of the issuance of a Notice of Intent to Granting Petition With Conditions for Variance or Waiver of Rule 64B10-11.003(1), F.A.C., filed on March 31, 2017, by Nikki Jeune. The Notice of Petition for Variance or Waiver was published in Vol. 43, No. ...

 

DEPARTMENT OF HEALTH

Board of Nursing Home Administrators

RULE NO.:RULE TITLE:

64B10-11.002Eligibility for Licensure

The Board of Nursing Home Administrators hereby gives notice:

Of the issuance of a Notice of Intent to Granting Petition With Conditions for Variance or Waiver of subsection 64B10-11.003(1), F.A.C., filed on March 31, 2017, by Nikki Jeune. The Notice of Petition for Variance or Waiver was published in Vol. 43, No. 71, of the April 12, 2017 Florida Administrative Register. No comments on the Petition were received. The Board considered the Petition at a duly-noticed public telephonic meeting on April 28, 2017. The Petitioner sought a temporary variance from and waiver of the provision of subsection 64B10-11.003(1), F.A.C., that applicants for licensure must obtain passing scores on both examinations required for licensure as specified in subsection 64B10-11.002(1), F.A.C., within one (1) year of the date of application. Specifically, Petitioner requested a temporary variance and in consideration of subsection 64B10-11.003(1), F.A.C., to allow an extension of time to successfully complete both examinations. Petitioner based her request on her inability to complete both examinations within one (1) year of application due to family medical hardship and mitigating circumstances, and requested an extension of six (6) months to successfully complete both examinations pursuant to subsection 64B10-11.002(1), F.A.C.

The Board found that the Petition was in substantial compliance with the provisions of Section 120.542, Florida Statutes, and Chapter 28-104, Florida Administrative Code. The Board found that, based on the Petitioner’s submissions and testimony, the Petitioner established that the purpose of the underlying statute, Section 468.1695, Florida Statutes, would be met if she were granted a variance from the rule. The Board found that the Petitioner further established that the Board’s application of subsections 64B10-11.002(1) and 64B10-11.003(1), F.A.C., to her circumstances would violate principles of fairness or impose a substantial hardship on her. The Board granted the Petition for Waiver or Variance of subsection 64B10-11.003(1), F.A.C., with the conditions that: within six (6) months of the entry of the Order, Petitioner shall meet the licensure requirements pursuant to subsections 64B10-11.002(1) and 64B10-11.003(1). The Board filed its final order on May 18, 2017.

A copy of the Order or additional information may be obtained by contacting: Dr. Anthony Spivey, Executive Director, Board of Nursing Home Administrators, 4052 Bald Cypress Way, Bin C-07, Tallahassee, Florida 32399-3257, [phone], [e-mail].