1. (1) The Board is authorized by law to protect the public from certified nursing assistants (CNAs) who do not meet minimum requirements for safe practice or who pose a danger to the public. The suspensions, restrictions of practice, and conditions of probation used by the Board in discharging its duties under Sections 456.072 and 464.204, F.S., shall include, but are not limited to, the following:

   1. (a) Suspension until appearance before the Board or for a definite time period and demonstration of ability to practice safely.
   2. (b) Suspension until appearance before the Board, or for a definite time period, and submission of mental or physical examinations from professionals specializing in the diagnosis or treatment of the suspected condition, completion of counseling, completion of continuing/in-service education, demonstration of sobriety and ability to practice safely.
   3. (c) Suspension until fees and fines paid or until proof of Board mandated continuing/in-service education completion submitted.
   4. (d) Suspension until evaluation by and treatment in the Intervention Project for Nurses. In cases involving substance abuse, chemical dependency, sexual misconduct, physical or mental conditions which may hinder the ability to practice safely, the Board finds participation in the IPN under a stayed suspension to be the preferred and most successful discipline.
   5. (e) Suspension stayed so long as the registrant complies with probationary conditions.
   6. (f) Probation with the minimum conditions of not violating laws, rules, or orders related to the ability to practice as a CNA safely, keeping the Board advised of the CNA’s address and employment, and supplying both timely and satisfactory probation and employer/supervisor reports.
   7. (g) Probation with specified continuing/in-service education courses in addition to the minimum conditions. In those cases involving unprofessional conduct or substandard practice, including recordkeeping, the Board finds continuing/in-service education directed to the practice deficiency to be the preferred punishment.
   8. (h) Probation with added conditions of random drug screens, abstention from alcohol and drugs, participation in narcotics or alcoholics anonymous, psychological counseling, the prohibition on agency work, or the requirement that work must be under direct supervision on a regularly assigned unit.
   9. (i) Personal appearances before the Board to monitor compliance with the Board’s order.
   10. (j) Administrative fine and payment of costs associated with probation or professional treatment.
2. (2) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners and applicants for licensure guilty of violating Chapters 456 and 464, F.S. The purpose of the disciplinary guidelines is to give notice to registrants and applicants of the range of penalties which will normally be imposed upon violations of particular provisions of Chapters 456 and 464, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapters 456 and 464, F.S., or the rules promulgated thereto, or other unrelated violations will be grounds for enhancement of penalties. All penalties set forth in the guidelines include lesser penalties, i.e., reprimand and or course-work which may be included in the final penalty at the Board’s discretion.

3. (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:

   1. (a) Being found guilty, regardless of adjudication, of a forcible felony as defined in Chapter 776, F.S.

      (Section 464.018(1)(d)1., F.S.)

1. (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.)

1. (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.)

1. (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.)

1. (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.)

1. (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.)

1. (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.)

1. (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.)

1. (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.)

1. (j) False, misleading, or deceptive advertising.

   (Section 464.018(1)(g), F.S.)

1. (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.)

1. (l) Failing to report to the department any person who the registrant knows is in violation of this part or of the rules of the department or the board; however, if the registrant verifies that such person is actively participating in a board-approved program for the treatment of a physical or mental condition, the registrant is required to report such person only to an impaired professionals consultant.

   (Section 464.018(1)(k) or 456.072(1)(i), F.S.)

1. (m) Making misleading, deceptive, or fraudulent representations in or related to the practice of the registrant’s profession.

   (Section 456.072(1)(a), F.S.)

1. (n) Knowingly violating any provision of this part, a rule of the board or the department, or a lawful order of the board or department previously entered in a disciplinary proceeding or failing to comply with a lawfully issued subpoena of the department.

   (Sections 456.072(1)(b) 456.072(1)(q), 456.072(1)(dd) and 464.018(1), F.S.)

1. (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.

   (Sections 456.072(1)(c), 464.018(1)(c), F.S.)

1. (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.

   (Sections 456.072(1)(f), 464.018(1)(b), F.S.)

1. (q) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another registrant.

   (Section 456.072(1)(g), F.S.)

1. (r) Procuring, 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.

   (Sections 456.072(1)(h), 464.018(1)(a), F.S.)

1. (s) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapters 456, and 464, F.S., or the rules of the department or the board.

   (Section 456.072(1)(j), F.S.)

1. (t) Failing to perform any statutory or legal obligation placed upon a registrant.

   (Section 456.072(1)(k), F.S.)

1. (u) Making or filing a report which the registrant knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so.

   (Sections 456.072(1)(l), 464.018(1)(f), F.S.)

1. (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.)

1. (w) Exercising influence on the patient or client for the purpose of financial gain of the registrant or a third party.

   (Section 456.072(1)(n), F.S.)

1. (x) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the registrant knows, or has reason to know, the registrant is not competent to perform.

   (Section 456.072(1)(o), F.S.)

1. (y) Delegating or contracting for the performance of professional responsibilities by a person when the registrant delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.

   (Section 456.072(1)(p), F.S.)

