Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances  

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    DEPARTMENT OF HEALTH

    Board of Nursing

    RULE NO.:RULE TITLE:

    64B9-15.009Disciplinary 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. 47 No. 8, January 13, 2021 issue of the Florida Administrative Register.

    The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the Board at the public telephonic meeting held February 5, 2021.

    64B9-15.009 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

    (1) through (2) No change.

    (3) The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon registrants for violation of the noted statutes and rules:

    (a) through (hh) No change.

    (ii) Failing to meet minimal standards of acceptable and prevailing CNA practice as defined in Rule 64B9-15.0015, F.A.C., or including engaging in unprofessional conduct, as defined in Rule 64B9-8.005, F.A.C.

    (Section 464.018(1)(h), F.S.):

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    $50 fine, reprimand and probation, continuing education.

    Denial of certification or $150 fine, reprimand, suspension followed by probation, or revocation.

    SECOND OFFENSE

    $150 fine, reprimand, suspension followed by probation.

    Denial of certification or $150 fine and revocation.

    (jj) through (rr) No change.

    (4) through (7) No change.

    Rulemaking Authority 464.204 FS. Law Implemented 456.072, 464.204 FS. History–New 10-28-02, Amended 8-12-07, 8-3-08, 10-16-12, 5-17-16,                       .

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399-3252; MQA.Nursing@flhealth.gov.