reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-5 - CONTINUING EDUCATION REQUIREMENTS › Section 64B9-5.009 - Continuing Education on HIV/AIDS (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.033,
					 464.006 FS. Law Implemented
					 456.033
					 FS.
New 4-6-92, Amended 9-22-92, Formerly 21O-19.002, Amended
					 9-13-93, Formerly 61F7-5.009, Amended 5-2-95, Formerly 59S-5.009, Repealed
					 5-16-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-5 - CONTINUING EDUCATION REQUIREMENTS › Section 64B9-5.010 - Continuing Education of Domestic Violence (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.587,
					 456.031,
					 464.006 FS. Law Implemented
					 455.587,
					 456.031
					 FS.
New 11-16-95, Formerly 59S-5.010, Amended 10-23-02,
					 Repealed 4-22-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-5 - CONTINUING EDUCATION REQUIREMENTS › Section 64B9-5.011 - Continuing Education on Prevention of Medical Errors

Current through Reg. 50, No. 138; July 16, 2024
To receive Board approval, each course on prevention of
				  medical errors shall consist of a minimum of at least two (2) hours of
				  classroom or an equivalent home study program and shall include at a minimum
				  the following subject areas:
(1)
				Factors that impact the occurrence of medical errors;
(2) Recognizing error-prone
				situations;
(3) Processes to
				improve patient outcomes;
(4)
				Responsibilities for reporting;
(5)
				Safety needs of special populations;
(6) Public education.
Rulemaking Authority
					 456.013(7) FS.
					 Law Implemented 456.013(7)
					 FS.
New 5-2-02, Amended
					 1-10-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-5 - CONTINUING EDUCATION REQUIREMENTS › Section 64B9-5.012 - Continuing Education on End of Life (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.031(1)(c),
					 456.033(3) FS.
					 Law Implemented 456.031(1)(c),
					 456.033(3)
					 FS.
New 1-28-02, Repealed
					 4-22-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-5 - CONTINUING EDUCATION REQUIREMENTS › Section 64B9-5.013 - Continuing Education on Laws and Rules

Current through Reg. 50, No. 138; July 16, 2024
Each 2 hour laws and rules course composed of current content
				  on Chapters 456 and 464 of the Florida Statutes, and the rules in Division 64B9
				  of the Florida Administrative Code, is approved by the Board.
Rulemaking Authority
					 464.013 FS. Law Implemented
					 464.013
					 FS.
New 4-21-13, Amended
					 1-10-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-5 - CONTINUING EDUCATION REQUIREMENTS › Section 64B9-5.014 - Continuing Education for Recognizing Impairment in the Workplace

Current through Reg. 50, No. 138; July 16, 2024
Each course on recognizing impairment in the workplace shall
				  include, at a minimum, the following subject areas:
(1) Identifying the signs of impairment in
				the workplace;
(2) Employer
				initiatives to promote safety and provide assistance;
(3) The essential steps to make a report or
				referral;
(4) Mandatory reporting
				law, Section 464.018, F.S.;
(5) Treatment programs for impaired
				practitioners, Section
				456.076, F.S.; and,
(6) Impairment
				treatment.
Rulemaking Authority
					 464.013(3) FS.
					 Law Implemented 464.013(3)
					 FS.
New 11-5-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-6 - INACTIVE STATUS AND REACTIVATION OF INACTIVE LICENSE › Section 64B9-6.001 - Delinquent Status; Obtaining Inactive Status (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.036,
					 464.006,
					 464.014 FS. Law Implemented
					 456.036,
					 464.014,
					 464.016
					 FS.
New 2-5-87, Formerly 21O-14.003, 61F7-6.001, Amended
					 1-1-96, Formerly 59S-6.001, Amended 3-14-00, 1-11-15, Repealed
					 11-1-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-6 - INACTIVE STATUS AND REACTIVATION OF INACTIVE LICENSE › Section 64B9-6.002 - Biennial Renewal of Inactive Status

Current through Reg. 50, No. 138; July 16, 2024
(1) An inactive license must be renewed
				biennially during the biennium renewal period for active licenses prescribed by
				the Department. Sixty (60) days prior to the end of the biennium, the
				Department shall mail a notice of renewal of inactive status to each inactive
				licensee.
(2) In order to renew an
				inactive license, the licensee shall remit a fee for renewal of inactive status
				in the amount specified in Rule
				64B9-7.001,
				F.A.C.
Rulemaking Authority
					 464.006,
					 464.014 FS. Law Implemented
					 464.014
					 FS.
New 2-5-87, Formerly 21O-14.004, 61F7-6.002,
					 59S-6.002.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-6 - INACTIVE STATUS AND REACTIVATION OF INACTIVE LICENSE › Section 64B9-6.003 - Reactivation of Inactive License

