64B15-9.006. Probable Cause Determination

(1) The probable cause panel shall be composed of at least two (2) members and not more than three (3) members. Not more than one (1) of the panel members shall be a lay member. Two members of the panel may be either a former professional or consumer board member. Any former professional Board member serving shall hold an active license in good standing to practice osteopathic medicine. In any event, the panel must always contain a present board member.

(2) The probable cause panel shall include one (1) licensed physician assistant whenever disciplinary action against a physician assistant is considered. The physician assistant member of the panel shall be appointed by the Council on Physician Assistants and shall consider disciplinary action against physician assistants only.

(3) The probable cause panel members shall be selected by the Chair, except for the physician assistant enumerated in subsection (2) of this rule, one (1) of whom shall be selected by the Chair of the Board as the presiding officer of the panel.

(4) The determination as to whether probable cause exists that a violation of the provisions of Chapters 456 and 459, Florida Statutes, and/or the rules promulgated pursuant thereto, has occurred shall be made by a majority vote of the probable cause panel of the Board.

Specific Authority 120.53, 459.005 FS. Law Implemented 456.073(4), 459.015(10) FS. History–New 10-23-79, Formerly 21R-9.06, Amended 1-3-93, Formerly 21R-9.006, 61F9-9.006, Amended 10-15-95, Formerly 59W-9.006, Amended 11-27-97, 11-14-06.