Board of Nursing | The Health Law Firm Blog

What Happens at a Board of Nursing Meeting?

George F. Indest III is Board Certified by The Florida Bar in Health Law

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Florida Department of Health has many boards which regulate various licensed health care professions. One of the boards that makes up the Department of Health is the Board of Nursing. The Board of Nursing regulates the nursing profession.

The Board of Nursing holds public meetings in which it conducts all of its business. These meetings are scheduled in advance. Notice of when and where they are going to […]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|Board of Nursing, Defense, IPN|

Legal Responsibilities of Nurse Supervisors

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Although a nursing supervisor is liable for her own negligent acts, the employer is liable for the negligent acts of all employees, including nursing supervisors. Supervisors are not generally liable under the doctrine of respondent superior for the negligent acts of those being supervised, unless they can be shown to be independently negligent in how they supervise or fail to supervise. They have the right to direct the nurses who are being supervised. In a health care facility, the supervisor’s powers are derived directly from the facility’s right of control.

A supervisor who knowingly fails to supervise an employee’s […]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|Board of Nursing, Defense, Discipline, Nurse License, Nursing Law Blog|

Nurses Beware of a Disciplinary Action Database Called Licensure QuickConfirm

By Christopher E. Brown, J.D.

Nurses, did you know the National Council of State Boards of Nursing (NCSBN) maintains a database of all state disciplinary actions? This database, called Licensure QuickConfirm, lists all disciplinary actions from the Florida Board of Nursing and forty-six (46) other state boards. It is frequently used by hospitals and medical groups to screen potential employees.

To search the Licensure QuickConfirm list, click here.

Information Comes From the Boards of Nursing.

According to the website, all information listed on the database comes directly from the boards of nursing. A report will contain:– the nurse’s name, – licensed jurisdiction,

– license […]

By The Health Law Firm|2024-03-14T10:01:56-04:00May 15, 2018|Board of Nursing, Discipline, Nurse License|

Florida HB 0653 Signed Into Law; Effective 2/1/2012

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Florida Legislature unanimously passed HB 653 which relaxes some of the draconian exclusions enacted under SB 1986, which went into effect on July 1, 2009. SB 1986, which added provisions to Chapter 456, Florida Statutes, among others, prevented numerous healthcare providers from obtaining or renewing licenses based on prior criminal convictions, which could have occurred decades earlier.

HB 653 has been passed unanimously by the Florida Legislature and has been signed by the Governor to be effective July 1, 2012. It has been signed into law as Chapter 2012-64, Florida Laws and amends Section 456.0635(5), Florida Statutes (2012).

Under HB 653, the professional […]

By The Health Law Firm|2024-03-14T10:01:55-04:00May 15, 2018|Board of Nursing, Department of Health, Nurse License|

Nurse: Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In Florida, You DO NOT Have to Speak to an Investigator!

Despite mailing out hundreds of thousands of postcards and letters to physicians, nurses, dentists, pharmacists, and psychologists throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own interests to investigators. In Florida, you do not have any duty to cooperate with any investigator who is investigating you. This extends to Department of Health (DOH) investigators (who are sometimes titled “Medical Quality Assurance Investigators” or “Medical Malpractice Investigators”), Drug Enforcement Administration (DEA) special agents, police officers, sheriff’s […]

By The Health Law Firm|2024-03-14T10:01:55-04:00May 15, 2018|Administrative Complaints, Board of Nursing, Department of Health, Discipline, Nurse License|

Appealing Final Orders and Emergency Suspension Orders (ESOs)

by George F. Indest III, J.D., M.P.A., LL.M.
Board Certified by The Florida Bar in Health Law

George F. Indest III, Board Certified by The Florida Bar in Health Law

The professional boards for licensed health professionals in Florida, such as the Board of Nursing, are all under the Florida Department of Health (DOH). Each board is responsible for disciplinary actions and other matters regulating the professions under its authority. The investigators and attorneys assigned for Board of Nursing matters all work for or are assigned to the DOH. The Florida DOH is headed up by the Florida Surgeon General. I think of the DOH as the umbrella agency over the professional boards or […]

By The Health Law Firm|2024-03-14T10:01:04-04:00May 15, 2018|Administrative Complaints, Administrative Hearing, Board of Nursing, Defense, Department of Health, Emergency Suspension Order, Nurse License|

Advice for Nurses Regarding Department of Health Investigations

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We see and hear about a lot of incorrect legal advice being given to nurses regarding what they should do if they are being investigated.

The incorrect advice being given even includes mailings they may have received containing a brochure “What Every Nurse Needs to Know” published by the National Council of State Boards of Nursing. It gives advice in response to the question: “What should you do if you are the subject of a complaint?” It advises the nurse to contact the Board […]

By The Health Law Firm|2024-09-27T14:40:14-04:00May 15, 2018|Administrative Complaints, Administrative Hearing, Board of Nursing, CRNA, Defense, Department of Health, Discipline, Insurance, Malpractice|

Preparing for an Informal Hearing Before the Board of Nursing

by George F. Indest III, J.D., M.P.A., LL.M.
Board Certified by The Florida Bar in Health Law

If you are scheduled to appear for an informal hearing before the Florida Board of Nursing, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them.

Limited Circumstances for Informal Administrative Hearing

First, you should understand that you will only be at an informal hearing in which you appear before the Board of Nursing itself for a very limited number of reasons. These will include the following:

If you completed an election of rights (EOR) form and agreed that you did not intend to dispute any material facts alleged against you from the […]

By The Health Law Firm|2024-03-14T10:01:54-04:00May 15, 2018|Administrative Complaints, Administrative Hearing, Board of Nursing, Defense, Department of Health|

Florida Board of Nursing Formal Administrative Hearings and Administrative Complaints

Formal administrative hearings are one of the options provided to a person who has significant interests that will be affected by agency action and who contests the material facts involved in the case. In the practice of nursing, we are usually discussing a hearing involving the professional license of the nurse. In many cases this will be a notice of intent to deny a license application; however, in most cases, it will be based on an administrative complaint filed against the nurse charging the nurse with a violation of the Nurse Practice Act or other misconduct.

The administrative complaint will usually be accompanied by an election of rights (EOR) form. Here is an example of an Election of Rights form.

It […]

By The Health Law Firm|2024-03-14T10:01:54-04:00May 15, 2018|Administrative Complaints, Administrative Hearing, Board of Nursing|

The American Nurses Association Breathes New Life Into The Nursing Code of Ethics For 2015

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On a daily basis, the average nurse uses knowledge, training and ethical standards to make vital decisions regarding patient health. Nurses are required to quickly process simple and complex emergency situations, which leaves little room for second guessing. So, to help guide those in the profession, the American Nurses Association (ANA) created a Code of Ethics.

This Code is the structure that provides foundational standards and offers guidance to practicing nurses for various situations. It also sets the standards against which nursing performance can be judged. For the first time since 2001, the […]

By The Health Law Firm|2024-03-14T10:01:20-04:00May 15, 2018|Board of Nursing, Medicare Fraud, Nurse Depositions, Nurse License, Nurse Practitioner, Nursing Law Blog, registered nurse|