The purpose of the rule amendment is to delete language that is included in the final orders. Licenses that have been relinquished or revoked cannot be reinstated.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-8.011Reinstatement of Suspended and Revoked Licenses

PURPOSE AND EFFECT: The purpose of the rule amendment is to delete language that is included in the final orders. Licenses that have been relinquished or revoked cannot be reinstated.

SUMMARY: Delete language

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 and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule has no impact on any persons or businesses; 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: 464.006 FS.

LAW IMPLEMENTED: 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: Joe R. 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:

 

64B9-8.011 Reinstatement of Suspended and Revoked Licenses.

(1) When the Board has suspended the license of a nurse, the licensee, by petition shall demonstrate to the Board, or accepted the relinquishment of licensure in lieu of further disciplinary action for a definite period of time, the licensee, by petition, shall demonstrate to the Board, after the expiration of the time period, compliance with all terms and conditions of the final order and must demonstrate the present ability to engage in the safe practice of nursing to obtain reinstatement. If no definite period of time was stated in the final order, the licensee may petition the Board at any time to demonstrate full compliance with the final order and present ability to engage in the safe practice of nursing.

(2) In order to demonstrate the present ability to engage in the safe practice of nursing, the nurse must submit evidence which may include:

(a) through (c) No change.

(d) Completion of treatment within a program designed to alleviate alcohol or other chemical dependencies, including necessary aftercare measures or a plan for continuation of such treatment as appropriate. Current sobriety must be demonstrated.

(e) No change.

(3) When the Board has revoked the license of a nurse for a definite period of time, that nurse may reapply for licensure under the conditions stated in the final order. If no time period for revocation was stated in the final order, the nurse, if otherwise eligible by law, may reapply for licensure. Depending on the length of time out of nursing, the applicant may be required to undergo additional education and to rewrite the nursing examination. Present ability to engage in the safe practice of nursing as set forth in subsection 64B9-8.011(2), F.A.C., and full compliance with the revocation order must be demonstrated by the applicant.

(4) All persons seeking reinstatement or relicensure under this rule shall submit all documentation supporting their petition prior to the next available Board meeting for which the Board may take action on the request. Unless the final order specifically stated otherwise, the petitioner must personally appear before the Board to answer any additional concerns by the Board related to the nurse’s present ability to engage in the safe practice of nursing.

(5) If the Board reinstates the license of the petitioner, it may order reasonable conditions of probation or participation in the Intervention Project for Nurses (IPN), particularly when the nurse has been out of practice for a number of years, when practice problems led to the disciplinary action, or when mental, physical, or substance abuse problems led to the disciplinary action.

Rulemaking Specific Authority 464.006 FS. Law Implemented 464.018 FS. History–New 1-1-92, Formerly 21O-10.013, Amended 1-26-94, Formerly 61F7-8.011, 59S-8.011, Amended 3-19-09,                                .

 

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 7, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 11, 2016