DEPARTMENT OF HEALTH
Board of Nursing
RULE NO.:RULE TITLE:
64B9-15.009Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
PURPOSE AND EFFECT: The purpose and effect is to adjust the range of disciplinary guidelines for some violations.
SUBJECT AREA TO BE ADDRESSED: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
Specific Authority 464.204 FS.
Law Implemented 456.072, 464.204 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE SCHEDULED AND ANNOUNCED IN THE NEXT AVAILABLE ISSUE OF THE FLORIDA ADMINISTRATIVE WEEKLY. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Joe Baker, Jr., Acting Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64B9-15.009 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
(1) to (2) No change
(3) The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon registrants for violation of the noted statutes and rules:
(a) No change
(b) Being found guilty, regardless of adjudication, of a violation of Chapter 812, F.S., relating to theft, robbery, and related crimes. (Section 464.018(1)(d)2., F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(c) Being found guilty, regardless of adjudication, of a violation of Chapter 817, F.S., relating to fraudulent practices. (Section 464.018(1)(d)3., F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(d) Being found guilty, regardless of adjudication, of a violation of Chapter 800, F.S., relating to lewdness and indecent exposure. (Section 464.018(1)(d)4., F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine, IPN evaluation, and suspension to be followed by a term of probation or revocation
SECOND OFFENSE
No change
No change
(e) Being found guilty, regardless of adjudication, of a violation of Chapter 784, F.S., relating to assault, battery, and culpable negligence. (Section 464.018(1)(d)5., F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(f) Being found guilty, regardless of adjudication, of a violation of Chapter 827, F.S., relating to child abuse. (Section 464.018(1)(d)6., F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(g) Being found guilty, regardless of adjudication, of a violation of Chapter 415, F.S., relating to protection from abuse, neglect, and exploitation. (Section 464.018(1)(d)7., F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(h) Being found guilty, regardless of adjudication, of a violation of Chapter 39, F.S., relating to child abuse, abandonment, and neglect. (Section 464.018(1)(d)8., F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(i) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under Section 435.03, F.S., or under any similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in Section 741.28, F.S.
(Section 464.018(1)(e), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(j) No change
(k) Engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in Chapter 893, F.S., for any other than legitimate purposes authorized by this part. (Section 464.018(1)(i), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$50 fine, IPN evaluation and suspension to be followed by a term of probation or revocation
SECOND OFFENSE
No change
No change
THIRD OFFENSE
No change
No change
(l) to (n) No change
(o) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of a certified nursing assistant or to the ability to practice as a certified nursing assistant. (Section 456.072(1)(c), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(p) Having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure or certification, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law.
(Section 456.072(1)(f), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
THIRD OFFENSE
No change
No change
(q) No change
(r) Procuring, or attempting to procure, or renewing certification to practice as a CNA by bribery, by knowing misrepresentations, or through an error of the department or the board. (Section 456.072(1)(h), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
No change
SECOND OFFENSE
No change
No change
(s) to (u) No change
(v) 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)(m), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$100 fine and suspension
to be followed by a term
of probation or revocation
SECOND OFFENSE
No change
No change
(w) to (z) No change
(aa) Engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), F.S. (Section 456.072(1)(u), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE
No change
denial of certification or
$125 fine, IPN evaluation and suspension to be followed by a term of probation or revocation
SECOND OFFENSE
No change
No change
(bb) to (gg) No change
(hh) Being terminated from or failing to successfully complete an impaired practitioner treatment program (Section 456.072(1)(gg) F.S.):
Minimum: $150 fine and suspension until successful completion or receipt of written confirmation from program that further treatment is neither required nor indicated.
Maximum: Permanent revocation or denial of licensure.
(4) to (6) No change
Specific Authority 464.204 FS.
Law Implemented 456.072, 464.204 FS.
History–New 10-28-02, .
Document Information
- Subject:
- Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
- Purpose:
- The purpose and effect is to adjust the range of disciplinary guidelines for some violations.
- Rulemaking Authority:
- 464.204 FS.
- Law:
- 456.072, 464.204 FS.
- Contact:
- Joe Baker, Jr., Acting Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259.
- Related Rules: (1)
- 64B9-15.009. Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances