RULE NO: RULE TITLE
64B9-8.003: Citations
64B9-8.005: Disciplinary Proceedings
64B9-8.006: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: For 64B9-8.003 and 64B9-8.005, it is to add to this rule a citation violation with penalties and a prohibition as unprofessional conduct violating the integrity of a medication administration system or an information technology system. For 64B9-8.006, it is to include revocation in the discipline range for specific violations.
SUMMARY: In 64B9-8.003 and 64B9-8.005, a citation violation with penalties and a prohibition as unprofessional conduct violating the integrity of a medication administration system or an information technology system is added. In 64B9-8.006, revocation in the discipline range for specific violations is included.
SUMMARY 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: 456.072, 456.077, 456.079, 464.006 FS.
LAW IMPLEMENTED: 456.072, 456.077, 456.079, 464.018 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: Joe Baker, Jr., Acting Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B9-8.003 Citations

(1) to (4) No change

(5) The Board designates 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.

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, .

64B9-8.005 Disciplinary Proceedings.

(1) Unprofessional conduct shall include:

(a) to (f) No change

(g) Failure of an ARNP dispensing practitioner to comply with the registration and compliance requirements of Rule 64B9-4.011, F.A.C. or

(h) Violating the integrity of a medication administration system or an information technology system.

(2) No change

(a) to (n) No change

Specific Authority 464.006 FS. Law Implemented 464.018 FS. History–New 11-28-79, Amended 3-16-81, 10-8-81, 9-11-83, Formerly 21O-10.05, Amended 4-21-86, 2-5-87, 8-2-90, 3-12-91, 9-16-91, 4-8-92, 9-29-92, Formerly 21O-10.005, Amended 9-7-93, Formerly 61F7-8.005, Amended 11-6-94, 5-1-95, 11-16-95, Formerly 59S-8.005, Amended 2-18-98, 3-23-00,

2-17-02, .

64B9-8.006 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.

(1) to (2) No change

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

(a) No change

(b) Having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. (Section 464.018(1)(b), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	No change	denial of licensure or $250 fine and suspension to be followed by probation or revocation
SECOND OFFENSE	No change	No change
THIRD OFFENSE	No change	No change

(g) Being found guilty, regardless of adjudication, of a violation of Chapter 817, F.S., relating to fraudulent practices. (Section 464.018(1)(d)3., F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine and suspension

to be followed by a term of

probation or revocation

SECOND OFFENSE

No change

(h) Being found guilty, regardless of adjudication, of a violation of Chapter 800, F.S., relating to lewdness and indecent exposure. (Section 464.018(1)(d)4., F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine, IPN evaluation,

and suspension to be

followed by a term of

probation or revocation

SECOND OFFENSE

No change

(i) No change

(j) Being found guilty, regardless of adjudication, of a violation of Chapter 827, F.S., relating to child abuse. (Section 464.018(1)(d)6., F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine and suspension

to be followed by a term of

probation or revocation

SECOND OFFENSE

No change

(k) Being found guilty, regardless of adjudication, of a violation of Chapter 415, F.S., relating to protection from abuse, neglect, and exploitation. (Section 464.018(1)(d)7., F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine and suspension

to be followed by a term of

probation or revocation

SECOND OFFENSE

No change

(l) Being found guilty, regardless of adjudication, of a violation of Chapter 39, F.S., relating to child abuse, abandonment, and neglect. (Section 464.018(1)(d)8., F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine and suspension

to be followed by a term of

probation or revocation

SECOND OFFENSE

No change

(m) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under Section 435.03, F.S., or under any similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in Section 741.28, F.S. (Section 464.018(1)(e), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine and suspension

to be followed by a term of

probation or revocation

SECOND OFFENSE

No change

(n) to (o) No change

(p) Unprofessional conduct in which case actual injury need not be established. (Section 464.018(1)(h), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	No change	No change
SECOND OFFENSE	No change	No change
THIRD OFFENSE	No change	No change

Unprofessional conduct in which case actual injury has been established. (Section 464.018(1)(h), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

$500 fine and suspension

to be followed by a term of

probation or revocation

SECOND OFFENSE

No change

(q) Engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in Chapter 893, F.S., for any other than legitimate purposes authorized by this part. (Section 464.018(1)(i), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	No change	denial of licensure or $500 fine, IPN evaluation, and suspension to be followed by a term of probation or revocation
SECOND OFFENSE	No change	No change
THIRD OFFENSE	No change	No change

(r) Being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. (Section 456.072(1)(y) or 464.018(1)(j), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	No change	denial of licensure or $500 fine, IPN evaluation, and suspension to be followed by a term of probation or revocation
SECOND OFFENSE	No change	No change
THIRD OFFENSE	No change	No change

(s) to (u) No change

(v) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession. (Section 456.072(1)(a), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine and suspension

to be followed by a term of

probation or revocation

SECOND OFFENSE

No change

(w) to (bb) No change

(cc) 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.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine and suspension

to be followed by a term of

probation or revocation

SECOND OFFENSE

No change

(dd) to (ii) No change

(jj) Engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), F.S. (Section 456.072(1)(u), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

No change

denial of licensure or

$500 fine, IPN evaluation, and suspension to be followed by a term of probation or revocation

SECOND OFFENSE

No change

(kk) to (tt) No change

(uu) Acts of gross negligence, either by omission or commission. (paragraph 64B9-8.005(2)(g), F.A.C.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	No change	$500 fine and suspension to be followed by probation or revocation
SECOND OFFENSE	No change	$750 fine and suspension to be followed by probation or revocation
THIRD OFFENSE	No change	No change

(vv) to (zz) No change

(aaa) Being terminated from or failing to successfully complete an impaired practitioner treatment program (Section 456.072(1)(gg) F.S.):

Minimum: $250 fine and suspension until successful completion or receipt of written confirmation from program that further treatment is neither required nor indicated.

Maximum: Permanent revocation or denial of licensure.

(bbb) Failing to comply with the education course requirements for prevention of medical errors (Section 456.013(7), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine and complete the course	$500 fine and suspension until the course is completed
SECOND OFFENSE	$500 fine and complete the course	$750 fine and suspension until the course is completed
THIRD OFFENSE	$750 fine and suspension until the course is completed plus probation	$1,000 fine and suspension until the course is completed plus probation

(4) to (6) No change

Specific Authority 456.072, 456.079 FS. Law Implemented 456.072, 456.079, 464.018 FS. History–New 2-5-87, Amended 8-12-87, 12-8-87, 11-23-89, 7-28-92, Formerly 21O-10.011, Amended 12-5-93, Formerly 61F7-8.006, Amended 5-1-95, Formerly 59S-8.006, Amended 8-18-98, 7-1-99, 3-23-00, 5-8-00, 5-2-02, 1-12-03, 2-22-04, 8-3-05, .