Free Speech Protections — And Limits — For Florida Nurses

When a Florida nurse said in a video posted on TikTok that she hoped White House Press Secretary Karoline Leavitt would suffer a painful injury during childbirth, the state’s attorney general responded forcefully. Posting on X, he said the nurse, Alexis Lawler, “doesn’t belong anywhere near patients” and that “the Florida Board of Nursing should yank this vile person’s license, immediately.”

Baptist Health Boca Raton Regional Hospital quickly fired Lawler, saying her video had violated its “standards for compassionate, unbiased patient care.” The fate of her nursing license is unknown. Lawler’s supporters say she’s being punished for expressing a political opinion that’s out of sync with the state’s Republican leadership.

What happens when an individual’s right to free speech butts up against their state’s political establishment and its licensing board’s standards for professional conduct? As Lawler is discovering, an allegation that your political beliefs and statements make you unfit for patient care, as the Florida AG put it, comes with high stakes. Lawler has already lost her job; will she lose her license, too?

The Professional License Defense Team at the LLF National Law Firm helps nurses in situations like this every day, nationwide. If your licensing board is threatening your license, call us at 888-535-3686 or send us a message online.

Florida Law Protects Nurses’ Speech — Mostly

Under Florida law, a licensing board cannot discipline nurses and other licensed healthcare workers for their public expressions (on social media or elsewhere) so long asthose expressions don’t include medical advice for patients or violate any laws.

There are exceptions, however. A board can investigate a nurse for their speech — and, potentially, suspend or revoke their license — if their statement or expression:

• Violates standards for patient safety or ethical conduct, or
• Raises questions about the nurse’s professional competence

These criteria can be applied subjectively. For example, upon receiving a complaint about a nurse’s public remarks, the Florida Board of Nursing will try to determine whether they:

• Reflect any kind of bias or are intended to harm individual patients or patients belonging to a specific group
• Could erode the public’s trust in the nursing profession
• Indicate that the nurse cannot meet ethical conduct standards

In Alexis Lawler’s case, while the licensing board will try to remain dispassionate and objective, the state attorney general’s public declaration that Lawler “doesn’t belong anywhere near patients” could be problematic.

Due Process is Key

It is important in cases like this one that the state licensing board follows its published rules for due process. As Lawler no doubt knows all too well, losing a job is bad; losing a professional license is far, far worse. Without a license, it’s difficult for any nurse, no matter how skilled and experienced, to continue in the nursing field.

The LLF National Law Firm’s Professional License Defense Team helps nurses everywhere in the U.S. when they’re facing an investigation by their state licensing board. We ensure your board follows all the rules for notifying you of the investigation, opening hearings, and providing you with the opportunity to respond. If you’re facing disciplinary action from your licensing board, send us a message online or call us directly at 888-535-3686.