Unless otherwise approved by the Board or its designee, or addressed by the Final Order, the following are the terms applicable to all Final Orders rendered by the Board in disciplinary proceedings.
    (1) Payment of Fines and Costs. All fines and costs shall be paid by check or money order made payable to the Board and sent to DOH/Compliance Management Unit, Bin #C76, P.O. Box 6320, Tallahassee, Florida 32314-6320, within thirty (30) days of the filing of the Order unless another date is negotiated between the Department and the Respondent, and approved by the Board.
    (2) Addresses. Respondent must keep current residence and practice addresses on file with the Board. Respondent shall notify the Compliance Office, in writing, within ten (10) days of any changes of those addresses. Furthermore, if the Respondent’s license is on probation, the Respondent shall notify the Compliance Office within ten (10) days in the event that Respondent leaves the active practice of chiropractic medicine in Florida.
    (3) Compliance Address. All reports, correspondence and inquiries shall be sent to: DOH, Compliance Management Unit, Bin #C76, 4052 Bald Cypress Way, Tallahassee, Florida 32399-3251, Attn: Chiropractic Medicine Compliance Officer.
    (4) Continuing Education.
    (a) Continuing education imposed by Board Order shall be in addition to those hours required for biennial renewal of licensure. The Board confers authority on the Compliance Committee Chair (“”Chair””) to approve or disapprove continuing education courses. The Respondent is required to submit a course syllabus for all continuing education courses Respondent seeks to have approved. The courses shall be live in-person format; online/virtual live courses will not be approved.
    (b) The time frame for completing such continuing education is twelve (12) months from the date the Order is filed;
    (5) PRN Conditions. Should the Board determine that a contract by the Professionals Resource Network (PRN) is appropriate, Respondent shall participate and comply with the PRN contract.
    (a) Respondent shall enter into a with PRN, shall comply with all its terms, and shall be responsible for assuring that the medical director of PRN sends the Compliance Office a copy of said contract.
    (b) Respondent shall execute a release that authorizes PRN to release information and medical records (including psychiatric records and records relating to treatment for drug dependence and alcoholism) to the Board of Chiropractic Medicine as needed to monitor the progress of Respondent in the PRN program.
    (c) Respondent shall authorize the director of PRN to report to the Board of Chiropractic Medicine any problems that may occur with Respondent and any violations of Chapter 456 or 460, F.S. Such a report shall be made within thirty (30) days of the occurrence of any problems, or violations of Chapter 456 or 459, F.S.
    (6) Restriction of the authorized scope of practice or license. Whether or not the action also involves placing Respondent on probation or monitoring, or imposing any penalty, the Board may impose restrictions on Respondent’s practice that include, but are not limited to the following:
    (a) Requiring remedial education as a requirement of continued practice,
    (b) Restricting the licensee from practicing in certain settings,
    (c) Restricting the licensee to work in only certain settings or under designated conditions,
    (d) Restrictions on Treating Female, Minor, and Vulnerable Person Patients. Should the Board determine there should be a restriction on treating female, minor, or vulnerable person patients, Respondent shall not examine or treat female, minor, or vulnerable person patients without a chaperone who is a health care practitioner licensed by the Florida Department of Health present in the room in any examination or treatment setting. The Respondent is required to maintain a log of each such patient contact, and the name of the chaperone present. The log shall be immediately available to a Department of Health inspector, monitor, Board Compliance Officer or the Board Chair upon request.
    (e) Restricting the licensee from performing or providing designated clinical and administrative services,
    (f) Restricting the licensee from practicing above a designated number of hours,
    (g) Any other restriction found to be necessary for the protection of the public health, safety, and welfare and is reasonably related to the specific violation for which discipline is being imposed.
    (7) Continuity of Practice.
    (a) Tolling Provisions. In the event the Respondent leaves the State of Florida for a period of sixty (60) days or more or otherwise does not or may not engage in the active practice of chiropractic medicine in the State of Florida due to location out of the state, license suspension, incarceration or inability to safely practice due to PRN restrictions, then certain provisions of the requirements in the Board’s Order shall be tolled and shall remain in a tolled status until Respondent returns to the active practice of chiropractic medicine in the State of Florida. Respondent shall notify the Compliance Officer ten (10) days prior to his or her return to practice in the State of Florida. The following requirements shall be tolled until the Respondent returns to active practice:
    1. The time period of probation shall be tolled.
    2. The provisions regarding supervision, whether direct or indirect, by the monitor/supervisor and required reports from the monitor/supervisor shall be tolled.
    3. The requirement for quality assurance review of Respondent’s practice shall be tolled.
    (b) Active Practice. In the event that Respondent leaves the active practice of chiropractic medicine for a period of one year or more, the Respondent may be required to appear before the Board and demonstrate the ability to practice chiropractic medicine with reasonable skill and safety to patients prior to resuming the practice of chiropractic medicine in the State of Florida, which may include but not be limited to passage of the National Board of Chiropractic Examiners SPEC Examination, EBAS Examination, or additional CE coursework.
