If you're a nurse working in Florida's and Georgia's Jacksonville Metropolitan Area, you likely understand that the Florida Board of Nursing or Georgia Board of Nursing (or simply “the Board”) has the authority to take disciplinary action against your license if you break certain laws or violate certain rules related to nursing. The forms of disciplinary action the Board may consider in this type of case could limit your ability to continue practicing nursing.
That doesn't need to happen. At the Lento Law Firm, our Professional License Defense Team serves nurses in Jacksonville, Jacksonville Beach, St. Augustine, Fernandina Beach, Middleburg, and other cities and communities throughout Metro Jacksonville. We're prepared to offer nurse license defense services if the career you've worked so hard for is in jeopardy. Get started today by submitting information about your case via our online contact form or by calling our offices at 888-535-3686.
Reasons a Jacksonville Metropolitan Area Nurse May Need License Defense Services
Metro Jacksonville includes portions of Georgia and Florida. However, because most of the area is in Florida, Florida laws serve as the basis of this overview. The laws in Georgia are relatively similar, but because they may not be exactly the same, it's important to coordinate with legal professionals who understand the applicable rules and regulations in your area.
The Florida Nurse Practice Act (NPA) authorizes the Board to take disciplinary action against nurses in a variety of circumstances. The following are common types of violations that may result in disciplinary action:
- Criminal convictions: The Board may take disciplinary action if a nurse is convicted of or pleads guilty to any crime reasonably related to the practice of nursing. A plea of nolo contendere also counts as grounds for disciplinary action in these circumstances. Additionally, the Board can take action when a nurse is convicted of or pleads guilty or nolo contendere to certain specific crimes the NPA mentions, regardless of whether these directly relate to nursing. Examples include theft and robbery crimes, assault, and other such crimes indicative of qualities that might cause the Board to determine a nurse is unfit to treat the public safely.
- Deception: A nurse can engage in deceptive practices in various ways. For example, they may alter or conceal patient records. Or they might provide a patient with unnecessary treatment and bill for additional services. These are just examples of deceitful practices that can get a Northeast Florida nurse in trouble with the Board.
- Lack of skill, experience, etc.: A nurse doesn't always have to have done something “wrong” to be subject to Board disciplinary action. For instance, if a nurse appears to lack the skills necessary to safely treat patients due to a physical or mental condition, the Board can step in to prevent that nurse from endangering the public.
This is by no means a complete list. In addition, the NPA states that the Board may or may not take disciplinary action in some circumstances based on the specific type of nurse who has committed a violation.
Understanding what the Board is disciplining you is critical. At the Lento Law Firm, attorneys with our Professional License Defense Team will review your case and explain the allegations. If it appears the Board is considering disciplinary action in circumstances that don't warrant it, we'll account for this when working on your defense.
Forms of Disciplinary Action the Florida Board of Nursing May Take Against Nurses in Metro Jacksonville
When disciplining a nurse, the Board may take the following actions:
- Denial: The Board can refuse to license a prospective nurse if they're guilty of relevant violations. Similarly, a current nurse may not be able to renew their license if they've violated the NPA.
- Reprimand: A reprimand is a warning that usually doesn't limit a nurse's right to practice in the state. However, as an official warning, it becomes part of a nurse's record. Because this information is publicly accessible, a reprimand could negatively influence a nurse's ability to secure employment.
- Probation: The Board may sometimes allow a nurse to continue practicing after a violation by imposing a probationary period. The specific terms and conditions of probation for a nurse in the First Coast can vary on a case-by-case basis.
- Limited or restricted practice: This form of disciplinary action is somewhat similar to probation. For a period to be determined by the Board, a nurse may only be able to continue practicing under certain restrictions, limitations, and other such conditions. For example, maybe the Board is taking disciplinary action because it appears a nurse is unable to safely perform certain tasks due to a mental health condition, substance abuse issue, or similar reasons. The Board may allow nurses to continue practicing nursing while prohibiting them from performing those specific tasks until they've demonstrated competence. Or, the Board may require a nurse to work under the supervision of others.
- Suspension: Suspending a nurse's license temporarily prevents them from legally practicing nursing in Florida. Sometimes, a suspension ends after a set period. In other cases, it may end once a nurse has fulfilled certain requirements, such as completing a continuing education course, receiving treatment for a substance abuse issue, etc.
- Revocation: Revoking a nurse's license is typically the most significant form of disciplinary action the Board may take.
Every case is unique. Depending on the specifics of your case, the forms of disciplinary action you may face could have significant implications for your career in both the short-term and long-term.
Whether you work for a major employer like UF Health Jacksonville or Ascension St. Vincent's Riverside, or you operate out of a smaller clinic in a Jacksonville Metropolitan Area suburb like Green Cove Springs or Atlantic Beach, our Professional License Defense Team at the Lento Law Firm is available to serve your needs when the Board is considering disciplinary action.
Summary Action Against a Nurse's License in Metro Jacksonville
The Board can sometimes take summary action against a nurse's license in emergency situations. If it appears a nurse represents an immediate threat to public safety, the Board may prohibit them from using their license until it can determine a more appropriate form of disciplinary action.
It's vital not to disobey the Board when it limits your license in this capacity. Our Professional License Defense Team at the Lento Law Firm can explain what you should and shouldn't do if the Board takes this form of action.
