§ 1435.2. Violations and Fines.

(a) In any citation, the Executive Officer of the board or his/her designee may assess a fine for violations of the Nursing Practice Act, any regulation adopted pursuant thereto, or any applicable section of the Business and Profession Code governing the practice of registered nursing.

(b) The range of fines shall be from $0.00 - $2500. Fines shall be assessed based on criteria stated in section 1435.4. In no case shall the total fines exceed $2,500 for each investigation.

(c) Notwithstanding the administrative fine amounts specified in subsection (b), a citation may include a fine between $2,501 and $5,000 if one or more of the following circumstances apply:

1. The citation involves a violation that has an immediate relationship to the health and safety of another person.

2. The cited person has a history of two or more prior citations of the same or similar violations;

3. The citation involves multiple violations that demonstrate a willful disregard of the law.

4. The citation involves a violation or violations perpetrated against a senior citizen or person with disability.

HISTORY

1. New section filed 7-12-96; operative 8-11-96 (Register 96, No. 28).

2. Amendment filed 12-16-2002; operative 1-15-2003 (Register 2002, No. 51).

3. Designation of first and second sentences as subsections (a) and (b), respectively, and new subsections (c)-(c)4. filed 3-12-2008; operative 4-11-2008 (Register 2008, No. 11).

Note

Note: Authority cited: Sections 125.9, 148, 2715 and 2761(d), Business and Professions Code. Reference: Sections 119, 125, 125.6, 125.9, 136, 148, 496, 498, 499, 810(a), 2725.1, 2732, 2732.05, 2761, 2795, 2796 and 2797, Business and Professions Code and Sections 1411.6, 1414(c), 1414(d), 1443.5, 1451(d), 1451(e), 1453 and 1474, Title 16, California Code of Regulations.