FLORIDA NURSING

RULES, REGULATIONS AND

THE NURSE PRACTICE ACT

PART 2

464.014 Inactive status

•You may place your license in an inactive status.

•An application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for the reactivation of a license will be assessed.

•The department may not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.

64B9-1.013 Address of Record and Place of Practice.

Each person holding a license issued pursuant to Chapter 464, F.S., must maintain on file with the Board of Nursing the current address at which any notice required by law may be served by the Board or its agent. Within 60 days of changing this address, whether or not within this state, the licensee shall notify the Board in writing of the new address at which the licensee may be served with notices or other documents.

4B9-5.007 Continuing Education for Expert Witnesses and Probable Cause Panel Members.

•Nurses written expert witness opinions citing references of current, prevailing practice and relevant standards of practice for cases being reviewed pursuant to Chapter 464, F.S., shall receive 2.5 hours of continuing education credit per case for performing a literature search.

64B9-6.003 Reactivation of Inactive License

•Provide statement any convictions or findings of guilt, regardless of adjudication, within the period the licensee was inactive •Provide a statement any disciplinary action taken against license to practice nursing•Proof of all continuing education required•If a license has been inactive for more than two consecutive biennial cycles, and the licensee has not been practicing nursing for the 2 two years immediately preceding the application for reactivation, completion of a nursing refresher course with clinical component is required.

64B9-6.004 Retired Licensure Status

To renew:•Complete application•Complete CE requirements•If >5years

• Review course (60 hr. classroom/96 hr. clinical

• Pass exam

64B9-8 HEARINGS, PROCEEDINGS, CONFERENCES, DISCIPLINE

The Probable Cause Panel

•Determine if probable cause exists•Suggest penalties, stipulations and terms shall be subject to approval or rejection by the BON•Receive interim reports from the probation supervisor

Citations•An instrument served upon a licensee for the purpose of assessing a penalty in lieu of the disciplinary procedures contained in Section 456.073, F.S.,

•May issue a citation within six months after the filing of the complaint

•All citations will include a requirement that the violation is corrected and impose whatever obligations will remedy the offense.

Why Would a Citation be Issued?“Minor Violations”

•False, deceptive or misleading advertising •Issuance of a worthless bank check to the Department or BON

•Failure to report address change

•Improper use of a nursing title

•64B9-8.0045

More Reasons to Receive a Citation

•Failure to pay a fine by the time ordered

•Failure to complete a Board ordered continuing education course by the time ordered

•Failure when requested to document full compliance with the continuing education requirements

•Unprofessional conduct: using abusive, threatening or foul language in front of a patient or directing such language toward a patient.

More Expensive Violations

•First-time failure to complete continuing education hours within the biennium. In addition to the fine, the licensee will be required to complete the number of hours necessary to meet the biennial requirements not completed within 6 months of the issuance of the citation.

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.

64B9-8.005 Disciplinary Proceedings

Unprofessional conduct shall include: Inaccurate recordingMisappropriating supplies or equipmentLeaving a nursing assignment without advising licensed nursing personnelPracticing as a RN/LPN/CNA with a delinquent license for no more than 90 daysActs of negligence either by omission or commissionSubmitting the attestation of continuing education hours for licensure renewal when the licensee has not attended or completed

Or………

Failure of an ARNP dispensing practitioner to comply with the registration and compliance requirements of Rule 64B9-4.011

Stealing from a patient

Violating the integrity of a medication administration system or an information technology system

Falsifying or altering of patient records or nursing progress records, employment applications or time records

Administering medications or treatments in negligent manner

Misappropriating drugs, or……………

Using information about people involved in a motor vehicle accidents which has been derived from accident reports or 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.

