After you are reported to the Board of Nursing (BON) in Florida, an evaluation of the facts and allegations will take place. The first round of the review process determines if the complaint is subject to grounds of discipline by the Florida BON.
If someone complained about you and it led to further action, you may want to consult a Florida professional regulation lawyer. Your lawyer can help you navigate the investigation process and answer any questions you may have about your case.
For a free legal consultation, call (800) 747-3733
An Investigation Will Ensue
Once the BON has determined if the complaint falls under its jurisdiction, it will then begin gathering evidence and conducting formal interviews. The internal process of acting on a complaint depends upon the severity of the incident.
Investigations may include the following activities:
- Requesting additional documentation from complainants
- Asking the nurse to respond to allegations in writing
- Site visits
- Eyewitness interviews
If the BON believes that there is sufficient evidence to warrant disciplinary action, it will take measures that align with public safety. The objective of the complaint process is to handle the issue appropriately using the best course of action and prevent future incidents from occurring.
The BON Will Hold a Hearing if Necessary
A nurse, also called the respondent, is allowed to tell their side of the story. Every nurse has the right to receive a hearing. If the Florida Department of Health (DOH) files a complaint, then the nurse will receive a mailed copy of the complaint and the Election of Rights Form.
The Election of Rights defines your rights to a hearing and a choice from the following two hearing options:
- An informal hearing in front of the Florida BON
- A formal hearing with an administrative law judge (ALG)
The most significant difference between the two hearings is that a formal hearing requires the Florida DOH to prove their case in an administrative court, whereas an informal hearing does not.
In short, the standard of proof is different. There are advantages and disadvantages of either type of hearing, depending upon the type of complaint you are facing. Therefore, you will want to make sure that you select the best course of action to ensure that you are being treated fairly.
Before selecting which type of hearing is right for you, it is advised that you consult an attorney for help. Make sure you work with someone skilled in handling nursing licensure and discipline defense matters.
How to Respond When You Are the Subject of a Florida BON Complaint
If you are the subject of a Florida Board of Nursing (BON) complaint, you should seek the counsel of a professional regulation lawyer at the Law Offices of Anidjar & Levine. We go the extra mile in helping nurses understand their rights.
Call us now for a free consultation at 1-800-747-3733. Our offices are available to take your call 24 hours a day.