Common use of CONDITIONS OF PROBATION Clause in Contracts

CONDITIONS OF PROBATION. During the probationary period, which shall be effective on the date the Board accepts this Agreement, the Respondent shall comply with each of the following requirements: A. The Respondent agrees to undergo monitoring by the Board for at least five years following the adoption of this Agreement, and for such further period thereafter as the Board shall for reasonable cause order. At the Board’s discretion, any periods during which the Respondent is not practicing medicine, during the probationary period, may extend the probationary period. B. The Respondent has entered into a Behavioral Health Monitoring Contract, effective May 2, 2012, and in a form acceptable to the Board, with Physician Health Services (“PHS”) of the Massachusetts Medical Society. The Respondent agrees to abide fully by all terms of this contract. This contract includes a provision that PHS will promptly inform the Board of any lapse or violation of its terms by the Respondent, and the contract provides for any necessary waivers of privilege or confidentiality by the Respondent. PHS shall submit quarterly reports to the Board which detail the Respondent’s compliance with the contract. As part of the Respondent’s PHS contract, he must work with an individual therapist and professional coach, and participate in group therapy. The Respondent must also sign releases to allow the professional coach, the individual therapist and the group therapist to communicate with one another on a regular basis, and must also provide a copy of the Professional Renewal Center (hereinafter “PRC”) evaluation to each of the aforementioned individuals. The Respondent has selected ▇▇▇▇▇▇▇ ▇▇▇▇▇, Ph.D as his professional coach. C. The Respondent must participate in an updated PRC assessment four (4) months from the date of entry into his PHS contract, and then again six (6) months later. The Respondent must also follow any and all recommendations made by PRC in either of those updated assessments. D. In the event that the Respondent seeks licensure to practice medicine in another state, the Respondent shall notify the Board of such fact and shall disclose to the licensing authority in such state his status with this Board. The Respondent shall submit to the Board copies of all correspondence and application materials submitted to another states' licensing authority. E. In the event the Respondent should leave Massachusetts to reside or practice out of the state, the Respondent shall promptly notify the Board in writing of the new location as well as the dates of departure and return. Periods of residency or practice outside Massachusetts will not apply to the reduction of any period of the Respondent's probationary licensure, unless the Respondent enters into a monitoring agreement, approved by the Board, in the new location. F. The Respondent shall appear before the Board or a committee of its members at such times as the Board may request, upon reasonable advance notice, commensurate with the gravity or urgency of the need for such meeting as determined by the Board or such committee. G. The Respondent shall notify and provide, within ten (10) days of acceptance of this Probation Agreement by the Board, a complete copy of this Agreement with all exhibits and attachments by certified mail, return receipt requested, or by hand delivery to the following designated entities: any in- or out-of-state hospital, nursing home, clinic, other licensed facility, or municipal, state, or federal facility at which he practices medicine; any in- or out-of-state health maintenance organization with whom he has privileges or any other kind of association; any state agency, in- or out-of-state, with which he has a provider contract; and any in- or out-of-state medical employer, whether or not he practices medicine there; the Drug Enforcement Agency, Boston Diversion Group; the Massachusetts Department of Public Health’s Drug Control Program; and the state licensing boards of all states in which he has any kind of license to practice medicine. The Respondent shall also provide this notification to any such designated entities with which he becomes associated for the duration of this Probation Agreement. The Respondent is further directed to certify to the Board within ten (10) days that he has complied with this directive. The Board expressly reserves the authority to independently notify, at any time, any of the entities designated above, or any other affected entity, of any action it has taken. H. The Respondent shall be under the care of a licensed or certified health care professional who shall submit written reports, including reports on all missed sessions, to the Board or its designee as often as the Board deems necessary but in any event at least once every three months. Copies of these attendance reports shall be part of the quarterly report that PHS submits to the Board. The health care professional shall immediately notify the Board by telephone whenever, in her professional judgment, the Respondent poses a potential danger to the health, safety and welfare of the Respondent’s patients. In addition, the health care professional shall immediately notify the Board by telephone and in writing in the event that the Respondent terminates treatment, or is non-compliant with the treatment plan. In the event that the health care professional notifies the Board that the Respondent poses a danger to the health, safety or welfare of the Respondent’s patients, or terminates treatment, the Board may obtain any and all information, reports and records for a period not to exceed ▇▇▇▇▇▇ (90) days prior to the date of said notification from the health care provider concerning the Respondent. The Respondent hereby waives any privileges