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				inactive license may be reactivated upon accessing the licensee's account
				through the on-line portal at
http://www.flhealthsource.gov/
or
				contacting the Board via MQA.Nursing@flhealth.gov and by paying the fee set
				forth in Rule 64B9-7.001, F.A.C.
(2) Any licensee applying for an active
				status license who does not currently hold an active license in good standing
				in another state, and the license has been in inactive status for five (5)
				years or more, will be required to complete a nursing remedial course as
				described in Rule 64B9-3.0025, F.A.C., with
				clinical component appropriate to the licensure level of the
				licensee.
Rulemaking Authority
					 456.013,
					 456.036,
					 464.006,
					 464.014 FS. Law Implemented
					 456.013,
					 456.036,
					 456.0635,
					 464.014
					 FS.
New 2-5-87, Amended 10-21-87, 6-21-88, Formerly 21O-14.005,
					 Amended 9-7-93, 1-26-94, Formerly 61F7-6.003, Amended 1-1-96, Formerly
					 59S-6.003, Amended 3-14-00, 10-25-10, 10-16-16, 10-14-20,
					 7-7-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-6 - INACTIVE STATUS AND REACTIVATION OF INACTIVE LICENSE › Section 64B9-6.004 - Retired Licensure Status

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				licensee wishing to change to retired licensure status during the renewal
				period must pay the retired license fee. If the change to retired licensure
				status is outside the renewal period, the change of status fee shall also be
				paid. These fees are set forth in Rule
				64B9-7.001, F.A.C.
(2) A retired status license may be
				reactivated upon accessing the licensee's account through the on-line portal at
http://www.flhealthsource.gov
or
				contacting the Board via MQA.NursingAppStatus@flhealth.gov, payment of the fees
				as set forth in Rule 64B9-7.001, F.A.C., and
				compliance with the provisions of Section
				456.036(11),
				F.S.
(3) Any licensee applying for
				an active status license who does not currently hold an active license in good
				standing in another state, and the license has been in retired status for five
				(5) years or more, will be required to complete a nursing remedial course as
				described in Rule 64B9-3.0025, F.A.C., with
				clinical component appropriate to the licensure level of the licensee. The
				remedial course must be given at a Board-approved program, and must include at
				least 80 hours of classroom instruction and 96 hours of clinical experience in
				medical/surgical nursing and any specialty area of practice of the
				licensee.
Rulemaking Authority
					 456.036(10),
					 (15) FS. Law Implemented
					 456.036(2), (4)(b), (10), (11),
					 (15)
					 FS.
New 9-4-06, Amended
					 7-7-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-7 - FEES › Section 64B9-7.001 - Fees

Current through Reg. 50, No. 138; July 16, 2024
The following fees are prescribed by the Board.
(1) For application to sit for the
				examination as provided in section
				464.008, F.S.:
(a) For registered nurse and licensed
				practical nurse fifty dollars ($50.00).
(b) Applicants for the NCLEX-CAT examination
				must pay the fee for sitting for the examination directly to the examination
				vendor.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-7 - FEES › Section 64B9-7.002 - Duplicate License Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.025(7),
					 (10),
					 464.006 FS. Law Implemented
					 456.025(7),
					 (10)
					 FS.
New 1-1-92, Formerly 21O-15.002, 61F7-7.002, 59S-7.002,
					 Amended 6-20-00, Repealed 11-1-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.001 - The Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				determination as to whether probable cause exists shall be made by a majority
				vote of a probable cause panel of the Board.
(2) The Board establishes two probable cause
				panels of two persons each to be appointed by the Chair of the Board. The Chair
				may appoint an additional probable cause panel if necessary based on the volume
				of cases represented to the panels.
(3) If a case needs to be reconsidered by the
				probable cause panel for any reason, the case must be taken to the panel which
				initially considered it.
(4) The
				panel shall recommend penalties based on the material submitted by the
				Department, the Board's past treatment of similar cases, and the Board's
				disciplinary guidelines. Terms shall be subject to approval or rejection by the
				full Board.
Rulemaking Authority
					 456.073(4),
					 464.006 FS. Law Implemented
					 456.073(4), (6)
					 FS.
New 11-28-79, Amended 11-22-84, Formerly 21O-10.04, Amended
					 4-8-92, 9-22-92, Formerly 21O-10.004, 61F7-8.001, Amended 5-1-95, Formerly
					 59S-8.001, Amended 8-18-98, 4-28-99, 12-13-11, 5-15-14,
					 10-28-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.003 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) "Citation" means an instrument which
				meets the requirements set forth in section
				456.077, F.S., 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 section
				893.055(8),
				F.S.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.0045 - Minor Violations

