The Board proposes an amendment to update the language including changes required by Chapter 2016-222, Laws of Florida.

 

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 an amendment to update the language including changes required by Chapter 2016-222, Laws of Florida.

SUMMARY: Range of penalties for disciplinary violations.

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 an adverse impact on small business or increase regulatory costs in excess of $2000,000 within one year. The Board also determined that the amendments will not increase regulatory cost to any entity in excess of $1 million within five years. 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: Anthony Spivey, Executive Director, Board of Nursing Home Administrators, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; 850- 245-4393.

 

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:

Minimum

Maximum

(a) Violation of Sections 468.1745(1)(a), (b), (c) or (e),

468.1755(1)(a), F.S., unlicensed practice by an

applicant for licensure.

First Offense:	reprimand and	probation and $500 fine
	$500 fine
Second Offense:	probation and	denial/revocation
	$1,000 fine	and $1,000 fine

(b) Giving false or forged evidence to

obtain a license.

(Sections 468.1745(1)(d), 468.1755(1)(a), F.S.)

First Offense:	probation and	denial/revocation and
	$500 fine	$500 fine
Second Offense:	6 months	denial/revocation
	suspension	and $1,000 fine
	followed by
	probation and
	$1,000 fine

(c) Knowingly employ unlicensed persons.

(Sections 456.072(1)(j), 468.1745(1)(f), 468.1755(1)(a), F.S.)

First Offense:	reprimand and	probation and
	$500 fine	$500 fine
Second Offense:	probation and $500 fine	6 month suspension followed
		by probation and $1,000 fine
Third Offense:	6 months	revocation and
	suspension	$1,000 fine
	followed by
	probation and
	$1,000 fine
(d) No change

(e) Attempting to procure license by

bribery, fraudulent misrepresentation or

error of the Department or Board.

(Sections 456.072(1)(h), 468.1755(1)(b), F.S.)

First Offense:	probation and	denial/revocation
	$500 fine	$500 fine
Second Offense:	6 months	denial/revocation
	suspension	and $1,000 fine
	followed by
	probation and
	$1,000 fine
(f) No change

(g) Criminal conviction relating to practice or

ability to practice nursing home administration.

(Sections 456.072(1)(c), 468.1755(1)(d), F.S.)

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine/denial
Second Offense:	1 year suspension	denial/revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(h) Knowingly making or filing false report.

(Sections 456.072(1)(l), 468.1755(1)(e), F.S.)

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine/denial
Second Offense:	1 year suspension	denial/revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(i) No change

(j) No change

(k) Fraud or deceit in the practice of

nursing home administration.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine
Second Offense:	1 year suspension	revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(l) Negligence or incompetence in the

practice of nursing home administration.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine
Second Offense:	1 year suspension	revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(m) Misconduct in the practice of nursing

home administration including but not limited

to: trust fund violations, Medicaid/insurance

fraud, exploitation of a patient, and undue

influence of a patient.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine
Second Offense:	1 year suspension	revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(n) Violation of previous disciplinary order or

subpoena issued by the Board or Department.

(Sections 456.072(1)(q), 468.1755(1)(i), F.S.)

First Offense:	$1,000 fine	6 months suspension
		followed by probation and $1,000 fine
Second Offense:	6 months	revocation and
	suspension	$1,000 fine
	followed by
	probation and
	$1,000 fine

(o) No change

(p) Practice on a suspended license.

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

First Offense:	$1,000 fine	6 months suspension followed by probation and $1,000 fine
Second Offense:	6 months	revocation and
	suspension	$1,000 fine
	followed by
	probation and
	$1,000 fine

(q) Practice on an inactive license.

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

First Offense:	$1,000 fine	6 months suspension
		followed by probation and $1,000 fine
Second Offense:	6 months	revocation and
	suspension	$1,000 fine
	followed by
	probation and
	$1,000 fine

(r) Practice on a delinquent license.

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

First Offense:	$1,00 fine	6 months suspension
		followed by probation and $1,000 fine
Second Offense:	6 months	revocation
	suspension	and $1,000 fine
	followed by
	probation and
	$1,000 fine

(s) Repeatedly acting inconsistently

with health, safety and welfare of patients.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine
Second Offense:	1 year suspension	revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(t) Inability to practice with skill and safety

due to mental or physical impairment.

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

First Offense:	probation	suspension until the licensee
		can demonstrate to the Board
		that he/she is able to practice
		with reasonable skill and safety and $500 fine
Second Offense:	probation and	suspension until the
	$1,000 fine	licensee can demonstrate to the
		Board that he/she is able to
		practice with reasonable skill and safety and $1,000 fine
Third Offense:	suspension until	revocation and
	licensee can	$1,000 fine
	demonstrate to
	the Board that
	he/she is able
	to practice with
	reasonable skill
	and safety and
	$1,000 fine

(u) Willful or repeated violation of laws

and rules governing nursing homes.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine
Second Offense:	1 year suspension	revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(v) No change

(w) Willfully permitting unauthorized

disclosure of patient information.

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

First Offense:	reprimand and	1 year
	$1,000 fine	suspension
		followed by
		probation
		and $1,000 fine
Second Offense:	1 year suspension	revocation
	followed by	and $1,000
	probation and	fine
	$1,000 fine

(x) Discrimination to staff or patients.

