The proposed rule amendment is intended to update and clarify language with regard to the requirements of the terms of probation when a licensee is placed on probation.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Veterinary Medicine

RULE NO.:RULE TITLE:

61G18-30.005Terms of Probation

PURPOSE AND EFFECT: The proposed rule amendment is intended to update and clarify language with regard to the requirements of the terms of probation when a licensee is placed on probation.

SUMMARY: The proposed rule amendment updates and clarifies probation terms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

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. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 455.2273 FS.

LAW IMPLEMENTED: 455.2273 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: : Ruthanne Christie, Executive Director, Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, FL 32399-0751, N13, or by electronic mail - [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G18-30.005 Terms of Probation.

Any licensee determined to have violated the provisions of Chapter 474, F.S., may be ordered to serve probationary terms including any or all of the following:

(1) through (2) No change.

(3) The licensee’s probation may be subject to the following terms and conditions:

(a)  through (h) No change.

(i) Medical Records Probation: When the violation is related to the failure to keep adequate medical records the Board may impose probation as specified below to monitor and improve the respondent’s medical record keeping. 

1. The probationer shall complete an approved continuing education course on Medical Record Keeping of at least 4 hours within 30 days of the final order. Respondent must submit information on the course to be taken to the Board Office and it must be approved by the Board Chairman or his designee before the respondent takes the course.

2. As a condition of probation, Respondent shall submit themselves to two (2) unannounced collections of medical records by a Department investigator per year during Respondent’s probationary period.  During each collection, the Department investigator shall be permitted to select and copy, at the Respondent’s expense, the medical records of five (5) patients of the investigator’s choosing; said records shall be submitted to the Board office for review and approval by a board member assigned by the Board Chairman.  Respondent shall facilitate said inspections in whatever manner required by the Department. Records must include records that  were created on or after the date of the final order.

3. If the reviewer finds records to be not in compliance with rule 61G18-18.002, F.A.C. a copy of  the reviewers report will be provided to the Respondent and the Board and the respondent will be required to appear for an additional probation appearance at the next regularly schedule meeting of the Board.  Violations of rule 61G18-18.002, F.A.C. may result in disciplinary action.

4. Probationer shall appear before the Board at the first meeting after the probation commences, at the last meeting of the Board preceding termination of probation, and at such other times as requested by the Board.

5. In the event Probationer leaves the State of Florida for a period of thirty days or more, or otherwise does not engage in practice in Florida, Probationer’s probation shall be tolled and shall remain in a tolled status until Probationer returns to active practice in the State of Florida, at which time the probationary status shall resume. Probationer must keep current residence and business address on file with the Board. Probationer shall notify the Board within ten (10) days of any changes of said addresses.

(4) No change. 

Ruletmaking Specific Authority 455.2273 FS. Law Implemented 455.2273 FS. History–New 1-18-95, Amended 3-20-95,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Veterinary Medicine

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Veterinary Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 5, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 29, 2021