NURSING LAW: Not Practicing with Reasonable Skill and Safety in Florida

Is your Florida nursing license being investigated for you allegedly being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition? Have you received a letter or been contacted by an investigator with the Florida Department of Health concerning a complaint or investigation of your license? Continue reading this article on what could possible happen to your health care license if found guilty of this charge and what options you may have to combat it. Often times we recommend not contacting the DOH investigator until you have spoken with an experienced health care attorney.

The Florida Department of Health has vast resources to come after your nursing license if they are investigating you. You may think you aren’t abusing any type of drug of alcohol, but the investigators at DOH may think differently! You don’t want to be the losing end of an administrative complaint with your livelihood on the line. There are penalties that could be imposed on your license with severe complications on your ability to make a living. Those include the following:

	Minimum Discipline	Maximum Discipline
First Offense	$250 fine, suspension and IPN evaluation	$500 fine and suspension
Second Offense	$500 fine, suspension and IPN evaluation	Revocation

For a first offense you could face a fine between $250 and $500, but you will also face suspension of your license and mandatory treatment in a drug and alcohol evaluation program (IPN). For a second offense, you could face the same discipline, up to having your license revoked! This offense has serious consequences that will impact your ability to make a living with your health care license. 

However, it is important to note these penalties are not set in stone. The Board of Nursing can take into account any number of aggravating or mitigating factors to increase or lessen the penalties set forth in the rules. When you have an experienced health care attorney defending your license, you stand a much better chance of receiving a lower penalty, or even of getting the complaint against you dismissed.

Should you have any questions or would like additional information about the Board of Nursing investigation/disciplinary process,  please feel free to contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776 to set up your FREE no-obligation consultation with attorney Jeff Howell or attorney Rickey Strong today.   DOH and the Board of Medicine have experienced attorneys on their side.  Shouldn’t you!