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of Section
				  456.073(3),
				  F.S., the Board deems the following violations to be minor:
(1) False, deceptive or misleading
				advertising in violation of Section
				464.018(1)(g),
				F.S., provided no criminal prosecution resulted;
(2) Issuance of a worthless bank check to the
				Department or to the Board in violation of Section
				464.018(1)(a),
				F.S., provided the licensee does not continue to practice on an inactive
				license or the check was not in payment of a Board ordered administrative
				fine;
(3) Failure to report address
				change in violation of Rule
				64B9-1.013, F.A.C., provided the
				licensee was not ordered to do so in a Board disciplinary order;
(4) Improper use of a nursing title under
				Section 464.015, F.S., provided no
				practice issue was involved or no criminal prosecution
				resulted.
Rulemaking Authority
					 120.695,
					 456.073(3),
					 464.006 FS. Law Implemented
					 120.695,
					 456.073(3)
					 FS.
New 11-16-95, Formerly
					 59S-8.0045.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.005 - Unprofessional Conduct

Current through Reg. 50, No. 138; July 16, 2024
Unprofessional conduct shall include:
(1) Inaccurate recording;
(2) Misappropriating drugs, supplies or
				equipment;
(3) Leaving a nursing
				assignment without advising licensed nursing personnel;
(4) Stealing from a patient;
(5) Violating the integrity of a medication
				administration system or an information technology system;
(6) Falsifying or altering of patient records
				or nursing progress records, employment applications or time records;
(7) Violating the confidentiality of
				information or knowledge concerning a patient;
(8) Discriminating 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;
(9) Engaging in fraud,
				misrepresentation, or deceit in taking the licensing examination;
(10) Impersonating another licensed
				practitioner, or permitting another person to use his certificate for the
				purpose of practicing nursing;
(11)
				Providing false or incorrect information to the employer regarding the status
				of the license;
(12) Practicing
				beyond the scope of the licensee's license, educational preparation or nursing
				experience;
(13) Using force
				against a patient, striking a patient, or throwing objects at a
				patient;
(14) Using abusive,
				threatening or foul language in front of a patient or directing such language
				toward a patient;
(15) Accepting a
				gift from a patient the value of which exceeds the employer's policy regarding
				gifts;
(16) Knowingly obtaining or
				using or attempting to obtain or use a patient's property with the intent to
				temporarily or permanently deprive the patient of the use, benefit or
				possession of the funds, assets or property, or to benefit someone other than
				the patient;
(17) Delegating the
				performance of professional responsibilities to a person who the licensee
				knows, or has reason to know, is not qualified by training, experience, or
				authorization to perform them.
Rulemaking Authority
					 464.006,
					 464.018(1)(h)
					 FS. Law Implemented 464.018(1)(h)
					 FS.
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, 4-28-09, 4-9-14, 11-1-17,
					 1-25-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.006 - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				legislature created the Board to assure protection of the public from nurses
				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
				464.018 and
				456.072, F.S., shall include,
				but are not limited to, the following:
(a)
				Suspension until appearance before the Board or for a definite time period and
				demonstration of ability to practice safely.
(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
				education, and ability to practice safely.
(c) Suspension until fees and fines paid or
				until proof of continuing education completion submitted.
(d) Suspension until evaluation by and
				treatment in the Intervention Project for Nurses.
(e) Suspension stayed so long as the licensee
				complies with probationary conditions.
(f) Probation with the minimum conditions of
				not violating laws, rules, or orders related to the ability to practice nursing
				safely, keeping the Board advised of the nurse's address and employment, and
				supplying both timely and satisfactory probation and employer/supervisor
				reports, or the requirement that work must be under direct supervision on a
				regularly assigned basis.
(g)
				Probation with specified continuing education courses in addition to the
				minimum conditions. In those cases involving unprofessional conduct or
				substandard practice, including recordkeeping, the Board finds continuing
				education directed to the practice deficiency to be the preferred
				punishment.
(h) Personal
				appearances before the Board to monitor compliance with the Board's
				order.
(i) Administrative fine and
				payment of costs associated with probation or professional
				treatment.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.007 - Continuances (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 464.006 FS. Law Implemented
					 120.53,
					 120.57,
					 464.018
					 FS.
New 9-11-83, Amended 2-27-84, Formerly 21O-10.07, Amended
					 4-8-92, Formerly 21O-10.007, 61F7-8.007, 59S-8.007, Repealed
					 12-7-97.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.008 - Deadline for Submission of Material (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 464.006 FS. Law Implemented
					 120.53,
					 120.57,
					 464.018
					 FS.
New 9-11-83, Amended 8-12-84, Formerly 21O-10.08,
					 21O-10.008, 61F7-8.008, 59S-8.008, Repealed
					 12-7-97.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.009 - Payment of Fines

