The Board proposes the rule amendment to 64B9-8.003 to revise the violations, specifying first and second instance violations and the rule amendment to 64B9-8.012 is to amend and clarify violations which the Board designates as appropriate for the ...

 

DEPARTMENT OF HEALTH
Board of Nursing

RULE NO.: RULE TITLE:
64B9-8.003: Citations
64B9-8.012: Mediation
PURPOSE AND EFFECT: The Board proposes the rule amendment to 64B9-8.003 to revise the violations, specifying first and second instance violations and the rule amendment to 64B9-8.012 is to amend and clarify violations which the Board designates as appropriate for the mediation process.
SUMMARY: The purpose of this amendment is to add second instance violations and penalties and to amend and clarify violations which the Board designates as appropriate for the mediation process.
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, based upon the expertise and experience of its members, 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: 456.077, 456.078, 464.006 FS.
LAW IMPLEMENTED: 456.077, 456.078 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: Joe R. Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewrite of Rule 64B9-8.003 follows. See Florida Administrative Code for present text.)

64B9-8.003 Citations.

(1)”Citation” means an instrument which meets the requirements set forth in Section 456.077, F.S., and which is served upon a licensee for the purpose of assessing a penalty in an amount established by this rule;

(2) In lieu of the disciplinary procedures contained in Section 456.073, F.S., the Agency may issue a citation to the subject within six months after the filing of the complaint which is basis for the citation.  All citations will include a requirements that the respondent correct the violation, if remediable, within a specified period of time and impose whatever obligations will remedy the offense.

(3) The Board designates the first instance of the following as citation violations, which shall result in a penalty of $100.00:

(a) False, deceptive or misleading advertising in violation of Section 464.018(1)(g), F.S., provided no criminal prosecution resulted and no practice issue was involved.

(b) Improper use of a nursing title under Section 464.015, F.S., provided no practice issue was involved or no criminal prosecution resulted.

(c) Unprofessional conduct as defined in paragraph 64B9-8.005(2)(p), F.A.C., using abusive, threatening or foul language in front of a patient or directing such language toward a patient.

(4) The Board designates the second instance of the following as citation violations, which shall result in a penalty of $100.00:

(a) Issuance of a worthless bank check to the Department or to the Board in violation of Section 464.018(1)(a), F.S., provided the licensee does not continue to practice on an inactive license or the check was not in payment of a Board ordered administrative fine.

(b) Failure to report address change in violation of Rule 64B9-1.013, F.A.C., provided the licensee was not ordered to do so in a Board disciplinary order.

(c) Failure to pay a Board ordered administrative fine by the time ordered, provided payment had been made by the time the citation issues.

(d) Failure to complete a Board ordered continuing education course by the time ordered, provided the course had been completed by the time the citation issues.

(e) Failure when requested to document full compliance with the continuing education requirements, provided that all continuing education courses had been timely completed.

(f) Failure to submit updates of required information in practitioner profile within 15 days after the final activity that renders such information a fact, as required by Section 456.042, F.S.

(5) The Board designates the following a citation violation, which shall result in a penalty of $250.00: Second-time failure to complete continuing education hours within the biennium. In addition to the fine, the licensee will be required to complete the number of hours necessary to meet the biennial requirements not completed within 6 months of the issuance of the citation.

(6) The Board designates the first instance of the following a citation violation, which shall result in a penalty of $1,500: Providing to another individual a confidential password, access code, keys, or other entry mechanisms, which results in a violation of, or threatens, the integrity of a medication administration system or an information technology system. In addition to the fine, the licensee will be required to complete a 2-hour continuing education course in legal aspects of nursing within 60 days of the issuance of the citation.

Rulemaking Specific Authority 456.077, 464.006 FS. Law Implemented 456.077 FS. History–New 1-1-92, Amended 7-6-92, Formerly 21O-10.015, Amended 12-5-93, 5-24-94, Formerly 61F7-8.003, 59S-8.003, Amended 2-18-98, 3-23-00, 2-22-04, 7-5-06, 12-11-06, 3-23-08,________.

 

64B9-8.012 Mediation.

The Board finds that mediation is an acceptable resolution for the first instance of the following violations that are economic in nature or can be remedied by the licensee:

(1) failure to respond timely to a continuing education audit;

(2) issuance of a worthless bank check to the Department or the Board for initial licensure or renewal of license, provided the liensee does not practice on a delinquent license;

(3) failure to report address changes in violation of Rule 64B9-1.013, provided the failure does not constitute failure to comply with an order of the Board;

(4) failure to pay fines and investigative costs by the time ordered;

(5) failure to timely submit documentation of completion of continuing education imposed by Board order;

(6) failure to update a practitioner profile within 15 days as required by s. 546.042, F.S.,

(7) failure to complete continuing education hours within the applicable biennium.

Rulemaking Specific Authority 456.078 FS. Law Implemented 456.078 FS. History–New 11-6-94, Formerly 59S-8.012, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 3, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 7, 2012