CONDITIONS OF PROBATION. During the probationary period, which shall be effective on the date the Board accepts this Agreement, the Respondent shall comply with each of the following requirements: A. The Respondent agrees to undergo monitoring On or by the Board for at least five years following the adoption of this AgreementDecember 1, and for such further period thereafter as the Board shall for reasonable cause order. At the Board’s discretion2017, any periods during which the Respondent is not practicing medicineshall successfully implement all recommended changes to his practice, during which were made as part of the probationary period, may extend practice audit referenced in the probationary periodConsent Order in this matter. B. The Respondent has entered into a Behavioral Health Monitoring Contract, effective May 2, 2012, and in a form acceptable shall identify an evaluator to the Board, with Physician Health Services (“PHS”) of the Massachusetts Medical Society. The Respondent agrees to abide fully by all terms of this contract. This contract includes a provision that PHS will promptly inform the Board of any lapse or violation of its terms by the Respondent, and the contract provides for any necessary waivers of privilege or confidentiality by the Respondent. PHS shall submit quarterly reports to the Board which detail the Respondent’s compliance with the contract. As part of the Respondent’s PHS contract, he must work with an individual therapist and professional coach, and participate in group therapy. The Respondent must also sign releases to allow the professional coach, the individual therapist and the group therapist to communicate with one another on a regular basis, and must also provide a copy of the Professional Renewal Center (hereinafter “PRC”) evaluation to each of the aforementioned individuals. The Respondent has selected ▇▇▇▇▇▇▇ ▇▇▇▇▇, Ph.D as his professional coach. C. The Respondent must participate in an updated PRC assessment four (4) months from the date of entry into his PHS contract, and then again six (6) months later. The Respondent must also follow any and all recommendations made by PRC in either of those updated assessments. D. In the event that the Respondent seeks licensure to practice medicine in another state, the Respondent shall notify the Board of such fact and shall disclose to the licensing authority in such state his status with this Board. The Respondent shall submit to the Board copies of all correspondence and application materials submitted to another states' licensing authority. E. In the event the Respondent should leave Massachusetts to reside or practice out of the state, the Respondent shall promptly notify the Board in writing of the new location as well as the dates of departure and return. Periods of residency or practice outside Massachusetts will not apply to the reduction of any period of the Respondent's probationary licensure, unless the Respondent enters into a monitoring agreement, be approved by the Board, in advance, who will conduct a functional capacity evaluation focused on issues of coordination and fine motor dexterity. Within one week of the new locationBoard’s approval of said evaluator, the Respondent must schedule the functional capacity evaluation. C. The Respondent shall have the entity which conducted the aforementioned audit (“audit entity”) return to his office in April 2018 to review fifty (50) charts, randomly selected by the board-approved evaluator to determine whether the Respondent has made the corrections for the service dates during the period of December 1, 2017 to April 1, 2018. Five (5) of the 50 charts must be charts of visits performed by physician extenders. The Respondent must arrange with the audit entity to submit the updated audit to the Board. D. The Respondent agrees to accept any changes to this Agreement based on any supplemental reports issued by the audit entity. ▇. The Respondent agrees that in ten (10) months following the adoption of this Agreement and the Consent Order in this matter the audit entity will return to his office and review fifteen (15) charts, randomly selected by the board-approved evaluator, five of which will be charts showing visits performed by physician extenders, to determine whether the Respondent has successfully made changes suggested in the original audit report. F. The Respondent and the Board agree that “successfully made changes” means that at least eighty (80) percent of his charts are deemed a “1” in the audit entity’s scoring scale and twenty (20) percent or fewer of the charts are deemed a “2” in the audit entity’s scoring scale. Moreover, the Respondent and the Board agree that the Respondent will not have successfully made the changes suggested in the original audit report if any patient charts are deemed to be higher than a “2” in the audit entity’s scoring scale. G. The Respondent shall bear all costs associated with complying with this Agreement. I. The Respondent shall appear before the Board Board, or a committee of its members members, at such times as the Board may requestrequests, upon reasonable advance notice, commensurate with the gravity or urgency of the need for such meeting as determined by the Board or such its committee. G. J. The Respondent shall notify and provide, within ten (10) days of acceptance of this Probation Agreement by the Board, a complete copy of this Agreement with all exhibits and attachments by certified mail, return receipt requested, or by hand delivery to the following designated entities: any in- or out-of-state hospital, nursing home, clinic, other licensed facility, or municipal, state, or federal facility at which he practices medicine; any in- or out-of-state health maintenance organization with whom he has privileges or any other kind of association; any state agency, in- or out-of-state, with which he has a provider contract; and any in- or out-of-state medical employer, whether or not he practices medicine there; the Drug Enforcement Agency, Boston Diversion Group; the Massachusetts Department Bureau of Public Health’s Drug Control ProgramHealth Care Safety and Quality; and the state licensing boards of all states in which he has any kind of license to practice medicine. The Respondent shall also provide this notification to any such designated entities with which he becomes associated for the duration of this Probation Agreement. The Respondent is further directed to certify to the Board within ten (10) days that he has complied with this