64B8-8.0011. Standard Terms Applicable to Orders

Unless otherwise approved by the Board or its designee, or addressed by the Final Order, the following are the terms applicable to all Final Orders rendered by the Board in disciplinary proceedings.

(1) Payment of Fines and Costs. All fines and costs shall be paid by check or money order made payable to the Board and sent to DOH/Compliance Management Unit, Bin #C76, P.O. Box 6320, Tallahassee, Florida 32314-6320, within 30 days of the filing of the Order.

(2) Addresses. Respondent must keep current residence and practice addresses on file with the Board. Respondent shall notify the Compliance Office, in writing, within 10 days of any changes of those addresses. Furthermore, if the Respondent’s license is on probation, the Respondent shall notify the Compliance Office within 10 days in the event that Respondent leaves the active practice of medicine in Florida.

(3) Compliance Address. All reports, correspondence and inquiries shall be sent to: DOH, Compliance Management Unit, Bin #C76, 4052 Bald Cypress Way, Tallahassee, Florida 32399-3251, Attn: Medical Compliance Officer.

(4) Continuity of Practice.

(a) Tolling Provisions. In the event the Respondent leaves the State of Florida for a period of 30 days or more or otherwise does not or may not engage in the active practice of medicine in the State of Florida, then certain provisions of the requirements in the Board’s Order shall be tolled and shall remain in a tolled status until Respondent returns to the active practice of medicine in the State of Florida. Respondent shall notify the Compliance Officer 10 days prior to his/her return to practice in the State of Florida. The following requirements shall be tolled until the Respondent returns to active practice:

1. The time period of probation shall be tolled.

2. The provisions regarding supervision whether direct or indirect by the monitor/supervisor, and required reports from the monitor/supervisor shall be tolled.

3. The requirement for quality assurance review of Respondent’s practice shall be tolled.

4. Any requirements regarding lectures.

(b) Active Practice. In the event that Respondent leaves the active practice of medicine for a period of one year or more, the Respondent may be required to appear before the Board and demonstrate the ability to practice medicine with reasonable skill and safety to patients prior to resuming the practice of medicine in the State of Florida.

(5) Continuing Education Units. All continuing education units/courses must be completed, and documentation of such completion submitted to DOH/Client Services, at the address set forth in subsection (3) above.

(a) Continuing Education. Continuing education imposed by Board Order shall be in addition to those hours required for biennial renewal of licensure. Said continuing education courses must be pre-approved by the Board’s Probationer’s Committee and shall consist of a formal live lecture format.

(b) In lieu of live lecture format set forth in paragraph (5)(a), above, the Board will permit Respondents to complete required continuing medical education by attending webinars. The webinar must be pre-approved by the Board’s Probationer’s Committee, upon demonstration by the Respondent that the webinar meets the following conditions:

1. The webinar must contain specific relevant learning objectives,

2. The webinar must provide for an interactive format,

3. The webinar must provide for a post-course assessment; and,

4. The webinar provider must ensure attendance.

(6) Lectures. In the event the Respondent is required by Board Order to present a lecture on a specific topic, one component of the lecture must address the specific events arising from the Respondent’s disciplinary matter.

(7) Probation Terms. If probation was imposed by Board Order, the following provisions are applicable:

(a) Definitions.

1. Indirect Supervision is supervision by a supervising physician, as set forth in the Board’s Order. Indirect supervision does not require that the supervisor practice on the same premises as the Respondent. However, the supervisor shall practice within a reasonable geographic proximity to Respondent, which shall be within 20 miles and shall be readily available for consultation. The supervisor shall be board-certified in the Respondent’s specialty area.

2. Direct Supervision is supervision by a supervising physician, as set forth in the Order. Direct supervision requires that the supervisor be physically located on the same premises where the Respondent practices medicine. The supervisor shall be board-certified in the Respondent’s specialty area.

3. Immediate Supervision is supervision by a supervising physician (supervisor), as set forth in the Board’s order. Immediate Supervision requires that the supervisor be physically located in the same room when supervising the Respondent. The supervisor shall be board-certified in the Respondent’s specialty area.

4. Probation Committee or “Committee” are members of the Board of Medicine designated by the Chair of the Board to serve as the Probation Committee.

5. If the Respondent who has been ordered to practice under indirect, direct, or immediate supervision practices in a specialty area where there is no board certification by an entity recognized by the American Board of Medical Specialties or by the Board under subsection 64B8-11.001(8), F.A.C., Respondent’s supervisor shall be board certified in a specialty area that is most similar to that of the Respondent’s practice as determined by the Committee.

(b) Required Supervision.

1. If the terms of the Order include indirect monitoring of the licensee’s practice (monitoring) or direct monitoring of the licensee’s practice (supervision), the Respondent shall not practice medicine without an approved monitor/supervisor, as specified by the Final Order.

2. The monitor/supervisor must be licensed under chapter 458, F.S., in good standing, in active status, without restriction or limitation on his/her license, must be qualified by training and experience, and must not have any conflicts of interest that would prohibit him or her from impartially performing his or her duties as a monitor. Specific grounds for rejecting a proposed monitor/supervisor by the Board or its designee shall include but are not limited to the following:

a. The proposed monitor/supervisor has previously been subject to disciplinary action against his/her medical license in this or any other jurisdiction,

b. The proposed monitor/supervisor is currently under investigation, or is the subject of a pending disciplinary action,

c. The proposed monitor/supervisor is not actively engaged in the same or similar specialty area,

d. The proposed monitor/supervisor is not practicing within a distance of no more than 20 miles from the Respondent’s practice location,

e. The proposed monitor/supervisor is a relative or employee of the Respondent.

