The Board proposes the rule amendment to clarify a disciplinary guideline regarding failing to meet minimal standards of acceptable and prevailing CNA practice.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-15.009Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify a disciplinary guideline regarding failing to meet minimal standards of acceptable and prevailing CNA practice.

SUMMARY: Disciplinary Guidelines will be clarified.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 464.204 FS.

LAW IMPLEMENTED: 456.072, 464.204 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B9-15.009 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

(1) through (2) No change.

(3) The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon registrants for violation of the noted statutes and rules:

(a) through (hh) No change.

(ii) Failing to meet minimal standards of acceptable and prevailing CNA practice, including Intentionally engaging in unprofessional conduct, as defined in Rule 64B9-8.005, F.A.C.

(Section 464.018(1)(h), F.S.):

	MINIMUM	MAXIMUM
FIRST OFFENSE	$50 fine, reprimand and probation, continuing education.	Denial of certification or $150 fine, reprimand, suspension followed by probation, or revocation.
SECOND OFFENSE	$150 fine, reprimand, suspension followed by probation.	Denial of certification or $150 fine and revocation.

(jj) through (rr) No change.

(4) through (7) No change.

Rulemaking Authority 464.204 FS. Law Implemented 456.072, 464.204 FS. History–New 10-28-02, Amended 8-12-07, 8-3-08, 10-16-12, 5-17-16,                       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 29, 2020