of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on June 4, 2019, by Agape Academy of Sciences. The Notice of Petition for Waiver or Variance was published in Volume 45, Number 187, of the September 25, 2019,...

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-15.005Standards for Certified Nursing Assistant Training Programs

The Board of Nursing hereby gives notice: of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on June 4, 2019, by Agape Academy of Sciences. The Notice of Petition for Waiver or Variance was published in Volume 45, Number 187, of the September 25, 2019, Florida Administrative Register. The Petitioner was seeking a waiver or variance of subsection 64B9-15.005(6), Florida Administrative Code, entitled, “Standards for Certified Nursing Assistant Training Programs,” with regard to not having any students take the test for one calendar year.

The Board considered the instant Petition at a duly-noticed public meeting held August 7-9, 2019, in Ft. Myers, Florida. The Board’s Order, filed on November 1, 2019, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute would be met by granting a variance or waiver from subsection 64B9-15.005(6), Florida Administrative Code. The Board further finds that Petitioner failed to establish that applying the requirements of the aforementioned rule to its circumstances would violate principles of fairness and impose substantial hardship.

A copy of the Order or additional information may be obtained by contacting: Joe R. Baker, Jr, Executive Director, 4052 Bald Cypress Way, Bin #C02, Tallahassee, FL 32399-3252; [e-mail].