The Board proposes the rule amendment to revise penalties and incorporate new legislation.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-8.006Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

PURPOSE AND EFFECT: The Board proposes the rule amendment to revise penalties and incorporate new legislation.

SUMMARY: The rule is being amended to revise penalties and incorporate new legislation.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 456.47, 456.072, 456.079 FS.

LAW IMPLEMENTED: 456.47, 456.072, 456.079, 464.018 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: Amanda Gray, Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B9-8.006 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 licensees or telehealth registrants for violation of the noted statutes and rules:

(a) Procuring, attempting to procure, or renewing a license to practice nursing by bribery, by knowing misrepresentations, or through an error of the department or board. (Section 456.072(1)(h) or 464.018(1)(a), F.S.)

1. through 2. No change.

3. Procuring or renewing license by error of the department or board or providing false or misleading material information or intentionally omitting material information in an application for licensure. (Section 456.0145(2)(d, F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation	Revocation
FOR TELEHEALTH REGISTRANTS	Denial of license	Revocation

(b) through (e) No change.

(f) Unprofessional conduct as defined by Rule 64B9-8.005, F.A.C. (Section 464.018(1)(h), F.S.).

1. Subsections 64B9-8.005(1), (3), (6), (7), (8), (11), (12), (13), (14), (16), and (17), F.A.C.

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, $250 fine, and continuing education	$500 fine, and probation
SECOND OFFENSE	$750 fine, suspension	Revocation
FOR TELEHEALTH REGISTRANTS	Reprimand	Suspension with corrective action plan
FOR TELEHEALTH REGISTRANTS	Suspension with corrective action plan	Revocation

2. through 3. No change.

4. Subsection 64B9-8.005(4), (9), and (10), F.A.C.

	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation
FOR TELEHEALTH REGISTRANTS	Revocation

5. Subsections 64B9-8.005 (12), (13), and (14), F.A.C.

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, $250 fine, and continuing education	$500 fine, and suspension followed by probation; revocation
SECOND OFFENSE	$750 fine, suspension	Revocation
FOR TELEHEALTH REGISTRANTS	Reprimand	Suspension with corrective action plan
FOR TELEHEALTH REGISTRANTS	Suspension with corrective action plan	Revocation

6.5. Subsections Subsection 64B9-8.005(15) and (18), F.A.C.

	MINIMUM	MAXIMUM
FIRST OFFENSE	$5,000 fine	Revocation
FOR TELEHEALTH REGISTRANTS	Reprimand to suspension with corrective action plan	Revocation

(g) through (ll) No change.

(4) through (6) No change.

Rulemaking Authority 456.47, 456.072, 456.079 FS. Law Implemented 456.47, 456.072, 456.079, 464.018 FS. History–New 2-5-87, Amended 8-12-87, 12-8-87, 11-23-89, 7-28-92, Formerly 21O-10.011, Amended 12-5-93, Formerly 61F7-8.006, Amended 5-1-95, Formerly 59S-8.006, Amended 8-18-98, 7-1-99, 3-23-00, 5-8-00, 5-2-02, 1-12-03, 2-22-04, 8-3-05, 7-5-06, 2-6-12, 11-19-12, 2-2-17, 2-11-19, 6-11-20, 2-10-22, 8-7-23,          .

 

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: August 2, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 12, 2024