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.

Rulemaking Authority 459.005 FS. Law Implemented 459.015(2), 459.022, 459.025 FS. History–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.