The Board proposes to amend Rule 64B10-14.004, F.A.C., to incorporate the changes to Section 456.072(1)(gg), Florida Statutes. A new ground for disciplinary action is being terminated from a treatment program for impaired practitioners, for failure ...

DEPARTMENT OF HEALTH
Board of Nursing Home Administrators

RULE NO: RULE TITLE
64B10-14.004: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: The Board proposes to amend Rule 64B10-14.004, F.A.C., to incorporate the changes to Section 456.072(1)(gg), Florida Statutes. A new ground for disciplinary action is being terminated from a treatment program for impaired practitioners, for failure to comply, without good cause, with the terms of the monitoring of treatment program, or for not successfully completing a drug or alcohol treatment program.
SUMMARY: The purpose of the Rule amendment is to incorporate the change to Section 456.072(1)(gg), F.S.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.072(1)(gg), 456.073(3), 468.1685(1) FS.
LAW IMPLEMENTED: 456.072(1)(gg), 456.073(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Executive Director, Board of Nursing Home Administrators/MQA,4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257

THE FULL TEXT OF THE PROPOSED RULE IS:

64B10-14.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

(1) No change.

(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 (oo) No change
(pp) Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, F.S., for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug-treatment or alcohol-treatment program.
First Offense:	Reprimand	Probation and $500 fine
Second Offense:	Probation and $1,000 fine	Revocation and $1,000 fine.

 

(3) through (4) No change.

Specific Authority 456.079, 468.1685(1) FS. Law Implemented 456.072, 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, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing Home Administrators
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Nursing Home Administrators
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 7/8/2005
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 25, 2005