Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Nursing Home Administrators
RULE NO: RULE TITLE
64B10-14.006: Citations
PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify that citation regards practice on delinquent rather than inactive license; to modify amount of fines for falsely certifying compliance with continuing education hours; to delete requirements to make up missing continuing education units; to delete subsection regarding first-time failure to comply with Rule 64B10-15.001, F.A.C.; to add subsection imposing a fine and payment requirements for tendering a check that is dishonored; to delete requirements that prior to issuance of the citation for the investigator to confirm the status or correction of the violation; and to remove certain potential for harm.
SUMMARY: The rule amendment will clarify that citation regards practice on delinquent rather than inactive license; to modify amount of fines for falsely certifying compliance with continuing education hours; to delete requirements to make up missing continuing education units; to delete subsection regarding first-time failure to comply with Rule 64B10-15.001, F.A.C., to add subsection imposing a fine and payment requirements for tendering a check that is dishonored; to delete requirements that prior to issuance of the citation for the investigator to confirm the status or correction of the violation; and to remove certain potential for harm.
SUMMARY OF STATEMENT 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: 456.073, 456.077 FS.
LAW IMPLEMENTED: 456.077 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., Executive Director, Board of Nursing Home Directors/MQA, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257

THE FULL TEXT OF THE PROPOSED RULE IS:

64B10-14.006 Citations.

(1) through (2) No change.

(3) The following violations with accompanying fines may be disposed of by citation:

(a) Practice on an delinquent inactive license or certificate for less than six months. The fine shall be $50 for each month of practice.

(b) Falsely certifying compliance with continuing education hours required for renewal of licensure or certification. If the individual has no documentation, the fine shall be $1500.00 500.00. If the individual has some documentation, the fine shall be $500. penalty is $25 per missing hour, to a maximum of $500. For failing to provide documentation of the HIV/AIDS course, the fine shall be $100.00. All missing CEUs shall be made up within six months of the date the citation becomes a Final Order.

(c) through (d) No change.

(e) First time failure to comply with Rule 64B10-15.001, F.A.C. The fine shall be $500.00. For each hour of continuing education not completed or completed late, the licensee shall be required to complete one (1) additional hour of continuing education within six (6) months of the issuance of the citation.

(e)(f) No change.

(f)(g) No change.

(4) Tendering a check that is dishonored by the institution upon which it is drawn shall result in a fine of $100 and payment of the check within 30 days. Prior to issuance of the citation, the investigator must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety and welfare, such potential for harm must be removed prior to issuance of the citation.

(5) No change.

Specific Authority 456.073, 456.077 FS. Law Implemented 456.077 FS. History–New 3-1-92, Formerly 21Z-14.006, 61G12-14.006, Amended 7-21-97, Formerly 59T-14.006, Amended 5-15-00, 8-23-00, 2-23-06,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing Home Administrators
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Nursing Home Administrators
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 20, 2007