    (8) Definitions of Probation / Supervision / Monitoring Terms.
    (a) Probation is any ongoing requirement relating to Respondent’s practice, including but not limited to, direct or indirect supervision, records review, remedial education, PRN compliance, or reporting.
    (b) Monitoring is indirect supervision by a monitoring physician (monitor), as set forth in the Board’s Order. Monitoring does not require that the monitor practice on the same premises as the Respondent. However, the monitor shall practice within a reasonable geographic proximity to Respondent, which shall be within fifty (50) miles and shall be readily available for consultation.
    (c) Supervision is direct supervision by a supervising physician (supervisor), as set forth in the Order. Direct supervision requires that the supervisor and Respondent work in the same office.
    (d) Immediate Supervision is supervision by a supervising physician (supervisor), as set forth in the Board’s order. Immediate Supervision requires that the supervisor be physically located in the same room when supervising the Respondent.
    (e) Records Review is indirect supervision of the patient charts/logs/records of Respondent and Respondent’s practice by the monitor or Board’s compliance officer. The Board shall set forth the percentage of the records and type of records to be reviewed. The patient records shall be selected by the monitoring physician on a random basis at least once every month. In order to comply with this responsibility of random review, the monitoring physician shall go to Respondent’s office once every month unless a different time frame is set forth in the Board’s Order. At that time, the monitoring physician shall be responsible for making the random selection of the records to be reviewed by the monitoring physician.
    (9) Probation.
    (a) Probation Term. Unless otherwise specified within each individual offense guideline, or unless a lesser period of time is stated in the order imposing probation, the period of probation will be for a period of five (5) years,
    (b) Probation Conditions. Probation conditions may include, but not be limited to, the following; and may be imposed regardless of whether the term “”conditions”” is referenced in an individual offense guideline:
    1. Requiring the licensee to attend additional continuing education courses or remedial education;
    2. Requiring the licensee to pass an examination on the content and requirements of Chapters 456 and 460, F.S., and Division 64B2, F.A.C.;
    3. Requiring the licensee to work under the supervision of another licensee, including the submission of documents and reports from the supervisor and licensee;
    4. Tolling of the running of the probationary period when the licensee ceases to practice in Florida, or fails to maintain compliance with the probation requirements;
    5. Compliance with all terms of the order that imposes probation;
    6. Evaluation by PRN and entering or maintaining compliance with a recommended impaired practitioners program contract;
    7. Submitting to a continuing education audit for the next two consecutive biennial licensure renewal periods beginning with the date of the order imposing probation;
    8. Corrective action related to the violation, including but not limited to the repayment of any fees billed and collected from a patient or third party on behalf of the patient.
    9. Passage of the SPEC or EBAS Examinations conducted by the National Board of Chiropractic Examiners.
    (10) Requirements for Monitors/Supervisors.
    (a) If the terms of the Order include indirect supervision/monitoring of the licensee’s practice (monitoring) or direct monitoring of the licensee’s practice (supervision), the Respondent shall not practice chiropractic medicine without an approved monitor/supervisor, as specified by the Final Order.
    (b) The monitor/supervisor must be licensed under Florida Statutes Chapter 460, in good standing, in active status for a minimum of five (5) years, without restriction or limitation on his or 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/supervisor. Specific grounds for rejecting a proposed monitor/supervisor by the Board or its designee shall include but are not limited to the following:
    1. The proposed monitor/supervisor has previously been subject to disciplinary action against his/her license in this or any other jurisdiction,
    2. The proposed monitor/supervisor is currently under investigation, or is the subject of a pending disciplinary action,
    3. The proposed monitor/supervisor is not actively engaged in the practice of chiropractic medicine or the management of a chiropractic or related clinic/office,
    4. The proposed monitor/supervisor is not practicing within a distance of no more than fifty (50) one hundred (100) miles from the Respondent’s practice location,
    5. The proposed monitor/supervisor is a relative or employee of the Respondent.
    (c) Temporary Approval. The Board confers authority on the Chair to temporarily approve Respondent’s monitor/supervisor. To obtain this temporary approval, Respondent shall submit to the Compliance Officer the name and curriculum vitae of the proposed monitor/supervisor, and letter from the proposed monitor/supervisor stating that he or she is willing to serve as a monitor/supervisor, that he or she has received a copy of the Administrative Complaint and Final Order, that he or she is aware of his or her duties and responsibilities as a monitor/supervisor, that he or she discloses any conflicts of interests, specifies distance to the Respondent’s practice location, and that he or she agrees to appear before the Board for formal approval at the next meeting of the Board. This information shall be furnished to the Chair by way of the Compliance Officer. Should Respondent’s monitoring/supervising physician be temporarily approved, said approval shall only remain in effect until the next meeting of the Board. Absent said approval, Respondent shall not practice chiropractic medicine until a monitoring/supervising physician is approved.
