64B13-7.006. Description of Supervision

The following description shall govern respondents ordered to work under supervision as a term of probation.

(1) Indirect Supervision is supervision by a monitoring optometrist that does not require that the monitor 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 provided by the Board and shall be readily available for consultation.

(2) Direct Supervision is supervision by a supervising optometrist that requires the supervisor and Respondent work on the same premises.

(3) The following provisions shall govern all supervised or monitored optometrists:

(a) Supervisor/monitors must be approved by the Board or the Probation Committee. Prior to approval of the monitoring optometrist, respondent shall submit to the Probation Committee chairman a current curriculum vitae and description of the current practice from the proposed monitoring optometrist. Said materials shall be received in the Board office no later than fourteen days before respondent’s first scheduled probation appearance.

(b) Following issuance of the Final Order, the respondent shall appear at the next meeting of the Board or Probation Committee with his/her proposed supervisor or monitor unless otherwise ordered.

(c) Respondent shall be responsible for ensuring that the monitoring optometrist submits the required reports.

(d) The supervisor/monitor shall be furnished with copies of the Administrative Complaint, Final Order, Stipulation (if applicable), and other relevant orders.

(e) After the Respondent’s supervisor/monitor has been approved the Respondent shall not practice without a supervisor/ monitor unless otherwise ordered by the Board.

(f) If for any reason the approved supervisor/monitor is unwilling or unable to serve, respondent shall immediately notify the Executive Director of the Board and cease practice until a temporary supervisor/monitor is approved. The Chairman of the Board or Probation Committee may approve a temporary supervisor/monitor who may serve in that capacity until the next meeting of the Probation Committee at which time the Committee shall accept or reject a new proposed supervisor/monitor. If the proposed supervisor/monitor is rejected, respondent shall cease practice until a new supervisor/monitor is approved by the Committee or temporarily approved by the Chairman of the Committee.

(g) The supervisor/monitor must be a licensed practitioner under Chapter 463, Florida Statutes, in good standing and without restriction or limitation on his/her license. In addition, the Board or Committee may reject any proposed supervisor/monitor on the basis that he/she has previously been subject to any disciplinary action against his/her optometry license in this or any other jurisdiction. The Board or Committee may also reject any proposed supervisor/monitor for good cause shown.

(4) Supervisors/monitors shall have the following responsibilities:

(a) Submit quarterly/semiannual reports, which shall include:

1. Brief statement of why respondent is on probation.

2. Description of respondent’s practice.

3. Brief statement of respondent’s compliance with terms of probation.

4. Brief statement of respondent’s relationship with monitoring optometrist.

5. Details of any problem which may have arisen with respondent.

(b) Review a percentage of respondent’s patient records selected on a random basis at least once every two weeks.

(c) Review all patient records treated for/with certain conditions as directed by the Board or the Probation Committee.

(d) Consult with respondent on all cases involving certain conditions as directed by the Board or the Probation Committee.

(e) Review respondent’s use of pharmaceutical agents as directed by the Board or the Probation Committee.

(f) Report to the Board any violations by the respondent of Chapters 456, Part II, and 463, Florida Statutes, and the rules promulgated pursuant thereto.

(g) Other duties as may be requested by the Board or the Probation Committee.

Specific Authority 456.072(2), 463.005 FS. Law Implemented 463.016(2) FS. History–New 7-18-90, Formerly 21Q-7.006, 61F8-7.006, Amended 11-29-94, Formerly 59V-7.006.