Florida Regulations 64B9-8.003: Citations
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(1) “”Citation”” means an instrument which meets the requirements set forth in Florida Statutes § 456.077, and which is served upon a licensee for the purpose of assessing a penalty in an amount established by this rule.
(2) The Board designates the first instance of the following as citation violations, which shall result in a penalty of $100.00:
(a) Failure to report a misdemeanor to the Board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, in violation of section 456.072(1)(x), F.S.
(b) A first offense of failing to consult the prescription drug monitoring system as required by Florida Statutes § 893.055(8)
(3) The Board designates the second instance of the following as citation violations, which shall result in a penalty of $100.00:
(a) Failure to report address change in violation of Fl. Admin. Code R. 64B9-1.013, provided the licensee was not ordered to do so in a Board disciplinary order.
(b) Failure to submit updates of required information in practitioner profile within 15 days after the final activity that renders such information a fact, as required by Florida Statutes § 456.042
(4) The Board designates the first instance of the following a citation violation, which shall result in a penalty of $1,000: Failure of a program to perform statutory or legal obligation as found in section 456.072(1)(k) F.S., by not complying with a request for data as required by Florida Statutes § 464.019(10)
(5) The Board designates the first instance of 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.
Rulemaking Authority 456.077, 464.006 FS. Law Implemented Florida Statutes § 456.077. 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, 12-11-06, 3-23-08, 12-3-12, 9-14-17, 2-12-19, 7-8-19.
Terms Used In Florida Regulations 64B9-8.003
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(a) Failure to report a misdemeanor to the Board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction, in violation of section 456.072(1)(x), F.S.
(b) A first offense of failing to consult the prescription drug monitoring system as required by Florida Statutes § 893.055(8)
(3) The Board designates the second instance of the following as citation violations, which shall result in a penalty of $100.00:
(a) Failure to report address change in violation of Fl. Admin. Code R. 64B9-1.013, provided the licensee was not ordered to do so in a Board disciplinary order.
(b) Failure to submit updates of required information in practitioner profile within 15 days after the final activity that renders such information a fact, as required by Florida Statutes § 456.042
(4) The Board designates the first instance of the following a citation violation, which shall result in a penalty of $1,000: Failure of a program to perform statutory or legal obligation as found in section 456.072(1)(k) F.S., by not complying with a request for data as required by Florida Statutes § 464.019(10)
(5) The Board designates the first instance of 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.
Rulemaking Authority 456.077, 464.006 FS. Law Implemented Florida Statutes § 456.077. 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, 12-11-06, 3-23-08, 12-3-12, 9-14-17, 2-12-19, 7-8-19.