Current through Reg. 50, No. 138; July 16, 2024
Unless stated otherwise in the Final Order, fines and costs
				  are payable within 12 months of the filing of the order for each $1, 000.00 or
				  portion thereof.
Rulemaking Authority
					 456.072(4),
					 464.006 FS. Law Implemented
					 456.072(4)
					 FS.
New 9-11-83, Formerly 21O-10.06, 21O-10.006, 61F7-8.009,
					 59S-8.009, Amended 3-19-09, 8-7-12,
					 4-10-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.011 - Reinstatement of Suspended Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1)
				When the Board has suspended the license of a nurse, the licensee, by petition
				shall demonstrate to the Board, compliance with all terms and conditions of the
				final order and the present ability to engage in the safe practice of nursing
				to obtain reinstatement.
(2) In
				order to demonstrate the present ability to engage in the safe practice of
				nursing, the nurse must submit evidence which may include:
(a) Completion of continuing education
				courses approved by the Board, particularly if the disciplinary action resulted
				from unsafe practice or the nurse has been out of practice for a number of
				years.
(b) Participation in nursing
				programs, including refresher courses, clinical skills courses, and any Board
				approved nursing education programs leading to licensure in this state,
				particularly if the nurse has been out of practice for a number of
				years.
(c) Submission of
				evaluations of mental or physical examinations by appropriate professionals
				which attest to the nurse's present ability to engage in safe practice or
				conditions under which safe practice can be attained.
(d) Completion of treatment within a program
				designed to alleviate alcohol or other chemical dependencies, including
				necessary aftercare measures or a plan for continuation of such treatment as
				appropriate.
(e) Other educational
				achievements, employment background, references, successful completion of
				criminal sanctions imposed by the courts, or other factors which would
				demonstrate rehabilitation and present ability to engage in the safe practice
				of nursing.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.012 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
The Board finds that mediation is an acceptable resolution
				  for the first instance of the following violations:
(1) Issuance of a worthless bank check to the
				Department or the Board for initial licensure or renewal of license, provided
				the licensee does not practice on a delinquent license.
(2) Failure to report address changes in
				violation of Rule 64B9-1.013, F.A.C., provided the
				failure does not constitute failure to comply with an order of the
				Board.
(3) Failure to pay fines and
				investigative costs by the time ordered.
(4) Failure to timely submit documentation of
				completion of continuing education imposed by Board order.
(5) Failure to update a practitioner profile
				within 15 days as required by Section
				456.042,
				F.S.
Rulemaking Authority
					 456.078 FS. Law Implemented
					 456.078
					 FS.
New 11-6-94, Formerly 59S-8.012, Amended 12-3-12,
					 1-4-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.013 - Statements of Material Disputed Facts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 464.006 FS. Law Implemented
					 120.53(1)(b),
					 (c),
					 455.225(5)
					 FS.
New 11-16-95, Formerly 59S-8.013, Repealed
					 12-7-97.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-8 - HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE › Section 64B9-8.014 - Continuous Sobriety (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 464.006 FS. Law Implemented
					 464.008(1)(c),
					 464.018(1)(j)
					 FS.
New 6-11-97, Formerly 59S-8.014, Repealed
					 4-22-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-9 - IMPAIRED NURSE PROGRAM › Section 64B9-9.002 - HIV/AIDS: Knowledge of Antibody Status; Action to be Taken (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.033,
					 464.006 FS. Law Implemented
					 456.033,
					 464.018(1)(j)
					 FS.
New 9-22-92, Formerly 21O-18.005, 61F7-9.002, 59S-9.002,
					 Repealed 11-1-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-11 - MAINTENANCE OF MEDICAL RECORDS › Section 64B9-11.001 - Medical Records of Deceased Nurse

