Being a Florida licensed practical nurse (LPN) is an important job. You offer valuable services to the community, frequently putting your patients before all else. When you dedicate your days to helping others, it is incredibly upsetting to learn that you are facing disciplinary action.
While at work, you are used to high-anxiety situations, and you may be unsure how to proceed when you learn about the allegations against you and your Florida LPN license. The Lento Law Firm Professional License Defense Team is here to help. We fight for LPNs throughout Florida and will do everything we can to protect your Florida LPN license, livelihood, and reputation. Call the Lento Law Firm today at 888-535-3686 or contact us online.
Florida Licensed Practical Nurse Regulatory Board
The Florida Board of Nursing regulates LPNs, including setting the education and licensure requirements, developing and implementing nursing regulations and policies, and setting the standards of care and professionalism. While the Board of Nursing handles most things related to LPNs in the state, the Florida Department of Health will address allegations of misconduct against LPNs and other healthcare professionals and take disciplinary action. Allegations of LPN misconduct may be processed through a few different offices within the Department of Health, including the Consumer Services Unit, the Investigative Services Unit, and the Prosecution Services. The Board of Nursing will be included in the disciplinary action process later if the complaints move past the investigative phase (this will be discussed in greater detail in the sections below).
Florida Licensed Practical Nurse Disciplinary Action Process
If you are a Florida LPN facing disciplinary action, you have a long road ahead. Unfortunately, the disciplinary process can take months, sometimes over a year, to resolve. At the Lento Law Firm, we understand this process is incredibly stressful; we are here to minimize the pain and anxiety you face while going through this process. While the process is overwhelming, your Lento Law Firm attorney will be there every step of the way and answer any questions you may have about the process. While your Lento Law Firm attorney will give you all the details, a brief overview of the disciplinary process is as follows:
Complaint
The Florida Department of Health Consumer Services Unit is the first office to hear of alleged LPN misconduct. The Consumer Services Unit accepts complaints filed through the Florida Health Care Complaint Portal. Complaints against LPNs cannot be filed over the phone, as the state requires that all complaints be signed (e-signatures through the Florida Health Care Complaint Portal are accepted). Complaints can be filed anonymously, but the Department of Health encourages against anonymous filings. The complaint may be closed when the Consumer Services Unit cannot contact the complainant for additional information.
The first thing the Consumer Services Unit will do is review the complaint to make sure the allegations in the complaint fall within the Department of Health's jurisdiction. Complaints that allege and provide sufficient preliminary support of a Florida Nurse Practice Act violation. You will not immediately be informed if a complaint has been filed against you. LPNs are only informed of a complaint against them if the complaint results in an investigation.
In severe cases, complaints may immediately be sent to the Department of Health's State Surgeon General. Typically, these severe cases include the commission of crimes, drug use, drug diversion, or sexual misconduct. The State Surgeon General may issue an emergency order when an LPN's continued practice would pose an immediate threat to the health and safety of the public. There are two types of emergency orders: emergency restriction orders and emergency suspension orders. The State Surgeon General must issue the least restrictive order sufficient to prevent public harm.
When you hear that a complaint has been filed against you and your Florida LPN license, contact the Lento Law Firm. You may be under the impression the complaint is not a big deal; perhaps it's only a minor infraction or untrue, but any complaint threatens your LPN license.
Investigation
If there is sufficient evidence supporting allegations of an LPN's misconduct, the Consumer Services Unit will send the complaint to the Investigative Services Unit, and the LPN will be notified and provided with a copy of the complaint. There are a few different Investigative Services Unit field offices throughout Florida; the one closest to where the alleged incidents of misconduct occurred will be in charge of the investigation.
The complainant, if not anonymous, will be notified that an investigation is being opened. The LPN and the complainant will be updated on the investigation status as it progresses.
The Investigative Services Unit prioritizes complaints based on the severity of the allegations. When a complaint alleges a violation that is a present and immediate threat to public safety, the case will be moved to the top of the queue.
If a complaint has been filed against you and your Florida LPN license, the investigation stage will be your first opportunity to respond to the complaint. You can provide the investigator with any information or evidence in your defense. While you may think it is harmless to provide such information, you should never speak with an investigator without first consulting with your Lento Law Firm attorney. Keep in mind the Department of Health and the offices involved in the disciplinary action process are there to protect the public; they will not be putting your best interests first, and you can never be sure if they are on your side. Your Lento Law Firm attorney will ensure that the information you present puts you in the best possible light and will not inadvertently harm your case.
During the investigative process, the Investigative Services Unit field office typically does the following:
- Collect medical records, relevant documentation, and evidence
- Conduct interviews with you, the complainant, the patient, employers, supervisors, and witnesses
- Serve subpoenas for any additional necessary information
When the investigation is finished, the assigned investigator will draft an investigative report, which will be sent to the Department of Health's attorneys in the Prosecution Services Unit.
Review by the Prosecution Services Unit
The attorneys in the Prosecution Services Unit will review the investigative report and recommend the Department of Health take specific action. Such actions include:
- Referring to the Case for Expert Review
The Prosecution Services Unit may need to have the case reviewed by an expert. Case experts are other nurses, likely another experienced LPN. The Prosecution Services Unit reviews misconduct cases for all medical professionals in the state, not solely LPNs, meaning they may require additional assistance. The expert will have more detailed knowledge of the practices, standards, and professional requirements specific to LPNs. Once the expert has reviewed the case, they will draft a report for the Prosecution Services Unit to utilize in deciding whether to continue pursuing disciplinary action against you.