directive. The Board expressly reserves the authority to independently notify, at any time, any of the entities designated above, or any other affected entity, of any action it has taken. H. The Respondent shall be under the care of a licensed or certified health care professional who shall submit written reports, including reports on all missed sessions, to the Board or its designee as often as the Board deems necessary but in any event at least once every three months. Copies of these attendance reports shall be part of the quarterly report that PHS submits to the Board. The health care professional shall immediately notify the Board by telephone whenever, in her professional judgment, the Respondent poses a potential danger to the health, safety and welfare of the Respondent’s patients. In addition, the health care professional shall immediately notify the Board by telephone and in writing in the event that the Respondent terminates treatment, or is non-compliant with the treatment plan. In the event that the health care professional notifies the Board that the Respondent poses a danger to the health, safety or welfare of the Respondent’s patients, or terminates treatment, the Board may obtain any and all information, reports and records for a period not to exceed ▇▇▇▇▇▇ (90) days prior to the date of said notification from the health care provider concerning the Respondent. The Respondent hereby waives any privileges

CONDITIONS OF PROBATION. During the probationary period, which shall be effective on the date the Board accepts this Agreement, the Respondent shall comply with each of the following requirements: A. The Respondent agrees to undergo monitoring by the Board for at least five years following from the adoption date of the Board’s acceptance of this Agreement, Agreement and for such further period thereafter as the Board shall for reasonable cause order. At the Board’s discretion, any periods during which the Respondent is not practicing medicine, during the probationary period, may extend the probationary period. B. The Respondent has entered into shall undergo annual assessments for fitness to practice medicine by a Behavioral Health Monitoring ContractBoard-approved psychiatrist. The results of the assessments shall be filed with the Board annually. The Respondent hereby waives any privileges concerning such information, effective May 2reports, 2012, records and in a form acceptable disclosures to the Board. The Board-approved psychiatrist shall confirm in writing, with Physician Health Services within ten (“PHS”10) days of the Massachusetts Medical Society. The Respondent agrees Board’s accepting this agreement, his or her agreement and undertaking with respect to abide fully by all terms of the obligations set forth in this contract. This contract includes a provision that PHS will promptly inform Agreement, and shall notify the Board of if the Respondent withdraws any lapse or violation of its terms by the Respondent, and the contract provides for any necessary waivers of privilege or confidentiality by the Respondent. PHS shall submit quarterly reports to the Board which detail the Respondent’s compliance waiver filed in connection with the contract. As part of the Respondent’s PHS contract, he must work with an individual therapist and professional coach, and participate in group therapy. The Respondent must also sign releases to allow the professional coach, the individual therapist and the group therapist to communicate with one another on a regular basis, and must also provide a copy of the Professional Renewal Center (hereinafter “PRC”) evaluation to each of the aforementioned individualsthis Agreement. The Respondent has selected ▇chosen ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Ph.D M.D. as his professional coachthe psychiatrist who shall complete the annual assessments. The Respondent must petition the Board for approval of any change in the Board-approved psychiatrist. C. The Respondent must participate shall undergo annual assessments for fitness to practice medicine by a Board-approved cognitive therapist. The results of the assessments shall be filed with the Board annually. The Respondent hereby waives any privileges concerning such information, reports, records and disclosures to the Board. The Board-approved cognitive therapist shall confirm in an updated PRC assessment four writing, within ten (410) months from days of the date of entry into Board’s accepting this agreement, his PHS contractor her agreement and undertaking with respect to the obligations set forth in this Agreement, and then again six (6) months latershall notify the Board if the Respondent withdraws any waiver filed in connection with this Agreement. The Respondent has chosen ▇▇▇▇▇ ▇▇▇▇▇▇, Ph.D. as the cognitive therapist who shall complete the annual assessments. The Respondent must also follow petition the Board for approval of any change in the Board-approved cognitive therapist. D. The Respondent shall undergo annual assessments for fitness to practice medicine by a Board-approved sleep disorder specialist. The results of the assessments shall be filed with the Board annually. The Respondent hereby waives any privileges concerning such information, reports, records and all disclosures to the Board. The Board-approved sleep disorder specialist shall confirm in writing, within ten (10) days of the Board’s accepting this agreement, his or her agreement and undertaking with respect to the obligations set forth in this Agreement, and shall notify the Board if the Respondent withdraws any waiver filed in connection with this Agreement. The Respondent has chosen ▇▇▇▇▇ ▇▇▇▇▇▇▇, M.D. as the sleep disorder specialist who shall complete the annual assessments. The Respondent must petition the Board for approval of any change in the Board-approved sleep disorder specialist. ▇. The Respondent agrees to comply with any recommendations made as part of any of the annual assessments, required by Paragraphs B-D above, and any other recommendations made by PRC in either of those updated assessmentshis healthcare providers, including, but not limited to cognitive home exercises. D. F. All