The Florida Board of Nursing Disciplinary Process
Florida law provides a general description of how an investigation may play out when the Board looks into alleged wrongdoing on the part of a nurse. Although the process may differ somewhat due to the unique details of your case, it typically involves the following:
- Considering an investigation: The Board may launch an investigation upon receiving a “legally sufficient” complaint indicating a nurse has violated the NPA. Or, the Board might investigate a nurse who has self-reported a violation. For example, if you were convicted of a relevant crime in a Jacksonville court, you should notify the Board accordingly.
- Potential alternatives: The Board doesn't always investigate a nurse upon receiving a complaint. The Board may dismiss a complaint that appears to lack merit. In some cases involving a nurse's first violation, the Board also has the authority to notify the nurse of their noncompliance without taking any additional disciplinary action. Unlike a formal reprimand, this isn't the type of warning that typically gets attached to a nurse's record.
- Notice: If the Board determines an investigation is necessary, it will provide a nurse and/or their attorney with a copy of the complaint. Review this information thoroughly if you receive it. The complaint should specify that a nurse has the option to provide a written response to the allegations within 20 days of being served the notice. Coordinate with our attorneys to ensure your written response is comprehensive, accurate, and free of any details that might negatively influence your case's outcome.
- Investigation: The exact way investigators look into a complaint will depend on the allegations. For example, maybe investigators are trying to determine if a Metro Jacksonville nurse struggles with substance abuse issues. This might involve interviewing coworkers and others who could provide insights into the matter. When an investigation is complete, investigators will submit their findings to a Board panel for further review.
- Probable cause determination: A review panel will examine the investigator's findings and determine whether there is probable cause to justify filing a formal complaint and proceeding with disciplinary action against a nurse.
- Hearing: A nurse has the right to a hearing if they dispute any of the facts of the case. A hearing gives a nurse the opportunity to tell their side of the story to the Board. If you request a hearing, having legal representation is critical. We'll ensure you leverage this opportunity to its full potential by introducing evidence, challenging the Board's evidence, and taking any other steps necessary to show why harsh disciplinary action may be inappropriate in a case like yours.
- Final order or consent agreement: If a nurse doesn't ask for a hearing, they may enter into a consent agreement or settlement with the Board. This involves admitting to a violation and accepting disciplinary action accordingly. If a nurse requests a hearing, the judge will make a determination regarding how the Board should proceed upon the conclusion of said hearing.
The Board will consider the judge's recommendations. Upon taking disciplinary action, the Board will notify a nurse. Our team can answer your questions if you're unclear on what the Board's final decision requires of you.
How Licensing Issues Can Affect a Jacksonville Metropolitan Area Nurse Outside of Florida
The Board participates in Nursys. This network connects nurse licensing boards from states throughout the country.
The Nursys system can be very helpful if you're a nurse who is moving to another state or would like to practice nursing in multiple regions. Linking the records of various nursing boards simplifies the process of getting licensed in another state.
However, it also means that nursing boards and potential employers in other states can easily learn of any disciplinary action the Board has taken against a nurse. Thus, if you face disciplinary action in Metro Jacksonville, you may face difficulties securing employment outside of Florida.
This is yet another reason to enlist the help of professionals when the Board is considering disciplinary action. Serving nurses across Northeast Florida and Georgia, our Professional License Defense Team at the Lento Law Firm works with nurses facing Board investigations, offering a service tailored to your specific situation.
How Our Jacksonville Metropolitan Area Nurse License Defense Team Help
The exact way we approach your case will depend on many factors. They include (but aren't necessarily limited to):
- The nature of the allegations
- Whether this is your first disciplinary issue
- The forms of disciplinary action the Board is considering
We'll tailor our license defense services to the details and specifics of your case. Generally, though, we may help you by:
- Reviewing your case: You may have many questions upon learning the Board has initiated an investigation. We can review your case and answer your questions, helping you better understand the allegations and the potential outcomes.
- Representing you: This isn't a criminal case. It's important not to make the mistake of hiring a criminal defense lawyer, as they might be unfamiliar with the Board's processes. That said, as with a criminal case, if you speak to investigators on your own behalf, you run the risk of making statements that could be used against you. We'll guard against that by speaking for you and generally providing representation throughout an investigation.
- Gathering evidence: Again, every case is different. Sometimes, it's necessary to investigate and gather evidence to support an alibi if you've been accused of wrongdoing that you didn't commit. Or, it may be necessary to challenge the evidence the Board presents. In either case, our team has the experience and resources necessary to help in this capacity.
From Jacksonville to Orange Park, our Professional License Defense Team is available to serve virtually any nurse in the Jacksonville Metropolitan Area. Reviewing your case with a member of our team is the best way to learn more about the specific ways we can help you right now.
Contact the Lento Law Firm for Nurse License Defense Services in Metro Jacksonville
It doesn't matter if you're a nurse working at a major clinic like Jacksonville's branch of the Mayo Clinic or you work at a smaller facility in one of Metro Jacksonville's suburbs. If you're facing disciplinary action against your license, our Professional License Defense Team at the Lento Law Firm is prepared to offer a rigorous defense. Find out more about what we can do for you by calling us at 888-535-3686 or submitting your information online.
