Between the time and money you've invested in nursing school, the hundreds of hours of clinical experience you've earned, all the work you've done to pass the NCLEX and obtain state licensure, becoming a licensed LPN, RN, or APRN in the Greater Orlando Metropolitan Area is a major achievement. You've forged a career focused on helping others, which is something to be proud of, even though nursing in this region can often feel thankless.
Unfortunately, all your hard work can be jeopardized by a single complaint to the Florida Board of Nursing. Even in Greater Orlando, which boasts the largest healthcare sector in Central Florida, a complaint alleging misconduct can threaten your nursing license and, ultimately, your career.
It may feel unfair, but this scenario happens more often than you might think. Whether due to a misunderstanding, a mistake, or a lapse in judgment, all it takes is one misconduct allegation to place your professional nursing license in danger.
Fortunately, you don't have to face this crisis alone. A skilled professional license defense attorney can help build a strong case to defend your license in the Greater Orlando area. The Lento Law Firm Team knows how difficult it is to be a nurse, and we believe it's vitally important to protect these people who are dedicated to providing quality care.
State licensing boards, including Florida, don't always understand the full scope of a nursing misconduct allegation. The Lento Law Firm's Professional License Defense Team understands Florida's administrative law and knows how to effectively advocate for you. We will give you the best chance to keep your license intact.
If you're seeking capable representation against nurse practitioner license sanctions, the Lento Law Firm's Professional License Defense Team can help. Call us today at 888-535-3686 or contact us online to get started.
What Types of Accusations Can Threaten Your Nursing License in the Orlando Metro Area?
Nurses in Orlando, Kissimmee, Sanford, and the rest of Florida must adhere to the strict ethical and professional standards outlined in the state's Nurse Practice Act. If your license has been called into question, it's most likely because of an alleged violation of these standards or some other breach of public trust. Here are some of the most common reasons why nurses in the Orlando area might face license suspension or revocation:
- Sexual misconduct. As a nurse, you're entrusted with huge levels of discretion and professionalism. You're often required to be with patients in vulnerable situations, such as helping them use the bathroom or bathe themselves. Any sexual conduct, consensual or otherwise, is typically grounds for the suspension or revocation of your license. Note that even consensual romantic relationships with patients are generally considered to be unethical and can result in the loss of your license.
- Drug mismanagement or misuse. Diverting medications, forging prescriptions or drug orders, inappropriately prescribing medications or prescribing them without a valid license, and other forms of negligence around handling medicines can all be grounds for a challenge to your nursing license.
- Patient-care misconduct. Patient neglect, failure to follow protocols, or creating inadequate or improper documentation can put your license at risk. Whether such patient-care misconduct happens as a result of negligence or poor judgment, the consequences could have serious consequences for your career.
- Fraud. Nurses need to be able to be trusted. Tampering with patient records, falsifying qualifications, or inflating insurance bills can all lead to the suspension or revocation of your license.
- Criminal convictions. Being convicted of certain crimes can make you ineligible to hold a nursing license in the state of Florida. This includes convictions for violent felonies, child abuse, or other crimes of moral turpitude, as well as crimes that are directly related to your nursing practice.
Can My Nursing License Be Revoked Over Any Offense?
In Greater Orlando, all decisions about your nursing license will be handled by the Florida Board of Nursing. Technically, they have the right to revoke your license over any offense against the standards outlined in the state's Nurse Practice Act. However, the Board tends to reserve license revocation for only the most severe violations or for nurses who have established a repeated pattern of violations.
The state Board has many disciplinary actions other than revoking your license. If the Board opts to let you keep your license after finding you guilty of a violation, it may still choose to apply other sanctions. These include:
- License suspension. Instead of revoking your license, the Board can choose to temporarily or indefinitely suspend it instead. You'll be restricted from practicing nursing during this license suspension, but you will generally have a path to getting your license reinstated.
- Practice limitations. The Board can place restrictions on your ability to practice healthcare. This can include, for example, limiting your working hours or prohibiting you from performing certain tasks. The Board can also revoke your multi-state license privileges, preventing you from practicing medicine in other states or from practicing in Florida with your out-of-state nursing license.
- Remediation. If the Board determines that a gap in your education caused your violation to occur, it can mandate that you take part in continuing education programs in order to maintain your license. Your license could also be suspended until these remediation requirements are met.
- Alternative-to-discipline programs. These are a common outcome in instances involving substance abuse. The Board can require you to attend a recovery program or participate in supervised monitoring in order to avoid losing your license.
- Fines. Monetary fines can be imposed by the Board. These fines will typically scale up for repeat offenses.
- Formal warning. If the Board determines your offense was a minor one, it can simply reprimand you with a formal warning. This will be recorded on your file, but otherwise, it will not limit your license in any way.
