RULE NO.:RULE TITLE:
64B9-8.006Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 101, May 25, 2021 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the Board at the public meeting held December 3, 2021, in Tampa, Florida. A Notice of Change published for the rule in Vol. 47, No. 174, of the September 8, 2021, issue of the Florida Administrative Register. A second Notice of Change published for the rule in Vol. 47, No. 225, of the November 19, 2021, issue of the Florida Administrative Register. The rule shall now read as follows:
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. Attempting to procure or procuring initial license by bribery or knowing misrepresentations.
MINIMUM
MAXIMUM
FIRST OFFENSE
Denial. and a $10,000 fine
$10,000 fine and denial revocation
FOR TELEHEALTH REGISTRANTS
Denial of license
Revocation
2. Attempting to renew or renewing license by bribery or knowing misrepresentations.
MINIMUM
MAXIMUM
FIRST OFFENSE
Revocation. and a $10,000 fine
$10,000 fine and revocation
FOR TELEHEALTH REGISTRANTS
Denial of license
Revocation
3. No change.
(b) through (k) No change.
(l) Making misleading, deceptive or fraudulent representations in or related to the practice of the licensee’s profession or making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. (Section 456.072(1)(a) or (m), F.S.)
1. Making misleading or deceptive representations.
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine
$500 fine, continuing education, and probation
SECOND OFFENSE
$700 fine and suspension
Revocation
FOR TELEHEALTH REGISTRANTS
Reprimand
Suspension with corrective action plan
FOR TELEHEALTH REGISTRANTS
SECOND OFFENSE
Suspension with corrective action plan
Revocation
2. Making fraudulent representations or employing a trick or scheme.
MINIMUM
MAXIMUM
FIRST OFFENSE
Revocation and a $10,000 fine
$10,000 fine and revocation
FOR TELEHEALTH REGISTRANTS
FIRST OFFENSE
Revocation Letter of Concern
Revocation Reprimand
FOR TELEHEALTH REGISTRANTS
Reprimand to suspension with corrective action plan
Revocation
SECOND OFFENSE
(m) through (ll) No change.
(4) through (6) No change.
Rulemaking Authority 456.072, 456.079 FS. Law Implemented 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, .
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 32399-3252; MQA.Nursing@flhealth.gov.