(c) Temporary Approval. The Board confers authority on the Chair of the Probation Committee to temporarily approve Respondent’s monitor/supervisor. To obtain this temporary approval, Respondent shall submit to the Compliance Officer the name and curriculum vitae of the proposed monitor/supervisor. This information shall be furnished to the Chair of the Probation Committee by way of the Compliance Officer. This information may be faxed to the Compliance Officer at [phone], or may be sent by overnight mail to the Compliance address as set forth in subsection (3), above. Should Respondent’s monitoring/supervising physician be temporarily approved, said approval shall only remain in effect until the next meeting of the Probationer’s Committee. Absent said approval, Respondent shall not practice medicine until a monitoring/supervising physician is approved. Temporary approval shall only remain in effect until the next meeting of the Probation Committee.

(d) Formal Approval. Respondent shall have the monitor/supervisor with him/her at the first probation appearance before the Probation Committee. Prior to consideration of the monitor/supervisor by the Committee, the Respondent shall provide the monitor/supervisor a copy of the Administrative Complaint and the Board’s Order in this case. Respondent shall submit a current curriculum vitae, a description of current practice, and a letter agreeing to serve from the proposed monitor/supervisor to the Compliance Officer no later than 21 days before the Respondent’s first scheduled probation appearance. Respondent’s monitor/supervisor shall also appear before the Probation Committee at such times as directed by the Committee. It shall be the Respondent’s responsibility to ensure the appearance of his/her monitor/supervisor as directed. Failure of the monitor/supervisor to appear as directed shall constitute a violation of the terms of the Board’s Order and shall render the Respondent subject to additional disciplinary action.

(e) Change in Monitor/Supervisor. In the event that Respondent’s monitor/supervisor is unable or unwilling to fulfill his/her responsibilities as a monitor/supervisor as described above, the Respondent shall advise the Compliance Office of this fact within 24 hours of becoming aware of the situation. Respondent shall submit to the Compliance Office the name of a temporary monitor/supervisor for consideration. Respondent shall not practice pending approval of this temporary monitor/supervisor by the Chair of the Probation Committee. Furthermore, Respondent shall make arrangements with his/her temporary monitor/supervisor to appear before the Probation Committee at its next regularly scheduled meeting for consideration of the monitor/supervisor by the Committee. Respondent shall only practice under the supervision of the temporary monitor/supervisor (approved by the Chair) until the next regularly scheduled meeting of the Probation Committee whereat the issue of the Committee’s approval of the Respondent’s new monitor/supervisor shall be addressed.

(f) Reports. If directed by Board Order, probation reports, in affidavit form, shall be submitted by the Respondent and shall contain the following:

1. Brief statement of why physician is on probation.

2. Practice location.

3. Describe current practice (type and composition).

4. Brief statement of compliance with probationary terms.

5. Describe relationship with monitoring/supervising physician.

6. Advise Compliance Officer of any problems including office incident reports filed; loss or restriction of hospital staff privileges; loss or restriction of DEA registration; or any Medicare/Medicaid program exclusions, restrictions or limitations.

(g) Monitor/Supervisor Reports. If directed by Board Order, monitor/supervisor reports, in affidavit form shall include the following:

1. Brief statement of why physician 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 monitoring physician.

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

(h) Investigative Reports. Respondent understands that during the period of probation, at a minimum, semi-annual investigative reports will be compiled with the Department of Health concerning compliance with the terms and conditions of probation and the rules and statutes regulating the practice of medicine.

(8) Costs of Compliance. Respondent shall pay all costs necessary to comply with the terms of the Board’s Order. Such costs include, but are not limited to, the costs of preparation of the investigative reports detailing compliance with the terms of the Order, the cost of analysis of any blood or urine specimens submitted pursuant to the Order, and administrative costs directly associated with Respondent’s probation. See Section 458.331(2), F.S.

(9) Supervision of Physician Assistants and/or Anesthesiologist Assistants. Respondent is required to notify, in writing, any physician assistant and/or anesthesiologist assistant which the Probationer supervises, of his or her probationary status. A copy of said written notification(s) shall be submitted to the Board’s Compliance Officer within 10 days of entry of the Board’s Order. Supervision of physician assistants and/or anesthesia assistants is prohibited when a physician is on probation.

(10) Suspension. In the event that a Respondent’s license expires during the period that the license is suspended, this action shall not relieve the Respondent of the responsibility to renew the license at the end of each licensure period. If the Respondent fails to renew the license at the end of any licensure period, all normal conditions and consequences imposed by statute or rule of the Board for failure to timely and properly renew a license shall apply. Renewal of a suspended license during the period of suspension shall not affect the suspension of the license and the suspension shall continue until all requirements for reinstatement have been met.

(11) Return of License. Any Order which suspends a license, revokes a license, or accepts a Respondent’s offer to voluntarily relinquish his/her license shall require the Respondent to return the license to the Department within 30 days from the date the Final Order is filed. This shall not apply to instances where the Board or a court has granted the Respondent a stay of the suspension.

(12) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 458.309(1), 458.331(5) FS. Law Implemented 458.331(5) FS. History–New 8-1-06, Amended 6-23-10, 7-3-17, 5-7-18, 3-15-23.