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

First Offense:	reprimand and	1 year
	$1,000 fine	suspension
		followed by
		probation
		and $1,000 fine
Second Offense:	1 year suspension	revocation
	followed by	and $1,000
	probation and	fine
	$1,000 fine

(y) Failure to implement quality

Assurance program.

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

First Offense:	reprimand	reprimand
		and $1,00 fine
Second Offense:	probation and	1 month
	$1,000 fine	Suspension

(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 $5,00010,000.
Second Offense:	For any offense not specifically listed herein, based upon the
	severity of the offense and the potential for patient harm,.
	fromFrom probation to revocation or denial and an administrative
	fine from $500 to $5,00010,000.

(aa) Making misleading, deceptive, or fraudulent

representations in or related to the practice of the

licensee’s profession.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation
		and $1,000 fine
Second Offense:	1 year suspension	revocation and $1,000
	followed by	fine
	probation and
	$1,000 fine

(bb) Intentionally violating any rule adopted by the

Board or the Department, as appropriate.

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

First Offense:	$1,000 fine	6 months suspension
		followed by probation
		and $1,000 fine
Second Offense:	6 months suspension	revocation
	followed by probation	and $1,000
	and $1,000 fine	fine

(cc) No change

(dd) Having been found liable in a civil proceeding

for knowingly filing a false report or complaint

with the Department against another licensee.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine/denial
Second Offense:	1 year suspension	denial/revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(ee) No change

(ff) Aiding, assisting, procuring, or advising

any unlicensed person or entity to practice

a profession contrary to Chapter 456, F.S., the

chapter regulating the profession, or the rules

of the Department or the Board.

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

First Offense:	reprimand and	probation and
	$500 fine	$500 fine
Second Offense:	probation and	6 months
	$500 fine	suspension
		followed by
		probation and
		$1,000 fine
Third Offense:	6 months	revocation and
	suspension	$1,000 fine
	followed by
	probation and
	$1,000 fine

(gg) Failing to perform any statutory or legal

obligation placed upon the licensee.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine/denial
Second Offense:	1 year suspension	denial/revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(hh) Making deceptive, untrue, or fraudulent

representations in or related to the practice of a

profession or employing a trick or scheme in or

related to the practice of a profession.

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

First Offense:	reprimand and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine
Second Offense:	1 year suspension	revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(ii) Practicing or offering to practice beyond the

scope permitted by law or accepting and performing

professional responsibilities the licensee knows, or

has reason to know, the licensee is not competent to

perform.

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

First Offense:	reprimand and	probation and $500
	$500 fine	fine
Second Offense:	probation and	revocation and
	$1,000 fine	$1,000 fine

(jj) Delegating or contracting for the performance

of professional responsibilities by a person when the

licensee delegating or contracting for performance

of such responsibilities knows, or has reason to know,

such person is not qualified by training, experience,

and authorization when required to perform them.

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

First Offense:reprimand andprobation and $500

$500 finefine

Second Offense:probation andrevocation and

$1,000 fine and $1,000 fine

(kk) Improperly interfering with an investigation or

inspection authorized by statute, or with any disciplinary

proceeding.

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

First Offense:	reprimand and	6 months
	$1,000 fine	suspension
		followed by
		probation and
		$1,000 fine
Second Offense:	6 months	revocation and
	suspension	$1,000 fine
	followed by
	probation and
	$1,000 fine

(ll) Engaging or attempting to engage a patient in

verbal or physical sexual activity.

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

First Offense:	probation and	1 year suspension
	$1,000 fine	followed by probation and $1,000 fine
Second Offense:	1 year suspension	revocation and
	followed by	$1,000 fine
	probation and
	$1,000 fine

(mm) No change 

(nn)   No change  

(oo)   No change

(pp)   No change

(qq) Being terminated from a treatment program for impaired

practitioners, which is overseen by an impaired practitioner

consultant as described in Section 456.076, F.S., for failure to

comply, without good cause, with the terms of the monitoring

or treatment contract entered into by the licensee, or for not

successfully completing any drug-treatment or alcohol-treatment

program.

First Offense:	reprimand	probation and $500 fine
Second Offense:	probation and $1,000	revocation and $1,000 fine
	fineFine

(rr) Being convicted of, or entering a plea of guilty

or nolo contendere to, any misdemeanor or felony,

regardless of adjudication, under 18 USC s. 669,

ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341,

s. 1343, s. 1347, s. 1349, or s. 1518, or

42 USC ss. 1320a-7b, relating to the Medicaid

program.

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

First Offense:	Revocation and a $2,500 fine	or in the case of application
	or in the case of application for licensure, denial of license of $10,000	for licensure, denial of  license

(ss) Failing to remit the sum owed to the state for

overpayment from the Medicaid program pursuant

to a final order, judgment, or settlement.

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

First Offense	a letter of concern	probation, and a fine of $500 to $1,000
Second Offense	reprimand	revocation, and a fine of $1,000

(tt) Being terminated from the state Medicaid program,

or any other state Medicaid program or the federal

Medicare program.

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

First Offense:	letter of concern	suspension, and a fine of $500 to $1,000
Second Offense:	reprimand	revocation, and a fine of $1,000

(uu) Being convicted of, or entering into a plea

of guilty or nolo contendere to, any misdemeanor

or felony, regardless of adjudication, which

relates to health care fraud.

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

First Offense:	revocation and a	in the case of
	fine of $10,000 or in the case of application for licensure, denial of license	application for licensure, denial of license

(3) through (4) No change

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. 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,                                              .

 

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: January 13, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 17, 2016