the Board preceding termination of probation, and at such other times as requested by the Board.

(e) In the event Respondent leaves the State of Florida for a period of thirty days or more, or otherwise does not engage in the practice of optometry in Florida, Respondent’s probation shall be tolled and shall remain in a tolled status until Respondent returns to active practice in the State of Florida, at which time the probationary status shall resume. Respondent must keep current residence and business addresses on file with the Board and is subject to all other requirements for renewal. Respondent shall notify the Board within ten (10) days of any changes of said addresses.

(f) Respondent shall submit reports to the Probation committee at intervals specified by the Board. The Reports shall include:

1. Brief statement of why Respondent is on probation.

2. Practice location.

3. Description of current practice (type and composition).

4. Brief statement of compliance with probationary terms.

5. Description of relationship with monitoring/supervising optometrist.

6. Description of any problems.

7. Notarized copies of a number specified by the Board of patient records of patients examined or treated by the respondent within the previous 60 days. To protect patient confidentiality the patients’ names should be suitably covered on the copies.

8. Other information as may be specified by the Board.

(g) During this period of probation, semiannual investigative reports will be compiled by the Department concerning respondent’s compliance with the terms and conditions of probation and the rules and statutes regulating the practice of optometry.

(h) Respondent shall take and obtain a passing grade as specified in paragraph 64B13-4.001(2)(c), F.A.C., on a laws and rules examination. Respondent shall pay any applicable examination fee(s).

(2) If specified in the Final Order, the respondent shall be subject to the following probationary terms:

(a) Respondent shall practice only under indirect supervision as defined in subsection 64B13-7.006(1), F.A.C.

(b) Respondent shall practice only under direct supervision as defined in subsection 64B13-7.006(2), F.A.C.

(c) Respondent shall obtain a number of continuing education credits in specific areas, within a number of month(s)/year(s) as specified by the Board or in the final order, in addition to those hours required for renewal of licensure.

(d) Respondent shall see a psychiatrist or psychologist approved by the Board at intervals specified by the Board for evaluations and treatment.

(e) Respondent shall not consume alcohol.

(f) Respondent shall comply with all of the conditions of his/her after care contract with the Florida Professionals Resource Network.

(g) Respondent shall attend AA or NA meetings on a frequency of at least one meeting per week.

(h) Respondent shall not consume, inject or ingest any controlled substances unless prescribed or administered for a medically justifiable purpose by a practitioner authorized by law to prescribe or dispense controlled substances. Respondent shall submit to random blood and/or urine testing for purposes of ascertaining Respondent’s compliance with his/her probation. Respondent shall pay all reasonable costs of obtaining random urine and/or blood screens.

(i) Respondent shall relinquish her/her certification to use topical ocular pharmaceutical agents.

(j) Respondent shall not examine or treat any specified type of patients without an employee present in the room.

(k) During the next number of months Respondent shall perform a number of hours of community service at a specified location or organization. Community service shall consist of optometric service without fee or cost to the patient for the good of the people of the State of Florida. Records (affidavits) detailing the community service performed shall be filed with the Board.

(3) All costs of probation, including the supervisor/monitor and any required testing or treatment shall be the responsibility of the licensed practitioner who is the subject of the final order imposing terms of probation.

Rulemaking Authority 463.005 FS. Law Implemented 456.072(2), (4), 456.076 FS. History–New 7-18-90, Formerly 21Q-7.005, 61F8-7.005, Amended 11-29-94, 5-29-95, Formerly 59V-7.005, Amended 7-21-11, 4-27-16.