Violating the confidentiality of information or knowledge

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

Engaging in fraud, misrepresentation, or deceit in taking the licensing examination

Aiding and abetting the practice of RN/LPN by any person not licensed as a RN/LPN

Exercising influence on a patient in such a manner as to exploit the patient for financial gain

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

Practicing beyond the scope of the licensee’s license, educational preparation or nursing experience

Using force against a patient, striking a patient, or throwing objects at a patient

Using abusive, threatening or foul language in front of a patient or directing such language toward a patient

Impersonating another licensed practitioner, or permitting another person to use his certificate for the purpose of nursing for compensation

Willful making or filing a false report or record, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so.

Suspension until BON mandate which may include:

• Demonstration of ability to practice safely

• Submission of mental or physical examinations

• Completion of counseling

• Completion of continuing education

• Demonstration of sobriety and ability to practice safely

• Until fees and fines paid

• Evaluation/treatment in the Intervention Project for Nurses

• Proof of completion of any other requirements as ordered by the BON

• First Offense $$• Second Offense

$$$• Third Offense $$

$$

The Intervention Project for Nurses (IPN) was established in 1983 through legislative action to ensure public health and safety through a program that provides close monitoring of nurses who are unsafe to practice due to impairment as a result of misuse or abuse of alcohol or drugs, or both, or due to a mental or physical condition which could affect the licensee's ability to practice with skill and safety.

Any person suspecting impairment of a nurse’s ability to provide safe nursing care may report this nurse to IPN and/or the DOH. Under Florida’s Mandatory Reporting Law, all licensed nurses must report any suspected impairment in practice to IPN and/or the DOH.

64B9-11.001 Medical Records of Deceased Nurse in private practice, who maintains possession of client/patient medical records:

•Designee must retain for at least two (2) years from the date of the death

•Within one (1) month from the date of death must publish in newspaper of greatest general circulation in the county, a notice to the patients/clients the nurse’s medical records are available at a certain location

•At the conclusion of a 22-month period of time from the date of death shall publish once during each week for four (4) consecutive weeks, in the newspaper of greatest general circulation in the county that records will be destroyed one (1) month or later from the last day of the fourth week of publication of notice.

Terminating or Moving Practice:

•Place notice at place of practice at least 30 days prior •Publish notice in the newspaper in each county in which the nurse practiced, a notice which shall contain the date of termination or relocation and an address at which medical records may be obtained. •Must be published no less than 4 times over a period of at least 4 weeks•Both the notice and the sign shall advise the clients/patients of their opportunity to transfer or receive their medical records. •Nurse shall maintain and make available for a minimum of 2 years after the termination or relocation of practice. •May wish to seek advice from private legal counsel or their insurance carrier

CHAPTER 64B9-14 DELEGATION TO UNLICENSED ASSISTIVE PERSONNEL

The delegator must use nursing judgment to consider the suitability of the task or activity to be delegated.

Factors to weigh in selecting the task or activity include:

•Potential for patient harm•Complexity of the task•Predictability or unpredictability of outcome including the reasonable potential for a rapid change in the medical status of the patient•Level of interaction required or communication available with the patient•Resources both in equipment and personnel available in the patient setting•Validation or verification of the education and training

• The delegation process shall include communication to the UAP which identifies:

• The task or activity• The expected or desired outcome• The limits of authority• The time frame for the delegation• The nature of the supervision required• Verification of delegate’s understanding of

assignment• Verification of monitoring and supervision

Initial allocation of the task or activity to the delegate, periodic inspection of the accomplishment of such task or activity, and total nursing care responsibility remains with the qualified nurse delegating the tasks or assuming responsibility for supervision

Delegation of Tasks Prohibited

Activities not within the delegating or supervising nurse’s scope of practice

•The initial nursing assessment or any subsequent assessments•The determination of the nursing diagnosis or interpretations of nursing assessments•Establishment of the nursing care goals and development of the plan of care•Evaluation of progress in relationship to the plan of care•Those activities for which the UAP has not demonstrated competence.

Chapter 2014-92, Laws of Florida, became effective on July 1, 2014

Nursing licensure applicants: The changes require graduates of approved nursing education programs in Florida, who do not take the licensure examination within 6 months after graduation, to complete a licensure exam preparatory course (approved by the Board of Nursing).

