Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Nursing
RULE NO: RULE TITLE
64B9-8.003: Citations
64B9-8.005: Disciplinary Proceedings
PURPOSE AND EFFECT: The purpose of the amendment in Rule 64B9-8.003 is to provide for a citation to be issued for the use of abusive language to or in front of a patient. The Board has seen a growing number of disciplinary complaints on these grounds and finds that clarifying the inappropriateness of the behavior is necessary. The purpose of the amendment in Rule 64B9-8.005 is to clarify that certified nursing assistants must not work without certification if one is necessary, and adding additional actions that constitute unprofessional conduct, reflecting behavior that is resulting in more complaints now that the Board is regulating certified nursing assistants.
SUMMARY: In Rule 64B9-8.003, provision is made for a citation to be issued for the use of abusive language to or in front of a patient. In Rule 64B9-8.005, it is clarified that certified nursing assistants must not work without certification if one is necessary, and additional actions that constitute unprofessional conduct are added.
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: Rick Garcia, 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) through (2) No change.

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

(a) through (g) No change.

(h) 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) through (5) No change.

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,_________.

 

64B9-8.005 Disciplinary Proceedings.

(1) Unprofessional conduct shall include:

 (a) through (c) No change.

(d) Practicing as a registered or practical nurse or as a certified nursing assistant registered nursing or practical nursing in the State of Florida with a delinquent license for no more than 90 days; or

(e) through (g) No change.

(h) Stealing from a patient.

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

(2) Failing to meet or departing from minimal standards of acceptable and prevailing nursing practice shall include, but not be limited to, the following:

(a) through (m) No change.

(n) Practicing beyond the scope of the licensee’s license, educational preparation or nursing experience; or.

(o) Using force against a patient, striking a patient, or throwing objects at a patient; or

(p) Using abusive, threatening or foul language in front of a patient or directing such language toward a patient.

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, 7-5-06, __________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Nursing
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 07, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 29, 2006