RULE NO.:RULE TITLE:
64B9-8.006:Disciplinary 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. 46 No. 32, February 17, 2020 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 telephonic meeting held April 2, 2020. 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 for violation of the noted statutes and rules:
(a) No change.
(b) Having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of this or any other state, territory or country. (section 456.072(1)(f) or 464.018(1)(b), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
Letter of concern
Imposition of same penalty that would be imposed if the violation had occurred in Florida
SECOND OFFENSE
Imposition of sSame penalty that would be as imposed if the violation had occurred in Florida by other jurisdiction
Revocation
(c) 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. through 3. No change.
4. Subsections 64B9-8.005(4), F.A.C.
MINIMUM
MAXIMUM
FIRST OFFENSE
Revocation
5. No change.
(g) through (u) No change.
(v) Failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application. (Section 456.072(1)(w), 456.041(8) or 456.44(2), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine
$500 fine and suspension until compliant
SECOND OFFENSE
$500 fine and probation
$750 fine and suspension until compliant
For failure to verify the profile contents and to correct any factual errors in the licensee’s profile within the 30-day period in section 456.041(8)(7), F.S.: A fine of $50 per day.
(w) through (aa) No change.
(bb) Violating any of the provisions of section 790.338, F.S. (Section 456.072(1)(nn), F.S.)
Letter of Concern
(bb)(cc) Violating any provision of section 390.0111, F.S. (Section 390.0111(13)(12), F.S.)
MINIMUM
MAXIMUM
Letter of Concern
Letter of Concern
(dd) through (ff) shall be renumbered as (cc) through (ee).
(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, .
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.