Licensed nurses: Licensed nurses (LPN, RN, ARNP) are now exempt from continuing education requirements for licensure renewal if they are certified by a health care specialty program accredited by the National Commission of Certifying Agencies (NCCA) or the Accrediting Bureau of Specialty Nursing Certification (ABSNC).

Nursing education programs:

•The law revises clinical training to include simulation and the use has been increased to 50% for each content area. In addition, all clinical training must be completed in the U.S., District of Columbia, or U.S. territory for LPN/RN programs.

Criteria COHN COHN-S

RN Licensure Required Required

Education None specified Must have Bachelor's Degree or higher

Work Experience in OH 3,000 hours in occupational health in the past five years; ora completion of a certificate program in occupational health nursing for academic credit.

3,000 hours in occupational health in the past five years; or a completion of a certificate program in occupational health nursing for academic credit; or a completion of a graduate level of education with a concentration in occupational health.

Continuing Education in OH   None required   None required

Application fee: $150.00Exam fee: $400.00

ABOUT THE EXAMINATION

To achieve COHN and COHN-S certification, eligible candidates must be successful on a 160-question, (135 scored and 25 pre-test) multiple choice, computer based examination.  The examinations are offered at 190 sites throughout the United States.   For a list of examination sites use this hyperlink http://www.goamp.com.   When you reach the site click on "Candidates," then click on "Healthcare" and then click on "American Board for Occupational Health Nurses."Candidates have three hours to complete the examination.

http://www.abohn.org/eligibility.cfm

COHN/COHN-SRecertification 

To maintain "Active" COHN/COHN-S status, recertification is required every 5 years.  

Recertification eligibility criteria include:

Actively engaged in occupational health nursing for compensation 

Alternative credit for occupational health nursing employment may include: •2,000 hours of experience credit that may be granted for occupational health graduate study completed in a NIOSH funded Education and Research Center (ERC). •750 hours of experience credit that may be granted for time spent in a baccalaureate completion or anon-occupational health masters program.

Course work associated with attaining a degree can be used to meet either the continuing education requirement or the experience requirement or the experience requirement, but not for both.

Recertification Fees: COHN & COHN-S

$150.00 per year with resubmission of application every five years.

In Conclusion

•Nursing is evolving

•Keep up with legislation

•Log into professional web sites often

RESOURCESTHE INFORMATION HAS BEEN TAKEN FROM THE FLORIDA NURSE PRACTICE

ACTHTTP://WWW.FLORIDASNURSING.GOV/RESOURCES

TO OBTAIN 2 CE CREDITS

1. COMPLETE THE TEST WHICH CAN BE FOUND ON THE WEBSITE

2. COMPLETE THE COURSE EVALUATION

3.EMAIL THE COMPLETED TEST AND EVALUATION TO: FWCAOHN@AOL.COM

4.ONCE THESE TWO DOCUMENTS ARE RECEIVED, YOU WILL RECEIVE YOUR CERTIFICATE VIA EMAIL. PLEASE BE SURE TO INCLUDE A VALID EMAIL ADDRESS

5.THIS COURSE IS FREE TO FWCAOHN MEMBERS.

6.FOR NON-MEMBERS THERE IS A $20.00 FEE. FOR STUDENTS THERE IS A $10.00 FEE

FOR PAYMENT, CONTACT FWCAOHN@AOL.COM

http://www.abohn.org

http://articles.orlandosentinel.com/2013-01-02/news/os-nurse-arrested-prescription-drugs-20130102_1_fake-prescriptions-prescription-sheets-cvs

http://www.floridahealth.gov/licensing-and-regulation/newest-legislation/2014-legislation.html

http://www.floridahealth.gov/licensing-and-regulation/newest-legislation/newest-laws.htmlhttp://www.ipnfl.org/ipnhistory.html