64B9-8.005: Disciplinary Proceedings
PURPOSE AND EFFECT: The purpose of the amendment is to revise the rule title and to eliminate actions that constitute violations of specific provisions of Chapters 464 and 456, F.S.
SUMMARY: The rule title is revised and actions that constitute violations of specific provisions of Chapters 464 and 456, F.S. are eliminated.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board has determined that the proposed rule will not have an impact on small business.
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: 464.006, 464.018(1)(h) FS.
LAW IMPLEMENTED: 464.018(1)(h) 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:
64B9-8.005 Unprofessional Conduct Disciplinary Proceedings.
(1) Unprofessional conduct shall include:
(1)(a) Inaccurate recording; or
(2)(b) Misappropriating drugs, supplies or equipment; or
(3)(c) Leaving a nursing assignment without advising licensed nursing personnel; or
(d) Practicing as a registered or practical nurse or as a certified nursing assistant in the State of Florida with a delinquent license for no more than 90 days; or
(e) Acts of negligence either by omission or commission; or
(f) Submitting the attestation of 24 hours of continuing education and one hour continuing education on domestic violence for licensure renewal under Rule 64B9-3.013, F.A.C., when the licensee has not attended or completed all such hours in the biennium; or
(g) Failure of an ARNP dispensing practitioner to comply with the registration and compliance requirements of Rule 64B9-4.011, F.A.C.; or
(4)(h) Stealing from a patient;
(5)(i) 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:
(6)(a) Falsifying or altering of patient records or nursing progress records, employment applications or time records; or
(b) Administering medications or treatments in negligent manner; or
(c) Misappropriating drugs; or
(7)(d) Violating the confidentiality of information or knowledge concerning a patient; or
(8)(e) Discriminating Discrimination on the basis of race, creed, religion, sex, age or national origin, in the rendering of nursing services as it relates to human rights and dignity of the individuals; or
(9)(f) Engaging in fraud, misrepresentation, or deceit in taking the licensing examination; or
(g) Aiding and abetting the practice of registered nursing or practical nursing by any person not licensed as a registered nurse or a licensed practical nurse; or
(10)(h) Impersonating another licensed practitioner, or permitting another person to use his certificate for the purpose of practicing nursing for compensation; or
(i) Acts of gross negligence, either by omission or commission; or
(j) Exercising influence on a patient in such a manner as to exploit the patient for financial gain of the licensee or a third party; or
(k) Testing positive for any drugs under Chapter 893, F.S., on any drug screen when the nurse does not have a prescription and legitimate medical reason for using such drug; or
(l) Violation of a Board order entered in a licensure proceeding; or
(11)(m) Providing false or incorrect information to the employer regarding the status of the license; or
(12) Testing positive for any drugs under Chapter 893, F.S., on any drug screen when the nurse does not have a prescription and legitimate medical reason for using such drug;
(13)(n) Practicing beyond the scope of the licensee's license, educational preparation or nursing experience;
(14)(o) Using force against a patient, striking a patient, or throwing objects at a patient; or
(15)(p) Using abusive, threatening or foul language in front of a patient or directing such language toward a patient.
Specific Authority 464.006, 464.018(1)(h) FS. Law Implemented 464.018(1)(h) 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, 12-11-06,_________.