DISCIPLINE RELATED TO NURSING PRACTICE

[This section is taken from F.A.C. 64B9-8, Hearings, proceedings, conferences, discipline (2021), and F.S. 456.072, Disciplinary actions.]

Violations of nursing laws and rules can result in citations, denial of licenses, or disciplinary action.

The Florida Board of Nursing protects the public’s health and welfare by overseeing and ensuring the safe practice of nursing. It regulates and oversees nursing practice by enforcing the nursing laws of Florida. The FBON “has the authority and power to regulate nursing practice utilizing the language stipulated in the Nurse Practice Act. It is also the responsibility of the BON to protect (Florida) citizens’ health, safety, and welfare against substandard nursing care” (Boehning, 2022).

Citations

Violations of Florida law that may result in citations include, but are not limited to:

  • False, deceptive, or misleading depictions of the profession
  • Improper use of a nursing title
  • Unprofessional conduct (see below)
  • Issuance of a worthless bank check to the Department or to the Board
  • Failure to report address change
  • Failure to submit updates of required information in practitioner profile within 15 days after the final activity that renders such information a fact
  • Providing to another individual a confidential password, access code, keys, or other entry mechanisms, which results in a violation of, or threatens, the integrity of a medication administration system or an information technology system

Citations result in monetary penalties as outlined in F.A.C. 64B9-8.006.

UNPROFESSIONAL CONDUCT

Unprofessional conduct by nurses shall include:

  • Inaccurate recording
  • Misappropriating drugs, supplies, or equipment
  • Leaving a nursing assignment without advising licensed nursing personnel
  • Stealing from a patient
  • Violating the integrity of a medication administration system or an information technology system
  • Falsifying or altering of patient records or nursing progress records, employment applications, or time records
  • Violating the confidentiality of information or knowledge concerning a patient
  • Discriminating on the basis of race, creed, religion, sex, age, or national origin in the rendering of nursing services as it relates to human rights and dignity of the individuals
  • Engaging in fraud, misrepresentation, or deceit in taking the licensing examination
  • Impersonating another licensed practitioner or permitting another person to use his certificate for the purpose of practicing nursing
  • Providing false or incorrect information to the employer regarding the status of the license
  • Practicing beyond the scope of the licensee’s license, educational preparation, or nursing experience
  • Using force against a patient, striking a patient, or throwing objects at a patient
  • Using abusive, threatening, or foul language in front of a patient or directing such language toward a patient
  • Accepting a gift from a patient the value of which exceeds the employer’s policy regarding gifts
  • Knowingly obtaining or using or attempting to obtain or use a patient’s property with the intent to temporarily or permanently deprive the patient of the use, benefit, or possession of the funds, assets or property, or to benefit someone other than the patient
  • Delegating the performance of professional responsibilities to a person who the licensee knows, or has reason to know, is not qualified by training, experience, or authorization to perform them

Denial of a License or Disciplinary Action

According to Florida Statute 464.018, the following partial list of acts constitute grounds for denial of a license or disciplinary action for all health professions as outlined in the aforementioned statute:

  • Procuring, attempting to procure, or renewing a license to practice nursing by bribery, by knowing misrepresentations, or through an error of the Department or the Board
  • Having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country
  • Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice of nursing or to the ability to practice nursing
  • Being found guilty, regardless of adjudication, of any of the following offenses:
    • Forcible felony
    • Theft, robbery, and related crimes
    • Fraudulent practices
    • Lewdness and indecent exposure
    • Assault, battery, and culpable negligence
    • Child abuse, abandonment, neglect, and exploitation
  • Domestic violence
  • Making or filing a false report or record that the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so
  • False, misleading, or deceptive advertising
  • Unprofessional conduct, as defined by Board rule
  • Engaging or attempting to engage in the possession, sale, or distribution of controlled substances
  • 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
  • Failing to report to the department any person who the licensee knows is in violation of this or any part of the rules of the Department or the Board
  • Failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience

Disciplinary action may take the form of citations, fines, probation, suspension, or revocation of licenses. (For more information, see F.A.C. 64B9-8.)

Intervention Project for Nurses (IPN)

A nurse’s ability to practice safely can be impaired by physical conditions, psychological problems, or substance abuse and dependence. This impairment results in reduced cognition, memory, and alertness. Motor skills may be altered and an impaired nurse’s decision-making compromised (IPN, 2019).

Florida’s Intervention Project for Nurses was established in 1984 and is contracted with the Florida Department of Health. As part of a disciplinary process or separate from it, the purpose of IPN is to provide “state-wide education, support, and monitoring to nurses with impairing conditions such as substance use disorders, psychiatric, and physical conditions. Nurses are most often referred to IPN by nursing employers due to potential safety to practice concerns” (IPN, 2023).

The IPN program’s objectives are described as follows:

  • To protect the health, safety, and welfare of the public, as risks to patients increase when a nurse providing care has an active impairing condition
  • To offer consultation and educational programs to encourage earlier identification and action when fitness to practice concerns are present
  • To provide support and monitoring to nurses appropriate for IPN while assisting each to maintain professional licensure
  • To supply a cost-effective avenue to help nurses as an alternative to the traditional disciplinary process
  • To retain nurses in the nursing profession
    (IPN, 2023)