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Each Registered Nurse (RN), or Advanced Practice Registered Nurse (APRN)
				engaged in private practice, who maintains possession of client/patient medical
				records, shall ensure that the executor, administrator, personal representative
				or survivor of such licensee shall arrange to maintain those medical records in
				existence upon the death of the licensee for a period of at least two (2) years
				from the date of the death of the licensee.
(2) Within one (1) month from the date of
				death of the licensee, the executor, administrator, personal representative or
				survivor shall cause to be published in the newspaper of greatest general
				circulation in the county where the licensee practice, a notice indicating to
				the clients/patients of the deceased licensee that the nurse's medical records
				are available to the clients/ patients or their duly constituted representative
				from a specific person at a certain location.
(3) At the conclusion of a 24-month period of
				time from the date of death of the licensee or thereafter the executor,
				administrator, personal representative or survivor shall cause to be published
				once during each week for four (4) consecutive weeks, in the newspaper of
				greatest general circulation in the county where the licensee practiced, a
				notice indicating to the clients/patients of the deceased nurse that
				client/patient records will be disposed of or destroyed one (1) month or later
				from the last day of the fourth week of publication of
				notice.
Rulemaking Authority
					 456.058 FS. Law Implemented
					 456.058
					 FS.
New 2-14-90, Formerly 21O-22.001, 61F7-11.001, 59S-11.001,
					 Amended 1-3-12, 5-17-16, 7-30-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-12 - ADMINISTRATION OF INTRAVENOUS THERAPY BY LICENSED PRACTICAL NURSES › Section 64B9-12.001 - Statement of Intent and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 464.006 FS. Law Implemented
					 464.003(3)(b)
					 FS.
New 1-16-91, Formerly 21O-21.001, 61F7-12.001, 59S-12.001,
					 Repealed 11-1-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-12 - ADMINISTRATION OF INTRAVENOUS THERAPY BY LICENSED PRACTICAL NURSES › Section 64B9-12.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Administration of Intravenous Therapy"
				is the therapeutic infusion and/or injection of substances through the venous
				peripheral system, consisting of activity which includes: observing,
				initiating, monitoring, discontinuing, maintaining, regulating, adjusting,
				documenting, planning, intervening and evaluating.
(2) "Under the direction of a registered
				nurse" means that the registered nurse has delegated intravenous therapy
				functions to a qualified licensed practical nurse. The registered nurse does
				not in all instances have to be on the premises in order for the licensed
				practical nurse to perform the delegated functions.
(3) "Direct supervision" means on the
				premises and immediately physically available.
(4) "Health care practitioner" means a
				physician or physician assistant licensed pursuant to Chapter 458 or 459, F.S.;
				a dentist licensed pursuant to Chapter 466, F.S.; or a Florida licensed
				Advanced Practice Registered Nurse (APRN).
Rulemaking Authority
					 464.006 FS. Law Implemented
					 464.003(18)
					 FS.
New 1-16-91, Formerly 21O-21.002, 61F7-12.002, 59S-12.002,
					 Amended 7-20-23.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-12 - ADMINISTRATION OF INTRAVENOUS THERAPY BY LICENSED PRACTICAL NURSES › Section 64B9-12.003 - Aspects of Intravenous Therapy Outside the Scope of Practice of an IV certified LPN

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless under the
				direct supervision of a registered nurse or health care practitioner (as
				defined in Rule 64B9-12.002, F.A.C.), an IV
				certified LPN, (one who meets the qualifications set forth in Rule
				64B9-12.005(1),
				F.A.C.), shall not perform the following:
(a)
				Initiation of blood and blood products;
(b) Initiation or administration of cancer
				chemotherapy;
(c) Initiation of
				plasma expanders;
(d) Initiation or
				administration of investigational drugs;
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-12 - ADMINISTRATION OF INTRAVENOUS THERAPY BY LICENSED PRACTICAL NURSES › Section 64B9-12.004 - Authority for the LPN to Administer Limited Forms of Intravenous Therapy

Current through Reg. 50, No. 138; July 16, 2024
(1) With the exception of those aspects of
				intravenous therapy deemed outside the scope of practice of the IV certified
				licensed practical nurse (one who meets the qualifications set forth in
				subsection 64B9-12.005(1),
				F.A.C.), by Rule 64B9-12.003, F.A.C., above, and
				subject to the approval of the institution at which the licensed practical
				nurse is employed, any licensed practical nurse who meets the competency
				knowledge requirements of Rule
				64B9-12.005, F.A.C., below, is
				authorized to administer intravenous therapy under the direction of a
				registered nurse or other health care practitioner (as defined in Rule
				64B9-12.002, F.A.C.).
(2) Individuals who have completed a Board
				approved prelicensure practical nursing education program, professional nursing
				students who qualify as graduate practical nurses, or licensed practical nurses
				who have not completed the specified course under Rule
				64B9-12.005, F.A.C., may engage
				in a limited scope of intravenous therapy under the direction of a registered
				nurse or other health care practitioner. This scope includes:
(a) Perform calculation and adjust flow
				rate;
(b) Observe and report
				subjective and objective signs of adverse reactions to IV
				administration;
(c) Inspect
				insertion site, change dressing, and remove intravenous needle or catheter from
				peripheral veins;
(d) Hanging bags
				or bottles of hydrating fluid.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-12 - ADMINISTRATION OF INTRAVENOUS THERAPY BY LICENSED PRACTICAL NURSES › Section 64B9-12.006 - Effective Date of this Chapter (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 464.006 FS. Law Implemented
					 464.003(3)(b)
					 FS.
New 1-16-91, Formerly 21O-21.006, 61F7-12.006, 59S-12.006,
					 Repealed 11-1-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-13 - HOME HEMODIALYSIS TREATMENTS › Section 64B9-13.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 464.022(11),
					 464.006 FS. Law Implemented
					 464.022(11)
					 FS.
New 1-10-89, Formerly 21O-20.001, 61F7-13.001, 59S-13.001,
					 Repealed 1-6-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-13 - HOME HEMODIALYSIS TREATMENTS › Section 64B9-13.002 - Training Requirements

