Current through Register Vol. 47, No. 17, September 10, 2024
A.
BASIS: The authority for the promulgation of these rules and
regulations by the State Board of Nursing ("Board") is set forth in sections
12-20-204(1),
12-255-107(1)(j),
and 12-255-119(4)(c)(III),
C.R.S.
B.
PURPOSE:
Section 12-255-119(4)(c)(III),
C.R.S. provides authority for the Board to impose a fine in addition to any
other disciplinary action taken. The purpose of these rules and regulations is
to establish a fine structure and the circumstances under which fines may be
imposed by the Board.
C.
INTRODUCTION: The Board [acting as either the inquiry or hearings
panel] may impose discipline in the form of a fine of no less than $250.00 but
no more than $1,000.00 per violation of the Nurse and Nurse Aide Practice Act
or any rule adopted by the Board. The fine may be in addition to any other
discipline imposed by the Board pursuant to section
12-255-120, C.R.S. Payment of a
fine does not exempt the licensee from compliance with the Nurse and Nurse Aide
Practice Act.
A fine of $500.00 or less that is imposed by the Board, must
be paid in full including the applicable surcharge, at the time the Final
Agency Order is entered or a Stipulation is reached between the parties. A fine
greater than $500.00 that is imposed by the Board, must be paid in full
including the applicable surcharge, according to the time frame set forth in
the Final Agency Order or Stipulation. A licensee who fails to pay a fine that
is required pursuant to a Final Agency Order or Stipulation is subject to
suspension of an individual's nursing or certified midwife license as set forth
in section
12-255-119(4)(c)(III),
C.R.S.
The Board may impose a fine, in addition to any other
disciplinary sanction, under the following circumstances:
D.
PRACTICING WITH AN EXPIRED
LICENSE:
1. Pursuant to section
12-20-202(1)(e),
C.R.S., a licensee has sixty days within which to renew a license after the
date of expiration without the imposition of a disciplinary sanction for
practicing nursing or midwifery on an expired license. A licensee who fails to
renew his license within the sixty day grace period shall be treated as having
an expired license as set forth in section
12-20-202(2),
C.R.S.
2. The Board may impose a
fine for the period of sixty-one days or greater but less than two years from
the date of expiration of a license if the Board determines that the facts and
circumstances warrant a fine in addition to other disciplinary
action.
3. If the Board finds that
the licensee has practiced nursing or midwifery with an expired license for a
two year period or greater but less than three years from the date of
expiration of the license, the Board may impose a fine not to exceed
$250.00.
4. If the Board finds that
the licensee has practiced nursing or midwifery with an expired license for a
three year period or greater but less than four years from the date of
expiration of the license, the Board may impose a fine not to exceed
$500.00.
5. If the Board finds that
the licensee has practiced nursing or midwifery with an expired license for a
four year period or greater but less than five years from the date of
expiration of the license, the Board may impose a fine not to exceed
$750.00.
6. If the Board finds that
the licensee has practiced nursing or midwifery with an expired license for
five years or more from the date of expiration of the license, the Board may
impose a fine not to exceed $1000.00.
E.
FAILURE TO COMPLY WITH THE TERMS AND
CONDITIONS OF A FINAL AGENCY ORDER OR A STIPULATION
1. The Board may impose a fine for failure to
comply with the terms and conditions of probation as specified in the
Stipulation and Final Agency Order ("Stipulation") as agreed to by the
licensee, or the Final Agency Order issued by the Board. If a licensee fails to
timely submit the documents as required by his or her Stipulation or Final
Agency Order, the Board my impose a fine in addition to any other disciplinary
sanction as follows:
a. For a first violation,
where the required document(s) are submitted over thirty days late, the Board
may impose a fine not to exceed $250.00.
b. For a second violation, where the required
document(s) are submitted over thirty days late, the Board may impose a fine
not to exceed $500.00.
c. For a
third violation, where the required document(s) are submitted over thirty days
late, the Board may impose a fine not to exceed $1000.00.
F.
PRACTICING OUTSIDE SCOPE
OF ROLE/SPECIALTY AND POPULATION FOCUS
1. If a licensee engages in the practice of
nursing or midwifery that is outside his or her Scope of Role/Specialty and
Population Focus, the Board may impose a fine, in addition to any other
disciplinary sanction, as follows:
a. For a
first practice violation, the Board may impose a fine not to exceed
$500.00.
b. For a second practice
violation, the Board may impose a fine not to exceed $1000.00.
G.
OTHER
CIRCUMSTANCES FOR THE IMPOSITIONS OF FINES
1. The Board may impose a fine at its
discretion where the licensee has benefitted financially from his or her
violation of the Nurse and Nurse Aide Practice Act or any rule adopted by the
Board. In such cases, the amount of the fine will be based on the facts and
circumstances of the particular case.
Adopted: January 27, 2010
Effective: March 31, 2010
Revised: January 24, 2024
Effective: March 16, 2024
