The Board proposes the rule amendment to delete unnecessary language and to add language clarifying: violation of Chapter 64B10, F.A.C. or Chapter 456, F.S.; and end of life and palliative care.

 

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 the rule amendment to delete unnecessary language and to add language clarifying: violation of Chapter 64B10, F.A.C. or Chapter 456, F.S.; and end of life and palliative care.
SUMMARY: The rule amendment will delete unnecessary language and to add language clarifying: violation of Chapter 64B10, F.A.C. or Chapter 456, F.S.; and end of life and palliative care.
SUMMARY OF STATEMENT 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), 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.
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, Jr., 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:

 

MinimumMaximum

(a) through (h) No change.

(i) Authorizing the discharge

or transfer of a resident for a

reason other than those provided

in Sections 400.022 and 400.0255, F.S.

(Section 468.1755(1)(f), F.S.)

First Offense:reprimandreprimand

and $1,000 fine

Second Offense:probation and1 month

$1,000 finesuspension

(j)(i) No change.

$1,000 fine$1,000 fine

(k)(j) No change.

(l)(k) No change.

(m)(l) No change.

(n)(m) No change.

(o)(n) No change.

(p)(o) No change.

(q)(p) No change.

(r) Practice on a delinquent license.

(Section 468.1755(1)(j), F.S.)

First Offense:$1,000 fine6 months

suspension

followed by

probation

and $1,000

fine

Second Offense:6 months suspensionrevocation

followed byand $1,000

probation andfine

$1,000 fine

(s)(q) No change.

(t)(r) No change.

(u)(s) No change.

(v)(t) No change.

(w)(u) No change.

(x)(v) No change.

(w) Practice on a delinquent license.

(Section 468.1755(1)(j), F.S.)

First Offense:$1,000 fine6 months

suspension

followed by

probation

and $1,000

fine

Second Offense:6 months suspensionrevocation

followed byand $1,000

probation andfine

$1,000 fine

(y) Failure to implement quality

assurance program.

(Section 468.1755(1)(q), F.S.)

First Offense:reprimandreprimand

and $1,000

fine

Second Offense:probation and1 month

$1,000 finesuspension

(z) Violating any provision of this chapter

or Chapter 456, F.S., or any rules adopted pursuant

thereto.

(Section 468.1755(1)(r), F.S.

First Offense:For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial; and an administrative fine from $500 to $10,000.

Second Offense:For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, From probation to revocation or denial and an administrative fine from $500 to $10,000.

 

(aa)(x) No change.

(bb)(y) No change.

(cc)(z) Failing to comply with the educational course

requirements for human immunodeficiency virus,

acquired immune deficiency syndrome., or

end of life and palliative health care.

(Section 456.072(1)(e), F.S.)

First Offense:$750 fine$1,000 fine

Second Offense:probation andprobation

and

$750 fine$1,000 fine

Third Offense:probation and6 months

$1,000 finesuspension

followed by

probation

and

$1,000 fine

(dd)(aa) No change.

(ee)(bb) No change.

(ff)(cc) No change.

(gg)(dd) No change.

(hh)(ee) No change.

(ii)(ff) No change.

(jj)(gg) No change.

(kk)(hh) No change.

(ll)(ii) No change.

(mm)(jj) No change.

(nn)(kk) No change.

(oo)(ll) No change.

(pp)(mm) No change.

(nn) Failure to implement quality

assurance program.

(Section 468.1755(1)(q), F.S.)

First Offense:reprimandreprimand

and $1,000

fine

Second Offense:probation and1 month

$1,000 finesuspension

(oo) Authorizing the discharge

or transfer of a resident for a

reason other than those provided

in Sections 400.022 and 400.0255, F.S.

(Section 468.1755(1)(f), F.S.)

First Offense:reprimandreprimand

and $1,000

fine

Second Offense:probation and1 month

$1,000 finesuspension

(qq)(pp) No change.

(3)(a) through (e) No change.

Specific Authority 456.072(1)(gg), 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, ________.
 

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: February 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 21, 2008