As a Certified Nursing Assistant (CNA) in Florida, your license and professional reputation are critical to your livelihood. However, if you are facing an Administrative Complaint from the Florida Department of Health (DOH) for violating Florida Statute 464.204(1)(b) by breaching Section 464.018(1)(e), you could be at risk of disciplinary action, including license suspension, revocation, fines, or probation. Understanding the nature of these violations, the potential consequences, and how to defend yourself effectively is crucial.
At Elevate Legal Services, PLLC, we have extensive experience defending Certified Nursing Assistants (CNAs) facing disciplinary actions from the Florida DOH. Administrative Complaints involving Florida Statute 464.204(1)(b) (which prohibits CNAs from practicing beyond their legal scope) and Section 464.018(1)(e) (which addresses professional misconduct) require a skilled legal defense.
If you are under investigation or have received a formal complaint, call us at 561-770-3335 or email [email protected] to discuss your case and protect your license and career.
Understanding Florida Statute 464.204(1)(b) and Section 464.018(1)(e)
What Does Florida Statute 464.204(1)(b) Prohibit?
Under Florida Statute 464.204(1)(b), it is unlawful for a Certified Nursing Assistant (CNA) to perform duties beyond their authorized scope of practice. CNAs are permitted to provide basic patient care, such as assisting with daily living activities, hygiene, and mobility, but they cannot perform medical tasks reserved for licensed nurses or physicians.
What Is Section 464.018(1)(e) and How Does It Apply?
Florida Statute 464.018(1)(e) addresses professional misconduct and violations of professional ethics. A CNA can be disciplined under this section for:
Negligence or incompetence in patient care.
Failure to comply with Florida nursing regulations.
Engaging in unprofessional or unethical conduct jeopardizes patient safety.
Common violations under these statutes include:
Administering medication without proper authorization.
Performing medical procedures beyond CNA training.
Providing care without proper supervision from a licensed nurse or doctor.
Failure to document patient care properly.
Practicing in a negligent or unsafe manner.
If DOH investigators determine that you have violated these laws, you may face an Administrative Complaint, leading to severe disciplinary actions.
What Happens When You Face an Administrative Complaint?
When a complaint is filed against you, the Florida Department of Health (DOH) initiates an investigation to determine whether disciplinary action is warranted. The process typically follows these steps:
Step 1: Notification of Complaint
You will receive formal notice from the Florida DOH, outlining the specific allegations and citing the violations of Florida law. This notification will also include a deadline for your response.
Step 2: Investigation by the DOH
The DOH will investigate the allegations by:
Interviewing patients, coworkers, and supervisors.
Reviewing patient records and documentation.
Evaluating whether your actions violated the scope of CNA practice.
DO NOT provide statements or documentation without legal counsel, as anything you say can be used against you.
Step 3: Probable Cause Determination
A Probable Cause Panel from the Board of Nursing will review the evidence and determine whether there is enough basis to move forward with formal charges. Possible outcomes include:
Case Dismissal – No sufficient evidence to pursue disciplinary action.
Issuance of an Administrative Complaint – If probable cause is found, formal charges are filed against you.
Step 4: Responding to the Complaint
If an Administrative Complaint is issued, you must file a written response within 21 days. Your response should:
Address the allegations directly.
Provide supporting evidence showing compliance with CNA regulations.
Highlight procedural errors in the investigation.
A well-prepared legal defense can lead to dismissal or reduced penalties.
Step 5: Administrative Hearing or Settlement Negotiation
If the case proceeds, you can:
Request an Informal Hearing – If you accept responsibility but wish to negotiate reduced penalties.
Request a Formal Hearing – If you contest the allegations and wish to present witnesses, evidence, and arguments before an Administrative Law Judge (ALJ).
An experienced attorney can advocate for dismissal or reduced disciplinary actions.
Potential Penalties for Violating Florida Statute 464.204(1)(b) and Section 464.018(1)(e)
If found in violation, potential penalties may include:
Fines range from hundreds to thousands of dollars.
License suspension or revocation.
Probation and mandatory compliance training.
Public disciplinary records, impacting future job opportunities.
With proper legal defense, it is possible to reduce or eliminate penalties.
Defenses Against an Administrative Complaint
At Elevate Legal Services, PLLC, we develop strong defense strategies based on:
Proving you acted within your CNA scope of practice.
Demonstrating lack of sufficient evidence or procedural errors in the DOH investigation.
Challenging witness statements or inaccurate documentation.
Negotiating reduced penalties or settlements when necessary.
If your Certified Nursing Assistant license is at risk, call us at 561-770-3335 or email [email protected] for immediate legal representation.
How to Protect Your CNA License and Career
To avoid future complaints, CNAs should:
Stay updated on Florida CNA regulations.
Work strictly within the scope of practice – never administer medication or perform nursing duties beyond your training.
Maintain proper documentation of patient care.
Follow facility protocols and report any concerns to supervisors.
Seek legal advice if a complaint is filed against you.
By proactively protecting your license, you can ensure career stability and avoid unnecessary legal battles.
Why Choose Elevate Legal Services, PLLC?
At Elevate Legal Services, PLLC, we understand the serious consequences of DOH Administrative Complaints against Certified Nursing Assistants. We provide:
Aggressive legal defense for CNAs facing license suspension.
Expert representation in administrative hearings.
Personalized legal strategies to fight DOH complaints.
If your nursing assistant license is at risk, don’t wait—call us at 561-770-3335 or email [email protected] for a confidential consultation.
Final Thoughts: Protect Your CNA License Today
Facing a Florida DOH Administrative Complaint under Florida Statute 464.204(1)(b) and Section 464.018(1)(e) can be stressful and overwhelming. However, with the right legal defense, you can protect your license, reputation, and career.
At Elevate Legal Services, PLLC, we are committed to defending healthcare professionals against DOH investigations. If you need legal assistance, call us at 561-770-3335 or email [email protected] today. Let us help you fight back and protect your future as a Certified Nursing Assistant.
