The Board proposes a rule amendment to update the rule language regarding statutory changes.

 

DEPARTMENT OF HEALTH

Board of Nursing Home Administrators

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The Board proposes a rule amendment to update the rule language regarding statutory changes.

SUMMARY: The proposed rule amendment updates the rule language due to statutory changes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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.

RULEMAKING AUTHORITY: 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 THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christina McGinnis, Executive Director, Board of Nursing Home Administrators, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, [e-mail].

 

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:

Violation

Minimum

Maximum

(a) through (uu)  No change. 

(vv) Failure to comply with parental consent requirements of Section 1014.06, F.S.

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

First Offense:	Reprimand and a fine of $250.00 to $500.00 or in the case of application for licensure, denial of license.	Probation for six (6) months and a fine of $500.00 to $750.00 or in the case of application for licensure, denial of license.
Second Offense:	One (1) year probation and a fine of $500.00 to $750.00 or in the case of application for licensure, denial of license.	Suspension to be followed by one (1) year probation and a fine of $750.00 to $1,000.00 or in the case of application for licensure, denial of license.
Third Offense:	Suspension followed by a minimum of two (2) years probation and a fine of  $750.00 to $1,000.00 or in the case of application for licensure, denial of license.	Revocation or in the case of application for licensure, denial of license.

(ww) Conviction of or plea to crimes enumerated in section 456.074(5), F.S. or similar offense in another jurisdiction.

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

First Offense:

Revocation and a fine of $5,000.00 to $10,000.00 or in the case of application for licensure, denial of license.

(3) through (4)  No change

Rulemaking Authority 456.072, 456.073(3), 456.079, 468.1685(1) FS. Law Implemented 456.072, 456.073(3), 456.074, 456.079, 1014.06, 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, 8-10-08, 5-23-10, 7-11-17,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing Home Administrators

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing Home Administrators

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 29, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 8, 2021