64B9-15.009: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: The purpose and effect is to adjust the range of disciplinary guidelines for some violations.
SUMMARY: The range of disciplinary guidelines for some violations is adjusted.
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: 464.204 FS.
LAW IMPLEMENTED: 456.079, 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: 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:
64B9-15.009 Disciplinary Guidelines;
(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) No change.
(b) Being found guilty, regardless of adjudication, of a violation of Chapter 812, F.S., relating to theft, robbery, and related crimes. (Section 464.018(1)(d)2., F.S.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(c) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(d) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine, IPN evaluation, and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(e) Being found guilty, regardless of adjudication, of a violation of Chapter 784, F.S., relating to assault, battery, and culpable negligence. (Section 464.018(1)(d)5., F.S.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(f) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(g) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(h) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(i) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(j) No change.
(k) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $50 fine, IPN evaluation and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
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THIRD OFFENSE |
No change |
No change |
(l) through (n) No change.
(o) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of a certified nursing assistant or to the ability to practice as a certified nursing assistant. (Section 456.072(1)(c), F.S.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(p) Having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure or certification, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law.
(Section 456.072(1)(f), F.S.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
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THIRD OFFENSE |
No change |
No change |
(q) No change.
(r) Procuring, or attempting to procure, or renewing certification to practice as a CNA by bribery, by knowing misrepresentations, or through an error of the department or the board. (Section 456.072(1)(h), F.S.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
No change |
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SECOND OFFENSE |
No change |
No change |
(s) through (u) No change.
(v) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $100 fine and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(w) through (z) No change.
(aa) 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.)
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MINIMUM |
MAXIMUM |
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FIRST OFFENSE |
No change |
denial of certification or $125 fine, IPN evaluation and suspension to be followed by a term of probation or revocation |
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SECOND OFFENSE |
No change |
No change |
(bb) through (gg) No change.
(hh) Being terminated from or failing to successfully complete an impaired practitioner treatment program (Section 456.072(1)(gg) F.S.):
Minimum: $150 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.
(4) through (6) No change.
(7) Unless stated otherwise in the Final Order, fines are payable within sixty days ot the filing of the order.
(8) Individuals may file a petition for indigent status with the board office. The petition must include, at a minimum, the following financial information:
(a) Net income, consisting of total salary and wages, minus deductions required by law, including court-ordered support payments.
(b) Other income, including, but not limited to, social security benefits, union funds, veterans’ benefits, workers’ compensation, other regular support from absent family members, public or private employee pensions, unemployment compensation, dividends, interest, rent, trusts, and gifts.
(c) Assets, including, but not limited to, cash, savings accounts, bank accounts, stocks, bonds, certificates of deposit, equity in real estate, and equity in a boat or a motor vehicle or in other tangible property.
(d) All liabilities and debts.
(9) Upon review and approval by the Executive Director, the Department may issue an order for monthly payment plan within the following parameters:
(a) For fines and costs up to $2,000, payments may be distributed over a period not to exceed 36 months
(b) For fines and costs up to $5,000, payments may be distributed over a period not to exceed 60 months
(c) For fines and costs over $5,000, payments may be distributed over a period not to exceed 180 months at a minimum payment of $100 per month
Specific Authority 464.204 FS. Law Implemented 456.079, 464.204 FS. History–New