64B15-7.0102. Probation Variables

In instances where a Respondent is placed on probation by the Board, the Board shall determine the terms and conditions of Respondent’s probation. The following terms of probation are utilized by the Board to ensure that Respondents are safely practicing as anesthesiologist assistants. Possible terms of probation and restrictions on practice include, but are not limited to:

(1) APPEARANCES REQUIRED. Respondent shall appear before the Board at the first meeting after said probation commences, at the last meeting of the Board 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 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) The responsibilities of a probation supervisor shall include:

Submit quarterly reports, in affidavit form, which shall include:

1. Brief statement of why the anesthesiologist assistant is on probation.

2. Description of probationer’s practice.

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

4. Brief description of probationer’s relationship with probation supervisor.

5. Detail any problems which may have arisen with probationer.

(3) Prior to the approval of the probation supervisor by the Board, Respondent shall submit to the Board a current curriculum vitae and description of the current practice of the proposed probation supervisor. Said materials shall be received in the Board office no later than 21 days before the Respondent’s first scheduled probation appearance.

(4) ALTERNATE MONITOR/SUPERVISOR. In view of the need for ongoing and continuous supervision, Respondent shall also be required to submit the curriculum vitae and name of an alternate probation supervisor who shall be approved by the Board. Such physician shall be a board-certified anesthesiologist licensed pursuant to Chapter 459, F.S., and shall have the same duties and responsibilities as specified for Respondent’s probation supervisor during those periods of time which Respondent’s probation supervisor is temporarily unable to provide supervision. Respondent shall not practice unless Respondent is under the supervision of either the approved probation supervisor or the approved alternate.

(5) CONTINUING MEDICAL EDUCATION. Should the Board determine that continuing medical education (CME) is appropriate during the probationary period, the Board shall determine the number of hours and subject area of the required CME. The CME shall be Category I Continuing Medical Education. Respondent shall submit a written plan to the Chair for approval prior to the completion of said courses. The Board confers authority on the Chair to approve or disapprove said continuing education courses. In addition, Respondent shall submit documentation of completion of these continuing medical education courses in each report. These hours shall be in addition to those hours required for biennial renewal of licensure. Said continuing education courses shall consist of a formal live lecture format.

(6) PRN REQUIRED. Should the Board determine that a contract by the Professionals Resource Network (PRN) is appropriate, Respondent shall participate and comply with the PRN contract.

(a) Respondent shall enter into an after care contract with PRN, shall comply with all its terms, and shall be responsible for assuring that the medical director of PRN send the Board a copy of said contract.

(b) Respondent shall execute a release that authorizes PRN to release information and medical records (including psychiatric records and records relating to treatment for drug dependence and alcoholism) to the Board of Osteopathic Medicine as needed to monitor the progress of Respondent in the PRN program.

(c) Respondent shall authorize the director of PRN to report to the Board of Osteopathic Medicine any problems that may occur with Respondent and any violations of Chapter 456 or 459, F.S. Such a report shall be made within 30 days of the occurrence of any problems, or violations of Chapter 456 or 459, F.S.

(7) RESTRICTION ON TREATING PATIENTS OF THE OPPOSITE GENDER. Should the Board determine there should be a restriction on treating patients of the opposite gender, Respondent shall not examine or treat any patients of the opposite gender without an employee who is of the same patient gender and who is a health care practitioner licensed by the Department of Health present in the room.

Specific Authority 456.072(2) FS. Law Implemented 456.072(2) FS. History–New 11-11-07.