Registered Nurses (RNs) in Florida carry the crucial responsibility of protecting patient health and safety. With that responsibility comes strict regulatory oversight by the Florida Department of Health (DOH) and the Florida Board of Nursing. One of the most serious issues a nurse can face is an administrative complaint alleging violations under the Florida Nurse Practice Act, particularly Florida Statute 464.018(1)(d)5.
At Elevate Legal Services, PLLC, we focus solely on defending the licenses and careers of Florida’s healthcare professionals. From our Boca Raton office, we offer strategic legal defense to nurses under investigation or facing disciplinary action. If you’ve received a complaint from the DOH, acting quickly is critical to protecting your license.
Call Elevate Legal Services, PLLC now at 561-770-3335 or email [email protected] for a confidential legal consultation. The earlier you respond, the better your chance of a favorable outcome.
What is Florida Statute 464.018(1)(d)5?
Florida Statute 464.018(1)(d)5 allows the Florida Board of Nursing to discipline any nurse found guilty, regardless of adjudication, of offenses under Chapter 784 of the Florida Statutes, which includes:
“A violation of chapter 784, relating to assault, battery, and culpable negligence.”
If you’re a nurse convicted or found guilty of assault, battery, or culpable negligence, you risk disciplinary actions that may severely impact your career.
Chapter 784 Explained: Assault, Battery, and Culpable Negligence
Chapter 784 covers criminal acts involving personal harm:
- Assault (784.011): A deliberate threat to harm another person that causes a well-founded fear.
- Battery (784.03): Intentional, non-consensual physical contact or harm to another individual.
- Culpable Negligence (784.05): Reckless disregard for the safety of others that exposes them to harm.
These offenses are considered especially serious when committed by medical professionals in a position of trust.
How Nurses Might Violate F.S. 464.018(1)(d)5
Violations often occur in high-stress healthcare environments. Common scenarios include:
- Physical Altercations: Getting into a physical dispute with a patient or coworker.
- Negligent Patient Care: Failing to follow care protocols, resulting in harm.
- Improper Use of Restraints: Applying restraints without authorization or in a harmful manner.
- Medication Errors: Administering incorrect medications due to negligence, leading to injury.
Penalties for Violating Florida Statute 464.018(1)(d)5
If the DOH confirms a violation, potential penalties include:
- License Suspension or Revocation
- Substantial Administrative Fines
- Mandatory Continuing Education
- Public Reprimand
- Probation with Monitoring Conditions
These consequences can be devastating to your professional future—unless you take immediate legal action.
5 Steps to Responding to a Florida DOH Administrative Complaint
If you receive an administrative complaint, follow this step-by-step guide:
Step 1: Thoroughly Review the Complaint
Understand the allegations, timelines, named witnesses, and referenced evidence.
Step 2: Consult an Attorney Immediately
Never respond on your own. A legal misstep could damage your case.
Contact Elevate Legal Services, PLLC at 561-770-3335 or [email protected] for immediate support.
Step 3: Secure All Relevant Evidence
Preserve medical records, emails, or documentation that could support your defense.
Step 4: Complete the “Election of Rights” Form
You must choose one of the following:
- Informal Hearing
- Formal Hearing
- Settlement Negotiation
Consult your attorney before selecting your option.
Step 5: Build a Strong Defense Strategy
Your legal counsel will:
- Dispute the evidence
- Draft a compelling legal response
- Represent you before the Board
- Aim to reduce or dismiss charges
Why Choose Elevate Legal Services, PLLC?
Trusted across Florida, Elevate Legal Services, PLLC is a go-to law firm for defending nurses in administrative legal matters.
- Specialized Experience: Deep knowledge of DOH and Board of Nursing procedures.
- Aggressive Advocacy: Dedicated to protecting your license and reputation.
- Proven Results: We regularly achieve case dismissals and favorable settlements.
- Personalized Legal Care: Boutique attention backed by full-firm support.
We’re not just attorneys—we’re your professional advocates.
Take Action Now
Receiving a complaint under Florida Statute 464.018(1)(d)5 doesn’t have to end your career. But ignoring it could.
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] for a free, confidential consultation. Your defense starts here.