Any of these sanctions can still negatively impact your career, which is why it is important that you take any allegation against you seriously. State Nursing Board disciplinary actions are usually a matter of public record and will show up on license searches for at least three years in the state of Florida. This means that potential employers will be able to see if you have ever received disciplinary measures against your license, which could affect their hiring decisions.
If you're accused of a violation of your nursing license in Orlando, Lakeland, Deltona, or anywhere else in the Greater Orlando area, the Lento Law Firm's License Defense Team can help. We'll gather facts, present your case to the State Board, and do everything in our power to ensure your nursing license—and your reputation—are protected.
The Nursing License Disciplinary Protocol in Orlando
As a practicing nurse in the Greater Orlando area, you should be aware of the process by which disciplinary procedures are handled by the Florida Department of Health, which oversees the enforcement of discipline for healthcare professionals in the state. Most disciplinary cases follow these basic steps:
Complaint
All disciplinary actions start with the submission of a complaint. This complaint will be submitted to the Department of Health. Anyone can file a complaint; typically, these come from patients, their families, your peers, or other healthcare professionals who believe you have violated state standards of conduct.
Review of Complaint
The Florida Department of Health will evaluate the complaint to determine if it falls under the Board of Nursing's authority. This filters out things like general complaints about “bedside manner” or disputes about billing. Should the complaint involve sexual misconduct, mismanagement of medications, fraud, or other violations of the ethical and professional standards established by the Nurse Practice Act, the Department of Health will likely launch its investigation.
Investigation
Investigations into alleged cases of nursing misconduct are carried out by the Department of Health's Investigative Services Unit (ISU). The ISU will conduct an in-depth investigation that seeks to uncover additional information about the allegations. This could include conducting interviews with the complainant, the accused, and any witnesses. The ISU can ask the accused for a written response to the complaint and can even subpoena documents relevant to their investigation. Their goal in all of this is to seek out evidence that supports the allegations.
Probable Cause
After the ISU has conducted their investigation, the case is handed over to the Prosecution Services Unit (PSU). The PSU will review the collected evidence and determine whether or not there is probable cause to administer disciplinary action. A lack of sufficient evidence will result in the dismissal of the complaint. But if the PSU determines there is probable cause for the complaint, the case will move forward. It's worth noting that the PSU has the authority to issue emergency action, such as immediate temporary suspension of a nursing license if they believe there is a present threat to public safety.
Administrative Complaint
When the PSU moves forward with a case, it does so by filing a formal Administrative Complaint with the Department of Health. Once this happens, there are four possible outcomes for the case:
- No contest/hearing waived: In this outcome, the defendant admits to wrongdoing and accepts the Board's disciplinary judgment without a hearing.
- Settlement agreement: In a settlement agreement, a contract is created to formalize an agreement between the Board and the defendant. A skilled legal team can typically negotiate for leniency here, such as the creation of a formal path for the reinstatement of a suspended license.
- No contest/informal hearing: The ultimate outcome here is the same as the first option, but first, there is an informal hearing to discuss disciplinary measures before the Board.
- Formal hearing: Contesting the Administrative Complaint gives one the right to plead their case in a formal hearing before an Administrative Law Judge. The defendant has the right to legal representation in this hearing. The judge will make a recommendation to the Board based on their ruling.
Final Board Decision
Whether or not there is a hearing, the Board will issue its final decision after filing the Administrative Complaint. This includes issuing disciplinary actions, up to and including the revocation of a nursing license.
Appeal
The Board's decision isn't the end, however. Residents of Greater Orlando who disagree with a nursing discipline outcome can file an appeal with the District Court of Florida's Middle District. These appeals can be both time-consuming and costly, and it is rare for the Court to overturn the Board's decision. However, having the right legal representation at your side will give you the best chance to defend your license.
Serving the Greater Orlando Area
Greater Orlando presents many opportunities for nurses, with well-respected facilities like Orlando Health, Nemours Children's Hospital, AdventHealth, and many more. The region's medical community continues to grow in order to keep up with a booming population, meaning there are plenty of opportunities for both new careers and for changes in your current career. But only if your nursing license is in good standing.
Your nursing license is the key to your livelihood. But that license is conditional. If the Florida Board of Nursing investigates a complaint and determines you've violated the terms of your license, they have the authority to suspend or revoke it, putting your career in serious jeopardy.
At the Lento Law Firm, we know how difficult being a nurse can be. We're dedicated to protecting the hardworking individuals who provide quality care to their patients. Nurses can be the targets of complaints as a result of false allegations, honest mistakes, or even simple misunderstandings. No matter what caused a complaint against you, you need to respond as though your entire career may depend on it. Because it very well could.
We proudly represent nurses from across all of Florida, including Greater Orlando. Call the Lento Law Firm at 888-535-3686 today or contact us online to learn how we can defend your nursing license today.
