Effective date: 10/28/1991

    (1) Upon notification that any of the following events have occurred, the Board’s Executive Director shall request an emergency Probable Cause Panel meeting. The panel shall determine whether the Secretary of the Department should be requested to institute an emergency suspension of the licensee infected with the Hepatitis B virus pursuant to Florida Statutes § 120.60(8)

Terms Used In Florida Regulations 64B5-25.006

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
    (a) A monitor’s report that the infected licensee has failed to report any break in barrier technique or that the infected licensee has failed to follow appropriate sterilization, disinfection and barrier techniques in a manner which adequately protects the public.
    (b) Failure of the infected licensee to have successfully completed the Board approved educational program as required by Rule 64B5-25.004, F.A.C.
    (c) A confirmed report that the infected licensee has failed to report a break in barrier technique as required by Rule 64B5-25.004, F.A.C.
    (d) A confirmed report that a licensee is infected with the Hepatitis B virus and has failed to report his or her status to the Board as required by Rule 64B5-25.004, F.A.C.
    (2) The Executive Director may consult with any monitor for technical assistance and may request confirmation of a report from the Office of Investigative Services prior to requesting an emergency Probable Cause Panel Meeting or initiation of a complaint.
    (3) The Executive Director shall initiate a complaint or confirm that a complaint has already been initiated when a report of a break in barrier technique or a report of violation of Rule Chapter 64B5-25, F.A.C., is received. The Board does not intend this provision to discourage timely and accurate reporting or to imply that disciplinary action against a licensee will routinely be initiated by the Department. It is the Board’s intent to protect the public and the licensee by assuring that an adequate investigation is made of any reported violation so that an informed decision can be reached regarding the safety of the licensee’s continued practice.
Rulemaking Authority 455.601, 466.004(4) FS. Law Implemented 455.601, 466.028(1)(t), (v), (y) FS. History—New 7-12-88, Amended 10-28-91, Formerly 21G-25.006, 61F5-25.006, 59Q-25.006.