FLORIDA NURSING LAWS AND RULES

Florida Nurse Practice Act

The Florida Nurse Practice Act is outlined in the Florida Statutes, Title XXXII, Regulation of Professions and Occupations, Chapter 464, Nursing (Florida Legislature, 2023a). The main priority of the NPA, as defined in the purpose section of F.S. 464.002, 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 Nursing Rules

In Florida, nursing rules and standards are codified in the Florida Statutes (F.S.) and Florida Administrative Code (F.A.C.).

The Florida Statutes, which are updated each year via amendments and repeals by the Florida Legislature, are divided into codes that are further arranged into titles, chapters, parts, and sections (Florida Legislature, 2023b).

The Florida Department of State manages the publishing and weekly updating of the Florida Administrative Code (F.A.C.) (FLDOS, 2010a). Chapter 64B9 of the F.A.C. outlines rules related to nursing.

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 regulatory role of the Department of Health is outlined in F.S. 456.003, Health Professions and Occupations, general provisions, 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 possess at least four years of professional nursing experience, including at least:
  • One advanced practice registered nurse
  • One nurse educator of an approved program
  • One nurse executive
• Three licensed practical nurses who have practiced for at least four years
• Three consumer members who have never been affiliated with the practice of nursing

The members are appointed by the governor and can potentially carry out two terms of four years (FBON, 2023a).

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, 2023a).

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, 2023b). The FBON is responsible for enforcing the rules outlined in the Florida Administrative Code.