1. (z) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

   (Section 456.072(1)(r), F.S.)

1. (aa) Engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), F.S.

   (Section 456.072(1)(v), F.S.)

1. (bb) Failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application.

   (Section 456.072(1)(w), F.S.)

1. (cc) Failing to report to the board, or the department if there is no board, in writing within 30 days after the registrant has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this paragraph must be reported in writing to the board, or department if there is no board, on or before October 1, 1999.

   (Section 456.072(1)(x), F.S.)

1. (dd) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers or persons involved in accidents pursuant to Section 316.066, F.S., or using information published in a newspaper or other news publication or through a radio or television broadcast that has used information gained from such reports, for the purposes of commercial or any other solicitation whatsoever of the people involved in such accidents.

   (Section 456.072(1)(y), F.S.)

1. (ee) Being unable to practice as a CNA with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition.

   (Sections 456.072(1)(z) and 464.018(1)(j), F.S.)

1. (ff) Testing positive for any drug, as defined in Section 112.0455, F.S., on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using such drug.

   (Section 456.072(1)(aa), F.S.)

1. (gg) Performing or attempting to perform health care services on the wrong patient, a wrong-site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition.

   (Section 456.072(1)(bb), F.S.)

1. (hh) Being terminated from or failing to successfully complete an impaired practitioner treatment program.

   (Section 456.072(1)(hh), F.S.):

1. (ii) Failing to meet minimal standards of acceptable and prevailing CNA practice, or engaging in unprofessional conduct, as defined in Rule 64B9-8.005, F.A.C.

   (Rule 64B9-15.0015, F.A.C.; Section 464.018(1)(h), F.S.):

1. (jj) Using a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted under Section 501.122(2), F.S., governing the registration of the devices.

   (Section 456.072(1)(d), F.S.)

1. (kk) Failing to identify through written notice, which may include the wearing of a name tag, or orally to a patient the type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner must identify the type of license the practitioner holds. This paragraph does not apply to a practitioner while the practitioner is providing services in a facility licensed under Chapter 394, 395, 400, or 429, F.S. Each board, or the department where there is no board, is authorized by rule to determine how its practitioners may comply with this disclosure requirement.

   (Section 456.072(1)(t), F.S.)

1. (ll) Failing to comply with the requirements of Sections 381.026 and 381.0261, F.S., to provide patients with information about their patient rights and how to file a patient complaint.

   (Section 456.072(1)(u), F.S.)

1. (mm) With respect to making a personal injury protection claim as required by Section 627.736, F.S., intentionally submitting a claim, statement, or bill that has been “upcoded” as defined in Section 627.732, F.S.

   (Section 456.072(1)(ee), F.S.)

1. (nn) With respect to making a personal injury protection claim as required by Section 627.736, F.S., intentionally submitting a claim, statement, or bill for payment of services that were not rendered.

   (Section 456.072(1)(ff), F.S.)

1. (oo) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.

   (Section 456.072(1)(ii), F.S.)

1. (pp) Failing to remit the sum owed to the state for an overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement or failing to comply with 456.0625, F.S., relating to refunding overpayments to patients.

   (Sections 456.072(1)(jj), F.S. and 456.072(1)(tt), F.S.)

1. (qq) Being terminated from the state Medicaid program pursuant to section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored.

   (Section 456.072(1)(kk), F.S.)

1. (rr) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.

   (Section 456.072(1)(ll), F.S.)

1. (4) In licensure and disciplinary matters involving impairment, the applicant or registrant may be referred to IPN in addition to the imposition of the above-outlined disciplinary action.
2. (5) (a) The Board shall be entitled to deviate from the foregoing guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence, presented to the Board prior to the imposition of a final penalty at informal hearing. If a formal hearing is held, any aggravating or mitigating factors must be submitted to the hearing officer at formal hearing. At the final hearing following a formal hearing, the Board will not hear additional aggravating or mitigating evidence.

3. (b) Circumstances which may be considered for purposes of mitigation or aggravation of penalty shall include, but are not limited to, the following:

   1. The danger to the public.

   2. Previous disciplinary action against the registrant in this or any other jurisdiction.

   3. The length of time the registrant has practiced.

   4. The actual damage, physical or otherwise, caused by the violation.

   5. The deterrent effect of the penalty imposed.

   6. Any efforts at rehabilitation.

   7. Attempts by the registrant to correct or stop violations, or refusal by the registrant to correct or stop violations.

   8. Cost of treatment.

   9. Financial hardship.

   10. Cost of disciplinary proceedings.

4. (6) In instances when a registrant or applicant is found guilty of any of the above offenses involving fraud or making a false or fraudulent representation, the Board shall impose a fine of $10,000.00 per count or offense.
5. (7) Unless stated otherwise in the Final Order, fines and costs are payable within 12 months of filing of the order for each $1,000 or portion thereof.

Rulemaking Authority 464.204 FS. Law Implemented 456.072, 464.204 FS. History–New 10-28-02, Amended 8-12-07, 8-3-08, 10-16-12, 5-17-16, 8-22-21, 1-1-26.