As its descriptive name suggests, Cape Coral is among Florida's most beautiful communities. The overall Cape Coral-Fort Myers area also includes such noteworthy towns as Naples, Marco Island, and Clewiston, among other smaller ones in the region.
Working as a nurse in the Cape Coral-Fort Myers area gives you the chance to provide valuable services to your neighbors. However, if you engage in misconduct or break the rules of the Florida Board of Nursing (referred to going forward as simply “the Board,”) your nursing license may be subject to disciplinary action.
Are you in need of nursing license defense services in the Cape Coral-Fort Myers area? If so, our Professional License Defense Team at the Lento Law Firm can review your case and answer your questions.
Because we work with nurses and other such professionals facing disciplinary action against their licenses, we offer the type of experience you deserve when your career may be at stake. Learn more about how we can help you defend your nursing license in the Cape Coral-Fort Myers, FL, area by submitting your information via our online contact form or calling our offices today at 888-535-3686.
Reasons the Board May Take Disciplinary Action Against a Nurse's License in Florida's Cape Coral-Fort Myers Area
The Nurse Practice Act (NPA) is the Florida law granting the Board the authority to discipline nurses for misconduct, rule violations, etc. The law specifies many reasons the Board may have for taking disciplinary action against the licenses of nurses in the Cape Coral-Fort Myers area.
The following categories can help a nurse better understand the potential reasons they may face discipline. That said, these categories aren't necessarily broad enough to cover every single violation that can result in a Board investigation:
- Crimes: The Board may discipline a nurse who's been convicted of a crime (or entered a guilty plea or nolo contendere plea) if the crime relates to the practice of nursing or indicates a nurse may be unable to practice nursing safely.
- Drug issues: A nurse's license may be subject to disciplinary action if they have a drug or alcohol problem that interferes with their ability to safely treat the public. Similarly, the Board may discipline a nurse for improperly prescribing drugs, administering drugs illegally, and other such violations that may occur when a nurse has access to controlled substances.
- Fraud: Various forms of fraud may result in a nurse in the Cape-Coral Fort Myers area facing disciplinary action. For example, the Board may refuse to issue a license to a nurse if it's determined that said nurse engaged in fraud when attempting to procure a nursing license. Or, the Board could discipline a nurse for engaging in fraudulent advertising practices.
- Patient exploitation: The nurse-patient relationship often involves a natural power imbalance. Nurses can face discipline for exploiting this relationship. A nurse could do so by leveraging the imbalance to facilitate a sexual encounter with a patient. Or, a nurse may exploit a patient's vulnerability for a nurse's own financial gain.
It's also worth noting that the types of violations that may result in Board disciplinary action in the Cape Coral-Fort Myers area can vary depending on the specific type of license a nurse has. For example, the NPA states an advanced practice registered nurse (APRN) may be disciplined for reasons that don't apply to other nurses.
Just keep in mind that the above doesn't represent every possible reason the Board may cite for taking action against a nurse's license. If you're under Board investigation, a member of our Professional License Defense Team at the Lento Law Firm would be happy to explain the nature of the allegations—and the forms of disciplinary action you may face.
Forms of Disciplinary Action the Board Can Take Against a Nurse's License in the Cape Coral-Fort Myers Area
Some of the forms of disciplinary action the Board may consider when a nurse allegedly engages in misconduct, violates the law, or otherwise breaks the Board's rules merely limit a nurse's license or warn them against future infractions. Other potential forms of disciplinary action can put a nurse at risk of losing their license.
Forms of disciplinary action you may be subject to if the Board is investigating you in the Cape Coral-Fort Myers area are:
- License denial: The Board can refuse to issue a license to a nurse applying for a nursing license for the first time in Florida, and it can decide not to renew the license of a nurse who's broken a Board rule or law.
- Formal reprimand or letter of concern: This type of disciplinary action is essentially an official warning. However, the Board usually must include these forms of disciplinary action in its regular publication of recent disciplinary actions. In other words, while a reprimand may seem like a minor form of discipline, members of the public (including potential employers) can still learn that a nurse was subject to said reprimand, which could impact a nurse's job prospects or professional reputation.
- Suspension: The Board can temporarily suspend a nurse's license. Sometimes, the Board may require a nurse to satisfy certain conditions before their license suspension can be lifted.
- Probation or restriction: The Board may allow a nurse to continue practicing nursing, even when it determines wrongdoing has occurred. For example, the Board can restrict a nurse's license, only allowing them to perform certain tasks or requiring them to work under the supervision of another. Similar to a license suspension, when the Board decides probation or restricting a nurse's license are warranted, the Board may require a nurse to fulfill relevant conditions, such as completing an educational or training course before the Board will lift probation or restrictions.
- Corrective action: The Board generally has the authority to require a nurse to take some form of relevant corrective action to address an issue. Otherwise, the nurse may face more significant disciplinary action.
- Remedial education: A nurse may have to complete a remedial education course or program to ensure they keep their license and can practice nursing safely.
