The purpose of the amendment is to delete language not supported by statutory authority in paragraph (1)(b), clarify and limit the authority of the probation committee, and update the name of the consultant approved by the Department for the ...

DEPARTMENT OF HEALTH
Board of Optometry

Rule No. : RULE TITLE :
64B13-7.005: Terms of Probation
PURPOSE AND EFFECT: The purpose of the amendment is to delete language not supported by statutory authority in paragraph (1)(b), clarify and limit the authority of the probation committee, and update the name of the consultant approved by the Department for the impaired practitioners program.
SUMMARY: The rule amendment will delete language not supported by statutory authority in subparagraph (1)(b)m., clarify and limit the authority of the probation committee, and update the name of the consultant approved by the Department for the impaired practitioners program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. An SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 463.005 FS.
LAW IMPLEMENTED: 463.0072(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bruce Deterding, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257

THE FULL TEXT OF THE PROPOSED RULE IS:

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) No change.

(b) Any deviation from the requirements of the probation without prior written consent of the Board shall constitute a violation of this probation. Upon recommendation of the Probation Committee or the Probable Cause Committee that a violation of this probation has occurred, the Board may suspend or take other lesser action against the Respondent’s license. The Respondent will be given notice of the possible action and an opportunity to show why the Board should not take action against the respondent’s license.

(c) No change.

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

(e) No change.

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

1. through 6. No change.

7. Notarized copies of a number specified by the Board or Probation Committee 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 or the Probation Committee.

(g) through (h) No change.

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

(a) through (c) No change.

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

(e) No change.

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

(g) through (k) No change.

Rulemaking Specific Authority 463.005 FS. Law Implemented 456.072(2) 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_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Optometry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 22, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 5, 2010