The purpose and effect is to set forth the disciplinary guidelines for unprofessional conduct by certified nursing assistants.

DEPARTMENT OF HEALTH
Board of Nursing

RULE NO: RULE TITLE
64B9-15.009: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: The purpose and effect is to set forth the disciplinary guidelines for unprofessional conduct by certified nursing assistants.
SUMMARY: The disciplinary guidelines for unprofessional conduct by certified nursing assistants are set forth.
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: 464.204 FS.
LAW IMPLEMENTED: 456.072, 464.204 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: Rick Garcia, Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259

THE FULL TEXT OF THE PROPOSED RULE IS:

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 (gg) No change.

(hh) Intentionally engaging in unprofessional conduct, as defined in Rule 64B9-8.005, F.A.C., (Section 464.018(1)(h)).

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$50.00 fine, reprimand and probation, continuing education	$150.00 fine, reprimand, suspension followed by probation
SECOND OFFENSE	$150.00 fine, reprimand, suspension followed by probation	$150.00 fine and revocation

 

If the unprofessional conduct involves hitting a patient or intentionally causing harm to a patient, the MINIMUM penalty for a FIRST OFFENSE is REVOCATION of the license.

(4) through (6) No change.

Specific Authority 464.204 FS. Law Implemented 456.072, 464.204 FS. History–New 10-28-02, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Nursing
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 15, 2007