FLORIDA NURSING LAWS AND RULES

Florida Nurse Practice Act

In Florida, nursing standards are codified in the Florida Statutes (F.S.) and Florida Administrative Code (F.A.C.). The Florida Statues are a permanent collection of state laws organized by subject area into a code made up of titles, chapters, parts, and sections. The Florida Statutes are updated annually by laws that create, amend, transfer, or repeal statutory material (Florida Legislature, 2019a).

The Florida Nurse Practice Act is outlined in the Florida Statutes, Title XXXII, Chapter 464, Regulation of Professions and Occupations (Florida Legislature, 2019b). The sole legislative purpose of the NPA is to “ensure that every nurse practicing in this state meets minimum requirements for safe practice. It is the legislative intent that nurses who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state.”

Florida Board of Nursing

The practice of nursing in Florida is licensed by the Florida Board of Nursing (FBON), which is under the jurisdiction of the Florida Department of Health. The FBON is funded and supported by mandatory licensure fees paid by nurses wishing to practice legally in the state of Florida.

The role of the Department of Health is outlined in F.S. 456, Health Professions and Occupations, which states that:

(Health) professions shall be regulated only for the preservation of the health, safety, and welfare of the public under the police powers of the state. Such professions shall be regulated when:

  • Their unregulated practice can harm or endanger the health, safety, and welfare of the public, and when the potential for such harm is recognizable and clearly outweighs any anticompetitive impact that may result from regulation.
  • The public is not effectively protected by other means, including, but not limited to, other state statutes, local ordinances, or federal legislation.
  • Less restrictive means of regulation are not available.

MEMBERS

The Florida Board of Nursing consists of 13 members. All members must be residents of the state of Florida, and one must be at least 60 years old. The board must consist of:

  • Seven registered nurses who represent diverse fields and who have been engaged in the practice of professional nursing for at least four years, including at least:
    • One advanced practice registered nurse
    • One nurse educator member of an approved program
    • One nurse executive
  • Three licensed practical nurses who have practiced for at least four years prior to their appointment
  • Three consumer members who have never been licensed nurses and who are in no way connected with the practice of nursing

The members are appointed by the governor for terms of four years (FBON, 2020a).

RESPONSIBILITIES

The Florida NPA authorizes the Florida Board of Nursing to make and enforce rules and regulations for registered nurses, practical nurses, certified nurse assistants, certified nurse-midwives, nurse practitioners, clinical nurse specialists, registered nurse first assistants, and certified registered nurse anesthetists (Florida Legislature, 2019b).

The FBON “licenses, monitors, disciplines, educates, and, when appropriate, rehabilitates its licensees to assure their fitness and competence in providing healthcare services for the people of Florida” (FBON, 2020b). They are responsible for enacting the rules outlined in the Florida Administrative Code.

Florida Nursing Rules

The Florida Administrative Code is the official compilation of administrative rules for the state of Florida. The Department of State oversees the publishing of the F.A.C. and updates it weekly (FLDOS, 2010a). Chapter 64B9 of the F.A.C. outlines rules related to nursing.

PROFESSIONAL ORGANIZATIONS

One of the hallmarks of a profession is that its members band together in collegial association to provide a variety of services for its members. These services include such things as continuing education, collective bargaining, legislative advocacy, and information about the profession. These organizations are not set up by state laws or through the government.

In Florida, professional associations include the Florida Nurses Association (FNA) and state chapters of other specialty associations such as those for nurse practitioners. Typically, associations are run by boards of trustees elected by members who pay voluntary membership dues.

The mission of professional associations is characterized by that of the FNA, which is “advancing the profession of nursing and promoting a healthy Florida” (FNA, n.d.).

The primary difference between the Florida Board of Nursing and professional organizations is that professional organizations have no legal authority, whereas the Florida Board of Nursing has authority because it was established by the Nurse Practice Act with the unambiguous function of promoting and protecting the health of citizens through safe nursing practice.