Fla. Admin. Code Ann. R. 64B17-7.0029 - Terms of Probation

Any licensee found by the Board to have violated the provisions of chapter 456, F.S., chapter 486, F.S., or the rules adopted thereunder, may be ordered to serve a period of probation by the Board. Unless otherwise approved by the Board or its designee, or addressed by a Final Order of the Board, the following terms are the terms applicable to all probationary terms imposed by the Board.

(1) The licensee shall be placed on probation for a period of time to be set by the Board. Any deviation from the requirements of the probation without prior written consent of the Board shall constitute a violation of this probation and the underlying final order and may result in additional disciplinary proceedings being brought against the licensee. The probationary period shall not begin until such time as a monitor is approved pursuant to subsection (6) below. The probationary period shall automatically terminate at the end of a 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.

(2) Probationer shall comply with all state statutes and rules pertaining to the practice of Physical Therapy in chapters 456, 486, F.S., and the rules of the Board.

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

(4) In the event Probationer leaves the State of Florida for a period of thirty (30) days or more, or otherwise does not 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.

(5) Probationer must keep current residence and business addresses on file with the Board. Probationer shall notify the Board within ten (10) days of any changes of said addresses.

(6) Probationer shall practice only under the supervision of a monitor who is a Physical Therapist licensed in this State under chapter 486, F.S., to be approved by the Board or its designee. Prior to requesting approval of the monitor by the Board or its designee, the Probationer shall provide to the proposed monitor a copy of the administrative complaint filed in the case and shall submit to the Board or its designee a current curriculum vitae and description of the current practice from the proposed monitor. Said materials shall be received in the Board office no later than 14 days before Probationer's first scheduled probation appearance. The Board confers authority to the Chair of the Board to temporarily approve Probationer's monitor. Probationer shall have the monitor with the Probationer at the Probationer's first probation appearance before the Board. A failure of the Probationer or the monitor to appear at the scheduled Board meeting shall constitute a violation of the Board's Final Order.

(7) Specific grounds for rejecting a proposed monitor by the Board or its designee shall include but are not limited to the following:

(a) The proposed monitor has previously been subject to disciplinary action against his/her physical therapist license in this or any other jurisdiction;

(b) The proposed monitor is currently under investigation, or is the subject of a pending disciplinary action;

(c) The proposed monitor is not actively engaged in the same or similar practice area;

(d) The proposed monitor is not practicing within a distance of no more than 20 miles from the Respondent's practice location; and/or

(e) The proposed monitor is a relative or employee of the Respondent, or otherwise has relationship with the Respondent that constitutes a conflict of interest or is otherwise unable to remain impartial.

(8) Once approved, the responsibilities of the monitor shall include:

(a) Appear with the Probationer at the first meeting after the probationary period commences, at the last meeting of the Board preceding termination of probation, and at such other times as requested by the Board.

(b) Submit quarterly reports, which shall include the following:

1. Brief statement of why Probationer is on probation;

2. Description of Probationer's practice;

3. Brief statement of Probationer compliance with terms of probation;

4. Brief statement of Probationer's relationship with monitor; and

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

(c) Review 25% percent of complete active patient records, and accompanying billing, on a quarterly basis.

(d) Consult with Probationer's immediate superior at work regarding Probationer's performance.

(e) Report to the Board any violations by the Probationer of chapters 456 and 486, F.S., and the rules promulgated pursuant thereto.

(f) Probationer shall be responsible for ensuring that the monitor submits the required reports.

(9) Probationer shall submit quarterly reports to the Board. The reports shall include:

(a) Brief statement of why Probationer is on probation;

(b) Practice location;

(c) Description of current practice stating type and composition;

(d) Brief statement of compliance with probationary terms;

(e) Description of relationship with the monitor; and

(f) Description of any problems with the monitor, probation, or their clinical practice.

Notes

Fla. Admin. Code Ann. R. 64B17-7.0029

Rulemaking Authority 456.072, 486.025, FS. Law Implemented 456.072, 486.125 FS.

Adopted by Florida Register Volume 50, Number 025, February 6, 2024 effective 2/18/2024.

New 2-18-24.