Home to communities like Bradenton, North Port, Venice, Palmetto, and, of course, its namesake, the Sarasota metropolitan area is a gorgeous part of Southwest Florida. You may know this quite well if you practice nursing in this region.
You might also know that the Florida Board of Nursing (referred to simply as “the Board” going forward) has the authority to take disciplinary action against your nursing license if you engage in various forms of misconduct. The types of disciplinary action the Board can take may jeopardize a career you've worked very hard for.
If you're facing disciplinary action against your nursing license in the Sarasota metropolitan area, a proper defense can make a significant difference in how your case plays out. From Sarasota to Bradenton Beach, our Professional License Defense Team at the Lento Law Firm represents clients just like you throughout the area. Learn more about our nurse license defense services by submitting your information through our online form or calling us today at 888-535-3686.
Reasons a Nurse May Need Nurse License Defense Services in the Sarasota Metropolitan Area
The Florida Nurse Practice Act (NPA) is the Florida statute granting the Board its powers, authorities, and responsibilities. The NPA specifies the types of acts that can give the Board reason to take disciplinary action against a nurse's license in the Sarasota metropolitan area.
A nurse may face disciplinary action for any of the following:
- Engaging in bribery, misrepresentations, or other such practices when procuring or attempting to procure a nursing license
- Having had disciplinary action taken against one's nursing license in another jurisdiction
- Being found guilty of, entering a plea of guilty of, or entering a plea of nolo contendere of a crime that is related to the practice of nursing or to one's ability to practice nursing safely
- Being found guilty of, entering a plea of guilty of, or entering a plea of nolo contendere of certain Florida crimes relating to theft/robbery, fraudulent practices, lewdness and indecent exposure, assault/battery/culpable negligence, child abuse, protection from abuse/neglect/exploitation, child abuse/abandonment/neglect, or any crime that is considered a felony under Florida law or federal criminal law (when one is applying for a multistate license or already has a multistate license)
- Being found guilty of, entering a plea of guilty of, or entering a plea of nolo contendere of certain crimes specified in Florida's relevant law on employment screening or in a similar law from another jurisdiction
- Being found guilty of, entering a plea of guilty of, or entering a plea of nolo contendere of any crime that may constitute domestic violence
- Improper filing of records/reports, such as knowingly filing false reports, failing to file reports one knows are necessary, or attempting to prevent someone else from filing a necessary report
- Engaging in false, misleading, or deceptive advertising tactics
- Engaging in unprofessional conduct, as the Board defines it
- Attempting to sell, use, possess, or otherwise handle controlled substances in any manner that is not permitted for nurses under Florida law
- Being unable to safely offer nursing services due to alcohol or drug dependency, a mental or physical condition, or related struggles/issues
- Not properly reporting to the Board a violation someone else may have committed
- Knowingly violating any of the rules here or any lawful rules/orders of the Board
- Not meeting the minimum standards for nursing practice in the state, which could include attempting nursing tasks for which one isn't qualified
How the Board may discipline a nurse can depend on the nature of the violation. In addition, disciplinary action isn't the only option the Board may consider when a nurse has violated the Board's rules or the NPA.
For example, maybe the Board is considering disciplinary action because a nurse has a drug problem that interferes with their ability to safely treat patients. In this case, the Board might also consider asking a nurse to enroll in the Intervention Project for Nurses (IPN), an alternative to disciplinary action when nurses struggle with substance issues.
Our Professional License Defense Team can help you weigh your options when the Board presents such opportunities. That's just one of many ways we're prepared to help nurses throughout the Sarasota metropolitan area.
Special Rules for Advanced Practice Registered Nurses in the Sarasota Metropolitan Area
The Florida NPA also establishes rules that exclusively apply to advanced practice registered nurses (APRNs). Under the law, APRNs may face disciplinary action for any of the reasons listed in the previous section of this guide.
Additional reasons an APRN's license may be subject to disciplinary action in the Sarasota metropolitan area include:
- Presigning blank prescription forms
- Prescribing certain Schedule II medicinal drugs for office use
- Prescribing certain Schedule II drugs (like amphetamines) except in specific circumstances when the NPA permits doing so
- Prescribing growth hormones, testosterone, or similar substances/treatments for the purposes of “muscle building” or enhancing athletic performance
- On one's prescription form, promoting a community pharmacy, unless the form also states the patient may fill the prescription at any pharmacy of their choice
- Preparing (in any capacity) a legend drug except in the course of one's professional practice
- Dispensing/prescribing/administering certain drugs to oneself unless another professional with valid authority has done the prescribing
- Providing anyone with amygdalin (which can involve indirectly providing it, such as prescribing the drug)
- Violating Florida's “dispensing practitioner” law
- Through any medium of communication, promoting or advertising any drug that qualifies as a controlled substance under Florida law
- Delegating certain responsibilities to someone when one knows or has reason to believe the person to whom one is delegating such tasks or responsibilities is not qualified to handle them
Be aware that our Lento Law Firm Professional License Defense Team is also qualified to serve the needs of APRNs in the Sarasota metropolitan area.
