RULE NO: RULE TITLE
64B8-8.0011: Standard Terms Applicable to Orders
64B8-8.0012: Probation Variables
The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The Rules Committee at its meeting held on April 6, 2006, directed Board counsel to make change to the rules to address the written comments, and the Board, at its meeting held on April 8, 2006, voted to accept the recommendation of the Rules Committee. The changes are as follows:
1. In Rule 64B8-8.0011, the proposed subsection (1) entitled “COMPLIANCE WITH STATE AND FEDERAL LAWS AND RULES,” will be deleted from the rule. The remaining subsections will be renumbered accordingly.
2. In Rule 64B8-8.0011, in proposed subsection (2) entitled “PAYMENT OF FINES AND COSTS,” the last sentence shall be deleted.
3. In Rule 64B8-8.0011, in proposed subsection (7)(a)1., the phrase “whose responsibilities are set by the Board,” shall be deleted.
4. In Rule 64B8-8.0011, in proposed subsection (7)(a)2., the phrase “whose responsibilities are set by the Board,” shall be deleted.
5. In Rule 64B8-8.0011, subsection (7)(b) 2., shall be reworded to read as follows: “2. The monitor/supervisor must be licensed under Chapter 458, Florida Statutes, in good standing, in active status, without restriction or limitation on his/her license, must be qualified by training and experience, and must not have any conflicts of interest that would prohibit him or her from impartially performing his or her duties as a monitor. Specific grounds for rejecting a proposed monitor/supervisor by the Board or its designee shall include but are not limited to the following:
a. The proposed monitor/supervisor has previously been subject to disciplinary action against his/her medical license in this or any other jurisdiction;
b. The proposed monitor/supervisor is currently under investigation, or is the subject of a pending disciplinary action;
c. The proposed monitor/supervisor is not actively engaged in the same or similar specialty area;
d. The proposed monitor/supervisor is not practicing within a distance of no more than 20 miles from the Respondent’s practice location;
e. The proposed monitor/supervisor is a relative or employee of the Respondent.”
6. In Rule 64B8-8.0011, in the proposed subsection (7)(d), the last sentence shall be reworded to read: “Failure of the monitor/supervisor to appear as directed shall constitute a violation of the terms of the Board’s Order and shall render the Respondent subject to additional disciplinary action.”
7. In Rule 64B8-8.0011, in the proposed subsection (7)(e), the first sentence shall be reworded to read: “In the event that Respondent’s monitor/supervisor is unable or unwilling to fulfill his/her responsibilities as a monitor/supervisor as described above, the Respondent shall advise the Compliance Officer of this fact within 24 hours of becoming aware of the situation.” In addition, the word “immediately”, shall be deleted from the second sentence.
8. In Rule 64B8-8.0012, subsection (1) shall be reworded to read as follows: “(1) APPEARANCES REQUIRED. Respondent shall appear before the Probationer’s Committee at the first meeting after said probation commences, at the last meeting of the Probationer’s Committee preceding termination of probation and either quarterly, semiannually, or annually as set forth in the final order. Respondent shall be noticed by Board staff of the date, time and place of the Board’s Probationer’s Committee whereat Respondent’s appearance is required. Failure of the Respondent to appear as requested or directed shall be considered a violation of the terms of probation, and shall subject the Respondent to disciplinary action.”
9. The Specific Authority in Rule 64B8-8.0011 shall be changed to 458.309(1), and 458.331(5), F.S.
10. The Law Implemented in Rule 64B8-8.0011 shall be changed to 458.331(5), F.S.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Jr., Executive Director, Board of Medicine,