Current through Reg. 50, No. 138; July 16, 2024
Persons wishing to provide hemodialysis treatments to a
				  patient in the patient's home, excepting those providing such treatment
				  pursuant to Section 464.022(1),
				  F.S., must successfully complete a minimum of three months training in
				  providing dialysis treatment in a hospital, educational facility, or treatment
				  center, which either teaches the providing of or provides dialysis treatments
				  to patients. Successful completion of the training shall be certified by the
				  person responsible for providing the training and must be approved by the
				  patient's primary physician or primary nephrologist prior to the providing of
				  any dialysis treatments in the home to the patient by the person trained to
				  provide the treatment. Persons responsible for providing training in home
				  hemodialysis must meet the qualifications set forth in 42 C.F.R.
				  §405.2102(d).
Rulemaking Authority
					 464.022(11),
					 464.006 FS. Law Implemented
					 464.022(11)
					 FS.
New 1-10-89, Formerly 21O-20.002, 61F7-13.002,
					 59S-13.002.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-13 - HOME HEMODIALYSIS TREATMENTS › Section 64B9-13.003 - Components of Hemodialysis

Current through Reg. 50, No. 138; July 16, 2024
The three month period of training shall provide instruction
				  and an opportunity for assessment of skills in the performance of the
				  initiation, monitoring, and termination of hemodialysis treatments and shall
				  provide as well an overview of hemodialysis treatments. At a minimum, the
				  period of training shall include the following components:
(1) Anatomy.
(2) Functions of Normal Kidneys and Renal
				Failure.
(3) Chronic and Acute
				Renal Failure.
(4) Complications of
				Renal Failure.
(5) Functions of the
				Artificial Kidney.
(6) Circulatory
				Access.
(7) Diet.
(8) Monitoring.
(9) Aseptic and Sterile Technique.
(10) Dialysis Medication
				Preparation.
(11)
				Medications.
(12) Blood
				Chemistries.
(13) The Hemodialysis
				System.
(14) Machine
				Set-up.
(15)
				Venipuncture.
(16) Dialysis
				Initiation, Monitoring, and Termination.
(17) Medical Problems During and Following
				Dialysis.
(18) Emergency
				Procedures.
(19) Mechanical
				Problems.
(20) Infection Control
				with Emphasis on Blood Transmitted Diseases.
Rulemaking Authority
					 464.022(11),
					 464.006 FS. Law Implemented
					 464.022(11)
					 FS.
New 1-10-89, Formerly 21O-20.003, 61F7-13.003,
					 59S-13.003.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-14 - DELEGATION TO UNLICENSED ASSISTIVE PERSONNEL › Section 64B9-14.0015 - Delegated Tasks

Current through Reg. 50, No. 138; July 16, 2024
(1) A registered nurse
				may delegate tasks within the nurse's scope of practice to a qualified
				medication aide (QMA), a certified nursing assistant (CNA) or home health aide
				(HHA), hereafter "delegatee", who the registered nurse has determined is
				competent. Consideration of competence by the registered nurse and delegation
				of the task shall include:
(a) Comprehensive
				initial and ongoing assessment of the patient's needs by a registered
				nurse,
(b) Consideration of the
				complexity of the delegated task,
(c) Experience and skill of the
				delegatee,
(d) Willingness of the
				delegatee to perform the task,
(e)
				Training and demonstrated safe performance of the delegated task by the
				delegatee,
(f) Consent of the
				patient, the patient's guardian, or designated health care surrogate to accept
				performance of the task by a delegatee.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-14 - DELEGATION TO UNLICENSED ASSISTIVE PERSONNEL › Section 64B9-14.002 - Delegation of Tasks or Activities

Current through Reg. 50, No. 138; July 16, 2024
In the delegation process, the delegator must use nursing
				  judgment to consider the suitability of the task or activity to be
				  delegated.
(1) Factors to weigh in
				selecting the task or activity include:
(a)
				Potential for patient harm.
(b)
				complexity of the task.
(c)
				Predictability or unpredictability of outcome including the reasonable
				potential for a rapid change in the medical status of the patient.
(d) Level of interaction required or
				communication available with the patient.
(e) Resources both in equipment and personnel
				available in the patient setting.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-14 - DELEGATION TO UNLICENSED ASSISTIVE PERSONNEL › Section 64B9-14.003 - Delegation of Tasks Prohibited

