Board of Nursing Home Administrators
RULE NO.:RULE TITLE:
64B10-14.004Disciplinary 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. 43 No. 54, March 20, 2017 issue of the Florida Administrative Register.
The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a public meeting held April 28, 2017. The changes are as follows:
64B10-14.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
(1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapters 456 and 468, F.S., Part II. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of Chapters 456 and 468, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapters 456 and 468, F.S., Part II., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, reprimand, or probation which may be included in the final penalty at the Board’s discretion. For the purposes of this rule, the descriptions of the violations are abbreviated and the full statute or rule cited should be consulted to determine the prohibited conduct.
(2) The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:
Minimum
Maximum
(a) through (d) No change
(e) Attempting to procure license by
bribery, fraudulent misrepresentation or
error of the Department or Board. However,
if the offense is for fraud, the fine is increased
to $10,000 per count or offense.
(Sections 456.072(1)(h), 468.1755(1)(b), F.S.)
First Offense:
probation and
denial/revocation
$500 fine
Second Offense:
6 months
denial/revocation
suspension
followed by
probation and
$1,000 fine
(f) through (i) No change.
(j) Fraudulent, false, deceptive or
Misleading advertising. However, if
the offense is for fraud, the fine is
increased to $10,000 per count or offense.
(Section 468.1755(1)(g)(f), F.S.)
First Offense:
reprimand
$500 fine
Second Offense:
$500 fine
$1,000 fine
Third Offense:
reprimand and
$1,000 fine
probation and
$1,000 fine
(k) Fraud or deceit in the practice of
nursing home administration. However, if
the offense is for fraud, the fine is increased
to $10,000 per count or offense.
(Section 468.1755(1)(h)(g), F.S.)
First Offense:
reprimand and
1 year suspension
$1,000 fine
followed by probation and $1,000 fine
Second Offense:
1 year suspension
revocation
followed by
probation and
$1,000 fine
(l) No change.
(m) Misconduct in the practice of nursing
home administration including but not limited
to: trust fund violations, Medicaid/insurance
fraud, exploitation of a patient, and undue
influence of a patient. However, if the offense
is for fraud, the fine is increased to $10,000
per count or offense.
(Section 468.1755(1)(h)(g), F.S.)
First Offense:
reprimand and
1 year suspension
$1,000 fine
followed by probation
and $1,000 fine
Second Offense:
1 year suspension
revocation
followed by
probation and
$1,000 fine
(n) through (z) No change.
(aa) Making misleading, deceptive, or fraudulent
representations in or related to the practice of the
licensee’s profession. However, if the offense is
for fraud, the fine is increased to $10,000 per
count or offense.
(Section 456.072(1)(a), F.S.)
First Offense:
reprimand and
1 year suspension
$1,000 fine
followed by probation
and $1,000 fine
Second Offense:
1 year suspension
revocation
followed by
probation and
$1,000 fine
and $1,000 fine
(bb) through (gg) No change
(hh) 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. However,
if the offense is for fraud, the fine is increased to
$10,000 per count or offense.
(Section 456.072(1)(m), F.S.)
First Offense:
reprimand and
1 year suspension
$1,000 fine
followed by probation and $1,000 fine
Second Offense:
1 year suspension
revocation
followed by
probation and
$1,000 fine
(ii) through (uu) No change.
(3) through (4) No change.
Rulemaking Authority 456.073(3), 456.079, 468.1685(1) FS. Law Implemented 456.072, 456.073(3), 456.079, 468.1685(4), (5), (6), 468.1755(1)(a), (j), (q) FS. History–New 11-23-86, Amended 4-22-87, Formerly 21Z-14.004, 61G12-14.004, 59T-14.004, Amended 10-12-97, 10-16-00, 2-13-01, 2-10-03, 5-1-03, 7-27-06, 8-10-08, 5-23-10, .