- Filing an Administrative Complaint
The Prosecution Services Unit will recommend the Department of Health file an Administrative Complaint if the allegations of misconduct in the complaint are supported by the investigation and the expert review (if conducted). The Prosecution Services Unit recommends filing an Administrative Complaint against you and your Florida LPN license; you will receive a copy of your full case file. When this recommendation is made, a probable cause panel meeting will be scheduled to determine the disciplinary action in your case.
You can request a hearing when you learn that an Administrative Complaint is being filed. Details on the hearings will be discussed in more detail in the sections below.
- Issuing a Closing Order
The Department of Health can dismiss the complaint by issuing a closing order. The closing order can be issued at different times. Ideally, it is issued at the conclusion of the investigation and followed by a review by the Prosecution Unit. Alternatively, it may be issued after the expert review has been completed.
- Hearing
You have the right to a hearing when an Administrative Complaint is filed against you. There are two scenarios where hearings occur; the first is when there is an issue of material fact. Hearings of this variety are presided over by an Administrative Law Judge. This just means that you and the complainant disagree on one or more crucial facts of the case. In this type of hearing, your Lento Law Firm attorney will present evidence, including documentation and witness testimony that supports your version of the facts. Once your Lento Law Firm attorney has argued your defense of the facts, the Administrative Law Judge will draft a finding of fact and conclusions of law, in which they will recommend a course of disciplinary action or dismissal. This document will then go to the Department of Health and the Board of Nursing, which makes the final decision.
Hearings that do not involve disputed issues of material fact are heard by the Department of Health or the Board of Nursing. Like with hearings before the Administrative Law Judge, your Lento Law Firm attorney will present evidence supporting your case. Instead of proving facts, your attorney will offer this evidence to mitigate the disciplinary action against you. Essentially, they are arguing for a lesser punishment in your case while not arguing you are innocent of all allegations.
- Negotiations and Settlement Agreements
At any point, your Lento Law Firm attorney can negotiate with the Department of Health on your behalf to reach a settlement agreement. The Department of Health may offer a settlement agreement after the investigation stage before proceeding with the formal disciplinary action process.
- Review by the Probable Cause Panel
Using information from the Investigative Services and Prosecution Services Unit, your case will go before a Probable Cause Panel before a final disposition. The Probable Cause Panel will comprise two or three members from the Board of Nursing, one or two licensed healthcare members (likely LPNs), and one member of the public. They will review your case and make a determination.
- Determinations
- Reprimand
- Fine
- Restriction of practice
- Probation with continuing education requirements
- License suspension
- License revocation
The Department of Health can decide that an alternative to discipline is appropriate. Alternatives include mediation or citation. There is also an option for some LPNs who suffer from alcohol or substance use disorders or mental health issues. This alternative to the discipline program is called the Intervention Project for Nurses (IPN). IPN provides Florida LPNs with counseling and support to address their alcohol, substance use, or mental health disorders following allegations of misconduct without losing their license. Participation in IPN is voluntary but may be offered up front by the Department of Health to allow the LPN to avoid going through the full disciplinary action process. There are many benefits of participating in IPN, but there are also risks you need to consider. Your Lento Law Firm attorney can share the risks and benefits with you to ensure you have all the information necessary to decide if IPN is right for you.
- Appeals
You have the legal right to appeal your case if you feel you have been wronged. Appeals are filed in the District Court of Appeals in the jurisdiction where the alleged incident occurred. Your Lento Law Firm will walk you through this process, but it is a formal legal process, and you should not proceed alone. If you have not retained an attorney throughout the disciplinary process thus far, it isn't too late to call the Lento Law Firm. Our Professional License Defense Team regularly works with clients starting at the appeals stage and can get them a more favorable outcome.
Grounds for Disciplinary Action Against Your Florida Licensed Practical Nurse License
Any Florida Nurse Practice Act violation and associated regulations can result in disciplinary action. Common examples of complaints the Department of Health investigates include:
- Practicing below acceptable standards of care
- Practicing negligently
- Practicing while impaired by alcohol, substances, or a medical condition
- Sexual misconduct with a patient
- Diverting drugs
Areas We Serve in Florida
The Lento Law Firm Professional License Defense Team has served LPNs facing disciplinary action throughout the state. While we will represent you anywhere, we often work in the largest cities in Florida, such as Jacksonville, Miami, Tampa, Orlando, and St. Petersburg. Our LPN clients work in all different settings, from home health to hospitals and rehabilitation centers. Our Professional License Defense Team has fought for LPNs operating in some of the biggest healthcare systems in the state, including AdventHealth, HCA Florida Healthcare, and BayCare Health System.
Retain the Lento Law Firm Professional License Defense Team
When your Florida LPN license is on the line, you cannot afford to have anyone but the most skilled professional license defense team on your side; that is the Lento Law Firm Professional License Defense Team. Let us fight for you and your license. Call us at 888-535-3686 or contact us online.