Current through Reg. 50, No. 138; July 16, 2024
The registered nurse or licensed practical nurse, under
				  direction of the appropriate licensed professional shall not delegate:
(1) Those activities not within the
				delegating or supervising nurse's scope of practice.
(2) Nursing activities that include the use
				of the nursing process and require the special knowledge, nursing judgment or
				skills of a registered or practical nurse, including:
(a) The initial nursing assessment or any
				subsequent assessments;
(b) The
				determination of the nursing diagnosis or interpretations of nursing
				assessments;
(c) Establishment of
				the nursing care goals and development of the plan of care; and,
(d) Evaluation of progress in relationship to
				the plan of care.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-15 - CERTIFIED NURSING ASSISTANTS › Section 64B9-15.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Governing body" means a group of three
				or more individuals appointed, elected, or otherwise designated, to be
				ultimately responsible for a certified nursing assistant training
				program.
(2) "Nursing home
				facility" means a long-term care facility or a nursing home facility as defined
				in Chapter 400, Part II, F.S.
(3)
				"Professional nursing" means nursing functions performed by an individual
				licensed as a registered nurse or advanced practice registered nurse.
(4) "Department of Education" means the
				applicable agency in the Department of Education which licenses the educational
				unit (Chapter 6F-2, F.A.C.), i.e. Board of Education (Chapter 1003 or 1004,
				F.S.) or Commission on Independent Education (Chapter 1005, F.S.).
(5) "Indirect care" for training and testing
				purposes means behaviors that are common threads throughout all skills, such as
				communication with the resident, resident rights, providing for the safety and
				comfort of the resident, and delivering care following infection control
				practices/standard precautions.
(6)
				"General Supervision" means a registered nurse or a licensed practical nurse
				currently licensed under Chapter 464, F.S., to the extent allowed under Section
				400.23(3),
				F.S., authorizing procedures being carried out by a certified nursing assistant
				but who need not be present when such procedures are performed. The certified
				nursing assistant must be able to contact the registered nurse or licensed
				practical nurse acting in accordance with Section
				400.23(3),
				F.S., when needed for consultation and advice either in person or by
				communication devices. This definition is not applicable to a certified nursing
				assistant providing services in accordance with Section
				400.506(6)(b) and
				(c), F.S., or Part III of Chapter 400, F.S.;
				or, to a certified nursing assistant who is providing services as a qualified
				medication aide in accordance with Sections
				400.211(5) and
				464.2035, F.S.
(7) "Direct Supervision" means the nurse
				supervisor or program instructor is on the premises but not necessarily
				immediately physically present where the tasks and activities are being
				performed by the certified nursing assistant and the nurse supervisor or
				program instructor assumes responsibility for the practice of the certified
				nursing assistant.
(8) "Qualified
				medication aide" is a certified nursing assistant who meets the requirements in
				Sections 400.211(5) and
				464.2035, F.S., and who has
				completed training and demonstrated competency to administer medications and
				perform associated tasks for residents of a nursing home
				facility.
Rulemaking Authority
					 400.211(5),
					 464.202,
					 464.203 FS. Law Implemented
					 400.211(5),
					 464.203,
					 464.2085
					 FS.
New 8-31-03, Amended 9-21-06,
					 3-13-24.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-15 - CERTIFIED NURSING ASSISTANTS › Section 64B9-15.0015 - Standards of Practice for Certified Nursing Assistants

Current through Reg. 50, No. 138; July 16, 2024
Standards of practice are observable behaviors of skill and
				  knowledge. The following are the standards of practice for certified nursing
				  assistants.
Certified Nursing Assistants shall:
(1) Demonstrate basic skills in performance
				of authorized duties in Rule
				64B9-15.002, F.A.C., which
				facilitate an optimal level of functioning for residents.
(2) Demonstrate the ability to identify
				psychosocial needs of residents based upon awareness of the resident's
				developmental age and specific processes.
(3) Demonstrate basic skills in the
				performance of care to cognitively impaired residents, including Alzheimer's,
				dementia, delirium, developmental disabilities, mental illnesses and other
				cognitive conditions.
(4) Record
				and report observations, actions, and information accurately and in a timely
				manner.
(5) Protect confidential
				information, unless obligated by law to disclose such information.
(6) Demonstrate respect for the property of
				residents and facilities.
(7)
				Demonstrate an understanding of principles of disease-causing microorganisms
				and demonstrate infection control techniques for prevention and transmission of
				illness.
(8) Promote a clean,
				orderly, and safe environment.
(9)
				Demonstrate the ability to identify and implement safety and emergency
				procedures.
(10) Demonstrate
				knowledge of statutes and rules governing certified nursing
				assistants.
Rulemaking Authority
					 464.202 FS. Law Implemented
					 464.202
					 FS.
New 8-22-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-15 - CERTIFIED NURSING ASSISTANTS › Section 64B9-15.002 - Certified Nursing Assistant Authorized Duties

Current through Reg. 50, No. 138; July 16, 2024
(1) A certified nursing assistant shall
				provide care and assist residents with the following tasks related to the
				activities of daily living under the general supervision of a registered nurse
				or licensed practical nurse:
(a) Tasks
				associated with personal care:
1.
				Bathing,
2. Dressing,
3. Grooming,
4. Shaving,
5. Shampooing and caring for hair,
6. Providing and assisting with oral hygiene
				and denture care,
7. Caring for the
				skin,
8. Caring for the feet,
9. Caring for the nails,
10. Providing pericare,
11. Bed making and handling linen,
12. Maintaining a clean
				environment.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-15 - CERTIFIED NURSING ASSISTANTS › Section 64B9-15.0025 - CNA Medication Administration