Reasons the Board May Discipline an Autonomous Advanced Practice Registered Nurse in the Sarasota Metropolitan Area
A nurse registered as an autonomous APRN in Florida is subject to the same rules all nurses must abide by. These types of nurses may also face disciplinary action for the following conduct or offenses:
- Receiving any form of payment or similar personal benefit in exchange for referring patients to other professionals or facilities for health-related services
- Leveraging the nurse-patient relationship for the purpose of facilitating sexual activity
- Making fraudulent, deceptive, or untrue misrepresentations related to one's nursing practice
- Failing to keep proper and legible medical records
- Exploiting the nurse-patient relationship for one's financial gain
- Except in unique circumstances, such as emergency situations, performing nursing services that neither a patient nor their personal representative has consented to
- Performing any procedure that the professional community would generally regard as constituting experimentation on a human subject unless one has received proper and informed consent from a patient first
- Committing or conspiring to commit any act that might be regarded as an attempt to prevent another APRN from lawfully advertising their services
- Through advertising or other such means, indicating one has received a professional certification in a specialty when one has not actually received this certification
- Lying or otherwise engaging in fraud or deception when providing expert witness testimony related to advanced nursing practice or specialized nursing practice
At the Lento Law Firm Professional License Defense Team, we understand how the specific license a nurse has can influence how they may face disciplinary action. We'll account for this when working on your defense.
Other Reasons for Nursing Board Disciplinary Action in the Sarasota Metropolitan Area
Along with the reasons previously mentioned, the section of Florida law regarding the types of disciplinary actions the Board can take also cites additional reasons a nurse's license may be subject to discipline.
Additional reasons for discipline not covered in any of the above sections are:
- Using a Class III or a Class IV laser product without first properly registering it as required by Florida law
- Noncompliance with educational course requirements regarding HIV and AIDs
- Being found liable (in a civil proceeding) for having made a false report or complaint about another nurse or licensed professional
- Assisting or attempting to assist anyone who breaks the laws or rules for nurses in Florida
- Failing to perform any legal obligation one has due to one's status as a licensed nurse
- Performing outside the scope of one's practice or outside of one's abilities
- Interfering with a lawful investigation
- Noncompliance with educational course requirements for domestic violence
- Not properly identifying oneself to a patient in a manner that allows a patient to understand the nature of a nurse's license
- Not providing patients with the required information regarding their rights or making complaints
- Engaging or attempting to engage in sexual misconduct as defined under the law
- Noncompliance with the requirements for credentialing and profiling, such as making deceptive statements on a professional profile
- Failing to report to the Board within 30 days a conviction (or similar case outcome) of any crime in any jurisdiction
- Using motor vehicle accident report information for the purposes of soliciting business
- Testing positive for a drug during a pre-employment screening if one doesn't have a prescription for said drug
- Performing procedures or services on the wrong patient, on the wrong part of a patient's body, etc.
- Leaving any foreign body in a patient
- Engaging in upcoding personal injury protection claims as the law defines it
- When entering a personal injury protection claim, as Florida law requires, intentionally submitting a claim or billing for services a nurse didn't actually provide
All this information should make it clear that there are many reasons a nurse in the Sarasota metropolitan area could face Board discipline. Whatever the reason is, when a nurse in the Sarasota metropolitan area is under Board investigation, we at the Lento Law Firm Professional License Defense Team can help.
Ways the Board May Discipline Nurses in the Sarasota Metropolitan Area
The Board's authority permits it to take several forms of disciplinary action against a nurse's license. Options the Board may consider when disciplining a nurse are:
- Denying an applicant a new license or a renewed license
- Suspending a nurse's licensing
- Permanently revoking a nurse's license
- Restricting a nurse's license, such as restricting a nurse so that they may only work in certain settings, may only perform certain nursing tasks, etc.
- Imposing an administrative fine of no more than $10,000 for each count/offense
- Issuing a formal reprimand or letter of concern
- “Sentencing” a nurse to probation, during which a nurse may need to comply with various conditions of the Board
- Requiring a nurse to take some form of corrective action (which can vary depending on the nature of the alleged offense/misconduct)
- Requiring a nurse to refund fees collected from a patient
- Requiring a nurse to undergo remedial education
Many factors can influence how the Board chooses to discipline a nurse. Our Lento Law Firm Professional License Defense Team will protect your rights, guarding against disciplinary action that's excessive or unjustified.
How the Lento Law Firm Helps Nurses Who Need License Defense Services in the Sarasota Metropolitan Area
Our Professional License Defense Team at the Lento Law Firm helps nurses in Southwest Florida by:
- Reviewing cases and answering questions
- Explaining the nature of the charges a nurse may be facing
- Handling all correspondence with the Board during an investigation
- Representing a nurse during hearings, interviews, etc.
Those are just examples. The best way to learn how we may specifically approach a case like yours is to speak with a member of our team.
Contact the Lento Law Firm for Help With a Sarasota Metropolitan Area Nurse License Defense Case
At the Lento Law Firm, our Professional License Defense Team represents nurses throughout the Sarasota Metropolitan Area. Do you work out of a major healthcare facility, like Sarasota Memorial Hospital or Centerstone Hospital in Bradenton? Or do you work for a smaller clinic in a community like Longboat Key, Holmes Beach, or Anna Maria?
In either case, we're prepared to offer our services when the Board is considering disciplinary action against your license. Stop stressing and start taking a proactive approach to defending your career by contacting our Lento Law Firm Professional License Defense team via our online contact form or by calling our offices today at 888-535-3686.
