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) Probationer’s license may be suspended for a period of time set by the Board, the suspension may be stayed so long as the licensee complies with the terms of probation established.

(2) The licensee may be placed on probation for a period of time set by the Board. Any deviation from the requirements of the probation without prior written consent of the Board shall constitute a violation of probation. The probationary period shall automatically terminate at the end of the prescribed time, but only if all terms and conditions have been met. Otherwise, the probation shall be terminated only by order of the Board upon proper petition of the licensee, supported by evidence of compliance with the Final Order.

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

(a) Probationer shall comply with all state statutes and rules pertaining to the practice of Veterinary Medicine chapters 455 and 474, F.S., and rule chapter 61G18, F.A.C.

(b) 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.

(c) 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.

(d) Probationer shall practice only under the supervision of a veterinarian fully licensed under chapter 474, F.S., to be approved by the Board or its designee. Probationer shall have the supervising veterinarian with the Probationer at the Probationer’s first probation appearance before the Board. Prior to approval of the supervising veterinarian by the Board or its designee, the Probationer shall provide to the supervising veterinarian a copy of the administrative complaint filed in this case. A failure of the Probationer or the supervising veterinarian to appear at the scheduled Board meeting shall constitute a violation of the Board’s Final Order. Prior to the approval of the supervising veterinarian by the Board or its designee, Probationer shall submit to the Board or its designee a current curriculum vitae and description of the current practice from the proposed supervising veterinarian. Said materials shall be received in the Board office no later than fourteen (14) days before Probationer’s first scheduled probation appearance. Probationer shall be responsible for ensuring that the supervising veterinarian submits the required reports. The responsibilities of the supervising veterinarian shall include:

1. Submit quarterly reports in affidavit form which shall include:

a. Brief statement of why Probationer is on probation.

b. Description of Probationer’s practice.

c. Brief statement of Probationer’s compliance with terms of probation.

d. Brief statement of Probationer’s relationship with supervising veterinarian.

e. Detail any problems which may have arisen with Probationer.

2. Review a percentage of Probationer’s patient records selected on a random basis at least once every two (2) weeks.

3. Review all patient records treated for/with certain conditions.

4. Consult with Probationer on all cases involving specified conditions.

5. Review Probationer’s use of pharmaceutical agents.

6. Report to the Board any violations by the Probationer of chapters 455, 893, and 474, F.S., and the rules promulgated pursuant thereto.

(e) Probationer shall submit quarterly reports in affidavit form to the Board. The reports shall include:

1. Brief statement of why Probationer is on probation.

2. Practice location.

3. Description of current practice stating type and composition.

4. Brief statement of compliance with probationary terms.

5. Description of relationship with the supervising veterinarian.

6. Description of any problems.

7. Certified copies of a number of patient records of patients examined or treated by the Probationer within the previous sixty (60) days with all identification of patient suitably obliterated.

(f) Probationer shall obtain a number of Continuing Education credits in specific areas, within a number of months/year(s), in addition to those hours required for renewal of licensure.

(g) Probationer shall see a psychiatrist, psychologist or psychotherapist approved by the Board or its designee at least the specified number of visits for evaluations and treatment.

(h) Probationer shall comply with the requirements of the PRN program and shall provide releases to medical records sufficient to satisfy state and federal laws.

(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) Probationer shall pay an administrative fine or costs in the amount set by the Board, said fine to be paid or costs to the Board within a certain number of days of the effective date of the Final Order.

Rulemaking Authority 455.227 FS. Law Implemented 455.227, 455.2273 FS. History–New 1-18-95, Amended 3-20-95, 7-15-21.