The rule is being created set out acceptable violations for Notices of Non-Compliance.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-15.0097Notice of Non-Compliance - Minor Violations

PURPOSE AND EFFECT: The rule is being created set out acceptable violations for Notices of Non-Compliance.

SUMMARY: Designate violations acceptable for Notices of Non-Compliance.

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: 120.695, 456.073(3) FS.

LAW IMPLEMENTED: 120.695, 456.073(3) 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:

 

64B9-15.0097 Notice of Non-Compliance – Minor Violations.

(1) A Notice of Non-Compliance is a notification by the department issued to a licensee as a first response to a minor violation of Board rule.  It is not accompanied by a fine or other disciplinary penalty.

(2) The Board designates the following as minor violations for which a Notice of Non-Compliance may be issued for the first violation thereof:

(a) Failure to notify the Department of a change in address for more than 60 days, in violation of Section 464.203(6), F.S., provided the failure does not constitute failure to comply with and order of the Board.

(b) False, deceptive or misleading use of certified nursing assistant title, in violation of Section 456.072(1)(a), F.S., provided no criminal prosecution resulted and no practice issue was involved.

Rulemaking Authority 120.695, 456.073(3) FS. Law Implemented 120.695, 456.073(3) FS. History–New ___________.

 

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: April 7, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 24, 2017