There may also be financial penalties when the Board investigates a nurse for misconduct. For example, the Board can issue administrative fines of no more than $10,000 for every alleged offense or violation. Or, the Board could require a nurse to refund fees they collected from a patient (or that a third party collected from a patient on behalf of a nurse).
We at the Lento Law Firm Professional License Defense Team can guard against unnecessary Board disciplinary action. If you're facing discipline against your license for alleged wrongdoing in the Cape Coral-Fort Myers area, we're prepared to help.
How Disciplinary Action Against a Nursing License in the Cape Coral-Fort Myers Area May Affect a Nurse Outside of Florida
Like most nursing boards throughout the country, the Board in Florida participates in the Nursys system. This network of nursing boards allows said boards to easily share information, files, data, etc.
Nursys can be helpful when a nurse moves to a new state or wishes to practice nursing in multiple states. If they're licensed in one Nursys state, getting licensed in another is usually easy.
However, by participating in Nursys, the Board also provides other nurse licensing boards with information about disciplinary actions it's taken against nurses' licenses. This means disciplinary action against your license in Florida could affect your career prospects elsewhere. Depending on the nature of the disciplinary action (and the conduct that led to it), another nurse licensing Board might refuse to issue you a license.
We at the Lento Law Firm Professional License Defense Team don't share this information to worry you. We simply want you to appreciate the reality of the situation you're in.
Our team is ready to offer the peace of mind you get when lawyers with experience handling similar cases represent you. Do you work at a major health care facility in the Cape Coral-Fort Myers area, like Cape Coral Hospital, Lee Memorial Hospital, HealthPark Medical Center, or Gulf Coast Medical Center? Or do you operate out of a smaller clinic in the region? In any case, our team is on hand to assist you at this critical time.
A Note on the Intervention Project for Nurses in Florida's Cape Coral-Fort Myers Area
The Board doesn't always opt to discipline a nurse's license even when it determines a nurse has engaged in wrongdoing. For example, the Board might determine a nurse can't practice nursing safely because they're addicted to drugs or alcohol.
A potential alternative to discipline in this scenario would involve presenting the nurse with the option of enrolling in Florida's Intervention Project for Nurses (IPF). This program offers nurses support and treatment to help them overcome substance abuse problems. If a nurse sticks to the requirements and conditions of the program, they may avoid disciplinary action and continue practicing.
However, those requirements and conditions can be very significant and restrictive in some cases. The fact that the IPF represents an alternative to disciplinary action doesn't mean accepting the Board's offer to enroll is always the best decision for a nurse. At the Lento Law Firm Professional License Defense Team, serving nurses throughout the Cape Coral-Fort Myers area, we'd be happy to discuss this topic with you in greater detail should the matter arise in your case.
What a Board Investigation May Involve in the Cape Coral-Fort Myers Area
All cases are unique. The exact details of your case may differ from that of a similar one in.
We can't determine exactly how it may differ without knowing more about the matter. Speaking with a member of our team will give you the chance to discuss in greater detail the unique qualities and factors that may influence how your case plays out.
That said, the Florida Department of Health has established a general procedure regarding enforcement of rules and laws that apply to health care professionals in the state. This procedure governs how the Board conducts its investigation into alleged wrongdoing on the part of nurses.
A Board investigation will typically consist of these steps in the Cape Coral-Fort Myers area:
- Complaint: Someone files a complaint against a nurse with the Department of Health. This could be a patient, colleague, or anyone else who may have knowledge regarding a violation of the NPA. In some cases, such as when nurses self-report criminal convictions, a nurse's own actions may trigger an investigation. Upon receiving a complaint, Department members will conduct an initial review. The purpose of said review is to confirm whether the matter warrants looking into further.
- Investigation: The Department will assign investigators to the case if a complaint appears valid. During an investigation, these team members can request documents, issue subpoenas, ask a nurse to reply to the allegations, and more. While it's important to comply with investigators' requests, it's also important to do so with the help of legal representatives who can protect your rights.
- Presentation of evidence: Investigators will present the evidence they uncover to the Prosecution Services Unit (PSU). PSU will determine whether there's sufficient evidence to issue an administrative complaint.
- Administrative complaint: An official administrative complaint can be resolved in several ways. For example, a nurse may negotiate a deal with the Board, in which they admit to a form of wrongdoing in exchange for lenient discipline. Or, a nurse can request a hearing to share their side of the story.
You don't have to face this process alone. Nor should you. Our Professional License Defense Team at the Lento Law Firm is on hand to guide you through every step.
Contact the Lento Law Firm for Help With a Nurse License Defense Case in the Cape Coral-Fort Myers Area
From reviewing your case and answering your questions, to representing you during hearings with the Board, our Professional License Defense Team at the Lento Law Firm can help in numerous valuable ways when a nurse faces discipline against their license in the Cape Coral-Fort Myers area. Let us get started on your case by reaching out today via our online contact form or by calling our offices at 888-535-3686.