    (d) Formal Approval. Unless waived by the Board, Respondent shall have the monitor/supervisor with him or her at the first probation appearance before the Board. Prior to consideration of the monitor/supervisor by the Board, the Respondent shall provide the monitor/supervisor a copy of the Administrative Complaint and the Board’s Order in this case. Respondent shall submit a current curriculum vitae, a description of current practice, and a letter agreeing to serve from the proposed monitor/supervisor to the Compliance Officer no later than twenty-one (21) days before the Respondent’s first scheduled probation appearance. Respondent’s monitor/supervisor shall also appear before the Board at such times as directed by the Board. It shall be the Respondent’s responsibility to ensure the appearance of his or her monitor/supervisor as directed. 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.
    (e) Change in Monitor/Supervisor. 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 Office of this fact within twenty-four (24) hours of becoming aware of the situation. Respondent shall submit to the Compliance Office the name of a temporary monitor/supervisor for consideration. Respondent shall not practice pending approval of this temporary monitor/supervisor by the Chair. Furthermore, Respondent shall make arrangements with his or her temporary monitor/supervisor to appear before the Board at its next regularly scheduled meeting for consideration of the monitor/supervisor. Respondent shall only practice under the supervision of the temporary monitor/supervisor (approved by the Chair) until the next regularly scheduled meeting of the Board where at the issue of the Respondent’s new monitor/supervisor shall be addressed.
    (f) Appearances. The Respondent shall appear before the Board at the first Board meeting after probation commences, at the last meeting of the Board preceding scheduled termination of probation, and at such other times as requested by the Board, Board Chair, or Compliance Chair.
    (g) Reports. If directed by Board Order, probation reports, in affidavit form, shall be submitted by the Respondent and shall contain the following:
    1. Brief statement of why Respondent is on probation.
    2. Practice location.
    3. Describe current practice (type and composition).
    4. Brief statement of compliance with probationary terms.
    5. Describe relationship with monitoring/supervising physician.
    6. Advise Compliance Officer of any problems including office incident reports filed; loss or restriction of hospital/clinic staff privileges; or any Medicare/Medicaid program exclusions, restrictions or limitations.
    (h) Monitor/Supervisor Reports. If directed by Board Order, monitor/supervisor reports, in affidavit form, shall include the following:
    1. Brief statement of why Respondent is on probation.
    2. Description of probationer’s practice.
    3. Brief statement of probationer’s compliance with terms of probation.
    4. Brief description of probationer’s relationship with monitoring physician.
    5. Detail any problems which may have arisen with probationer.
    (i) Monitor/Supervisor Records Review. Should the Board determine that the Respondent’s records need to be reviewed, the Board shall set forth the percentage of the records and type of records to be reviewed by the monitoring/supervising physician. The patient records shall be selected by the supervising physician on a random basis at least once every month. A separate report shall be completed for each record reviewed.
    (j) Investigative Reports. Respondent understands that during the period of probation, at a minimum, semi-annual investigative reports will be compiled with the Department of Health concerning compliance with the terms and conditions of probation and the rules and statutes regulating the practice of chiropractic medicine.
    (k) For purposes of determining the dates when reports are due, the date the Final Order is filed shall constitute the beginning of the quarter.
    1. All quarterly reports shall be provided to the Board office no later than three (3) months from the filing date of the Final Order.
    2. All semiannual reports shall be provided to the Board office no later than six (6) months from the filing date of the Final Order.
    3. All annual reports shall be provided to the Board office no later than twelve (12) months from the filing date of the Final Order.
    (10) Appearances Required. Respondent shall appear before the Board at the first meeting after said probation commences and at the last meeting of the Board preceding termination of probation. Respondent shall be noticed by Board staff of the date, time and place of the Board’s meeting 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, including but not limited to extension of the term of probation, monitoring, or supervision.
    (11) Costs of Compliance. Respondent shall pay all costs necessary to comply with the terms of the Board’s Order. Such costs include, but are not limited to, the costs of preparation of the investigative reports detailing compliance with the terms of the Order, the cost of analysis of any blood or urine specimens submitted pursuant to the Order, and administrative costs directly associated with Respondent’s probation. See Florida Statutes § 460.413(2)
    (12) License Expiration. In the event that a Respondent’s license expires during the period that the license is suspended, this action shall not relieve the Respondent of the responsibility to renew the license at the end of each licensure period. If the Respondent fails to renew the license at the end of any licensure period, all normal conditions and consequences imposed by statute or rule of the Board for failure to timely and properly renew a license shall apply. Renewal of a suspended license during the period of suspension shall not affect the suspension of the license and the suspension shall continue until all requirements for reinstatement have been met.
    (13) Return of License. Any Order which suspends a license, revokes a license, or accepts a Respondent’s offer to voluntarily relinquish his or her license shall require the Respondent to return the license to the Department within thirty (30) days from the date the Final Order is filed. This shall not apply to instances where the Board or a court has granted the Respondent a stay of the suspension.
Rulemaking Authority 460.405, 456.072(2), 456.079(1), 460.413(4) FS Law Implemented 456.072(2), 456.079(1), 460.413(2), (4) FS. History-New 11-16-21.