Current through Reg. 50, No. 138; July 16, 2024
With the exception of those aspects of medication
				  administration deemed outside the scope of practice of the certified nursing
				  assistant by Rule 64B9-15.0026, F.A.C., and
				  subject to the approval of the home health agency with whom the certified
				  nursing assistant is employed or the approval of the nursing home facility with
				  whom the certified nursing assistant is employed as a qualified medication
				  aide, any certified nursing assistant who meets the requirements of this rule
				  is authorized to administer medications to a patient of a home health agency or
				  to a resident of a nursing home facility, respectively, as delegated by a
				  registered nurse and as further described in this rule.
(1) A certified nursing assistant shall
				complete an initial six-hour Board approved training course on medication
				administration and be documented to be competent in the safe and sanitary
				administration of medication by a registered nurse licensed under Chapter 464,
				F.S., a physician licensed under Chapter 458, F.S., or an osteopathic physician
				licensed under Chapter 459, F.S.
(2) The initial six-hour training course
				curriculum shall include:
(a) A glossary of
				common terminology for labeling of legend medications.
(b) Safe administration of oral, transdermal,
				ophthalmic, otic, rectal, inhaled, enteral, and topical prescription and
				over-the-counter medications.
(c)
				Record keeping and documentation of medication administration.
(d) Safe storage and proper disposal of
				medications.
(e) Prevention of
				medication errors.
(f) Home health
				care agency policies and procedures regarding medications.
(g) Recognizing, documenting and reporting
				adverse reactions to medications.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-15 - CERTIFIED NURSING ASSISTANTS › Section 64B9-15.0025 - CNA Medication Administration

Current through Reg. 50, No. 138; July 16, 2024
With the exception of those aspects of medication
				  administration deemed outside the scope of practice of the certified nursing
				  assistant by Rule 64B9-15.0026, F.A.C., and subject to the approval of the home
				  health agency with whom the certified nursing assistant is employed or the
				  approval of the nursing home facility with whom the certified nursing assistant
				  is employed as a qualified medication aide, any certified nursing assistant who
				  meets the requirements of this rule is authorized to administer medications to
				  a patient of a home health agency or to a resident of a nursing home facility,
				  respectively, as delegated by a registered nurse and as further described in
				  this rule.
(1) A certified nursing
				assistant shall complete an initial six-hour Board approved training course on
				medication administration and be documented to be competent in the safe and
				sanitary administration of medication by a registered nurse licensed under
				Chapter 464, F.S., a physician licensed under Chapter 458, F.S., or an
				osteopathic physician licensed under Chapter 459, F.S.
(2) The initial six-hour training course
				curriculum shall include:
(a) A glossary of
				common terminology for labeling of legend medications.
(b) Safe administration of oral, transdermal,
				ophthalmic, otic, rectal, inhaled, enteral, and topical prescription and
				over-the-counter medications.
(c)
				Record keeping and documentation of medication administration.
(d) Safe storage and proper disposal of
				medications.
(e) Prevention of
				medication errors.
(f) Home health
				care agency policies and procedures regarding medications.
(g) Recognizing, documenting and reporting
				adverse reactions to medications.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B9 - Board of Nursing › Chapter 64B9-15 - CERTIFIED NURSING ASSISTANTS › Section 64B9-15.0026 - Medication Administration Outside the Scope of Practice of a CNA

Current through Reg. 50, No. 138; July 16, 2024
(1) Aspects of medication administration
				tasks which have been delegated by a licensed registered nurse and are
				associated with medication administration to a patient of a home health agency
				by a certified nursing assistant or to a resident of a nursing home facility by
				a certified nursing assistant who is providing services as a qualified
				medication aide, which are outside the scope of practice of the certified
				nursing assistant and which shall not be performed by the certified nursing
				assistant include the following:
(a)
				Admintsration of controlled substances listed in Schedule II, Schedule III, or
				Schedule IV of Section
				893.03, F.S., or
				21 U.S.C. s.
				812;
(b) Administration by subcutaneous,
				intramuscular, or intravenous injection except for an insulin syringe prefilled
				with the proper dosage by a pharmacist or an insulin pen prefilled by the
				manufacturer;
(c) Legend drugs
				without original labeling identifying the patient, medication, dose, route and
				frequency of administration, prescriber, and expiration date.
(d) Over-the-counter, non-prescription,
				medications without an order from a physician licensed under Chapter 458, F.S.,
				an osteopathic physician licensed under Chapter 459, F.S., a podiatric
				physician licensed under Chapter 461, F.S., or an advanced practice registered
				nurse licensed under Section
				464.012 or
				464.0123, F.S.;
(e) Over-the-counter, non-prescription,
				medications not in the original packaging from the
				manufacturer.