A violation of the Nurse Practice Act (NPA) can be reported to the Board of Nursing (BON) in Florida. The Florida BON has the authority to determine whether negligence or misconduct has occurred and what subsequent action should be taken.
If you were reported for an alleged violation, you have legal options. Contact a Florida professional regulations lawyer for advice specific to your situation.
Violations That Can Be Reported to the BON
NPA violations are serious, since they put patients at significant risk. It is for this reason that every nurse should know the scope of his or her practice and other requirements according to Florida nursing laws.
The purpose of the NPA is to ensure that practicing nurses in Florida adhere to minimum guidelines for safe practice. If a nurse is found to perform below the competency level required, they will not be permitted to practice anymore.
However, not all situations are black and white. Although a violation may have allegedly occurred, it still requires a fair investigation of the facts and evidence.
In general, any negligent act that puts a patient at risk must be reported to the Florida BON, including:
- Intoxication while at work
- Theft of a patient’s personal property
- Failing to provide adequate treatment
- Performing work outside of his or her license
- Falsifying medical, financial, or insurance records
- Physical or emotional patient abuse
- Involvement in criminal activity
The Florida BON does not address issues related to personality conflicts or other complaints not related to NPA violations. Complaints against a nurse will trigger an investigation and potential hearings.
What Happens After a Complaint Is Filed Against a Nurse
After a complaint is filed against a nurse, the Florida Department of Health (DOH) investigates the allegations. If they are found to have merit, then disciplinary action is rendered.
Once the decision has been handed down, you will be mailed a copy of any pertinent documents in addition to an Election of Rights form. The Election of Rights form lists your rights as a licensee and respondent, as well as the option to appeal the decision.
You will be offered a formal or informal hearing. Both types of hearings have advantages and risks, which means the decision should be chosen carefully.
Hire a Florida Professional Regulations Lawyer to Build a Defense
If the BON finds that the complaint against you has merit, you have the right to challenge the disciplinary decisions. A Florida professional regulations lawyer can guide you through the appeals process while asserting your rights.
When your career and future are on the line, you will find reassurance in knowing what to expect during the investigation. Plus, you will have a trusted legal professional to answer any questions you may have as they arise.
Connect with the Law Offices of Anidjar & Levine for a Free Consultation
Do not leave your professional future to chance. Reach out for help by calling the Law Offices of Anidjar & Levine for a free consultation now at 1-800-747-3733.