agreements whereby third parties are to provide written reports, releases, records or any other information to the Board under this Probation Agreement shall be submitted to the Board for approval within thirty (30) days after the Probation Agreement is approved by the Board. All such releases and agreements must, in addition to waiving any relevant state law privileges or immunities, provide the Board with access to all material covered by 42 CFR, Part 2, and the Criminal Offender Records Information (▇▇▇▇) Act, so-called, M.G.L. c. 6, §§ 167-178; all such releases and agreements must provide that the released party shall notify the Board if any waiver is withdrawn. In the event that any such releases or waivers are not sufficient to obtain access to any information which the Board in its discretion considers relevant, the Respondent agrees to obtain personally such information and furnish it to the Board, to the extent permitted by law. G. In the event that the Respondent seeks licensure to practice medicine in another state, the Respondent shall notify the Board of such fact and shall disclose to the licensing authority in such state his probationary status with this Board. The Respondent shall submit to the Board copies of all correspondence and application materials submitted to another states' licensing authority. E. ▇. In the event the Respondent should leave Massachusetts to reside or practice out of the state, the Respondent shall promptly notify the Board in writing of the new location as well as the dates of departure and return. Periods of residency or practice outside Massachusetts will not apply to the reduction of any period of the Respondent's probationary licensure, unless the Respondent enters into a monitoring agreement, approved by the Board, in the new location. F. I. The Respondent shall appear before the Board or a committee of its members at such times as the Board may request, upon reasonable advance notice, commensurate with the gravity or urgency of the need for such meeting as determined by the Board or such committee. G. J. The Respondent shall notify provide a complete copy of this Probation Agreement, with all exhibits and provide, attachments within ten (10) days of acceptance of this Probation Agreement by the Board, a complete copy of this Agreement with all exhibits and attachments by certified mail, return receipt requested, or by hand delivery to the following designated entities: any in- or out-of-state hospital, nursing home, clinic, other licensed facility, or municipal, state, or federal facility at which he practices medicine; any in- or out-of-state health maintenance organization with whom he has privileges or any other kind of association; any state agency, in- or out-of-state, with which he has a provider contract; and any in- or out-of-state medical employer, whether or not he practices medicine there; the Drug Enforcement Agency, Boston Diversion Group; the Massachusetts Department of Public Health’s Drug Control ProgramHealth Bureau of Health Care Safety and Quality; and the state licensing boards of all states in which he has any kind of license to practice medicine. The Respondent shall also provide this notification to any such designated entities with which he becomes associated for the duration of this Probation Agreement. The Respondent is further directed to certify to the Board within ten (10) days that he has complied with this directive. The Board expressly reserves the authority to independently notify, at any time, any of the entities designated above, or any other affected entity, of any action it has taken. H. K. The Respondent shall be may engage in the practice of medicine under the care of a licensed or certified health care professional who shall submit written reports, including reports on all missed sessions, to conditions that the Board or its designee as often may impose. The Respondent is not currently engaged in the practice of medicine and shall not engage in the practice of medicine until such time as the Board deems necessary but approves a practice plan. Any practice plan must be consistent with the recommendations made by the University of San Diego Physician Assessment and Clinical Education Program. Any practice plan must also be consistent with any recommendation made by the healthcare professionals referenced in Paragraphs B-D above. At the time of any event at least once every three months. Copies petition for approval of these attendance reports shall be part of the quarterly report that PHS submits to the Board. The health care professional shall immediately notify the Board by telephone whenever, in her professional judgmenta practice plan, the Respondent poses will submit the name of a potential danger worksite monitor for each practice location. Once approved, the monitor(s) will submit quarterly reports with the Board. L. The Respondent, and not the Board, shall be responsible for the payment of any fee or charge occasioned by the Respondent's compliance with this Probation Agreement. M. The Respondent may request that the Board modify any of the conditions set forth above. The Board may, in its discretion, grant such modification. Except for requests for modifications related to the health, safety and welfare identities of the Respondent’s patients. In addition, the health care professional shall immediately notify professionals referenced in Paragraphs B-D and the Board by telephone monitor referenced in Paragraph K, and in writing in the event that Respondent's employment, the Respondent terminates treatmentmay make such a request not more than once in any one year period, or is non-compliant with the treatment plan. In the event that the health care professional notifies the Board that the Respondent poses a danger to the health, safety or welfare of the Respondent’s patients, or terminates treatment, the Board may obtain nor any and all information, reports and records for a period not to exceed ▇▇▇▇▇▇ (90) days prior to sooner than one year from the date of said notification from the health care provider concerning the Respondent. The Respondent hereby waives any privilegesthis Probation Agreement.