In Florida, Nurses play an indispensable role in delivering quality healthcare and ensuring patient safety. With that privilege comes significant responsibility—and strict oversight by the Florida Department of Health (DOH) and the Florida Board of Nursing. One of the most serious situations a nurse can face is an Administrative Complaint alleging violations of the Florida Nurse Practice Act, specifically Florida Statute 464.018(1)(d)3.
At Elevate Legal Services, PLLC, we focus exclusively on protecting the professional licenses and livelihoods of Florida healthcare providers. Our Boca Raton-based law firm has extensive experience defending nurses against DOH Administrative Complaints, emergency suspension orders, and license discipline. If you’re under investigation or have already received a formal Administrative Complaint, it’s critical to act quickly, and we’re here to help you every step of the way.
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to schedule your confidential consultation. The sooner you respond, the stronger your defense can be.
What Is Florida Statute 464.018(1)(d)3?
Florida Statute 464.018(1)(d)3 grants the Florida Board of Nursing the authority to discipline nurses for:
“Being unable to practice nursing with reasonable skill and safety to patients because of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.”
This provision is intended to protect the public from impaired practitioners, but it can also lead to harsh consequences for nurses, sometimes based on misunderstandings, isolated incidents, or unsubstantiated allegations.
Importantly, this statute applies not only to active impairment but also to situations where a nurse is perceived to be unable to practice safely due to a health condition, mental illness, or substance use.
Common Violations of F.S. 464.018(1)(d)3
Administrative Complaints under this statute often stem from a wide range of allegations, including both physical and behavioral concerns. Here are some of the most common (and unique) scenarios that may trigger a complaint:
1. Substance Abuse Allegations
- Positive drug or alcohol tests while on duty
- Being arrested or convicted of DUI or drug-related offenses
- Impairment observed by colleagues or supervisors
- Admission to a treatment program following a substance-related incident
2. Mental Health Concerns
- Being diagnosed with a mental health condition that allegedly affects clinical judgment
- Psychiatric hospitalizations or treatment history
- Reports from coworkers expressing concern over erratic or unsafe behavior
- Allegations of emotional instability or inability to handle stress in the workplace
3. Physical Health Conditions
- Seizure disorders or other medical conditions that may lead to loss of consciousness while working
- Severe, unmanaged chronic illnesses that interfere with safe patient care
- Physical disabilities that impact the nurse’s ability to perform essential job functions
4. Accusations of Impaired Performance
- Medication errors, charting mistakes, or other clinical errors attributed to impairment
- Inability to complete tasks, frequent tardiness, or appearing disoriented
- Slurred speech, unsteady gait, or other observable signs of impairment on the job
5. Voluntary Admission or Disclosure
- A nurse voluntarily reporting a substance use or health condition to an employer or the Intervention Project for Nurses (IPN)
- Self-disclosure during a license renewal or application process
6. Participation in IPN
- Violating the terms of an IPN monitoring agreement
- Testing positive for substances while in the IPN program
- Failing to report required information to IPN or DOH
What Are the Penalties for Violating F.S. 464.018(1)(d)3?
If the Florida Department of Health substantiates the allegations, the penalties can be severe and may include:
License Suspension or Revocation: Loss of your nursing license, either temporarily or permanently.
Administrative Fines: Financial penalties often exceeding thousands of dollars.
Mandatory Participation in IPN: Enrollment in the state’s monitoring program for impaired practitioners.
Continuing Education Requirements: Mandatory courses on ethics, patient safety, or substance abuse.
Public Reprimand: Formal discipline published on the DOH website and accessible to employers.
Probation: Ongoing monitoring and work restrictions for a set period.
These penalties can have long-term consequences for your nursing career, personal reputation, and financial stability.
Step-by-Step Guide to Responding to a DOH Administrative Complaint
If you’ve received a Notice of Administrative Complaint from the Florida Department of Health or Board of Nursing, don’t panic—but don’t delay either. Follow these essential steps to protect your license and your future:
Step 1: Read the Complaint Thoroughly
Carefully review the entire complaint. Pay attention to:
- The specific statute or rule cited (e.g., F.S. 464.018(1)(d)3)
- The factual allegations against you
- The evidence referenced (if any)
- Deadlines for your response
Step 2: Contact a Qualified Administrative Law Attorney Immediately
Do not attempt to respond on your own. Anything you say can be used against you in formal proceedings. An experienced attorney can:
- Analyze the complaint and identify weaknesses in the DOH’s case
- Advise you on your legal rights and obligations
- Craft a strategic, legally sound response
- Represent you in all communications with DOH investigators
Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to protect your license from day one.
Step 3: Preserve All Relevant Records and Evidence
Gather:
- Medical records related to any health conditions or treatment
- Documentation of IPN participation, if applicable
- Employment records, evaluations, or commendations
- Witness statements supporting your competence and fitness to practice
- Any other materials that can help rebut the allegations
Step 4: File Your Election of Rights Form
With the complaint, you’ll receive an Election of Rights form. You must choose one of the following:
- Informal Hearing: You admit to the allegations but want to dispute the penalty.
- Formal Hearing: You dispute the allegations and want to present evidence at a hearing before an administrative law judge.
- Settlement Negotiations: You wish to negotiate a resolution, often involving reduced penalties or monitoring terms.
Choosing the wrong option can jeopardize your defense. Always consult legal counsel before making this decision.
Step 5: Build a Comprehensive Defense Strategy
A skilled attorney will help you:
- Challenge the sufficiency and reliability of the evidence
- Present mitigating factors, such as treatment compliance or workplace support
- Secure expert testimony if needed
- Negotiate for dismissal, reduced penalties, or alternative resolutions
Why Choose Elevate Legal Services, PLLC?
At Elevate Legal Services, PLLC, we are proud to be one of Florida’s most trusted law firms for defending healthcare professionals facing DOH Administrative Complaints. Here’s why nurses across the state turn to us for help:
Specialized Focus
We concentrate exclusively on defending Florida nurses, physicians, and healthcare licensees in administrative law matters.
This means we understand the nuances of DOH investigations, Board of Nursing procedures, and administrative hearings.
Extensive Experience
Our attorneys have successfully defended countless nurses facing allegations under F.S. 464.018(1)(d)3 and other disciplinary statutes. We know how to craft compelling defenses that protect your license and livelihood.
Aggressive, Strategic Defense
We fight hard to dismiss or reduce charges wherever possible. When dismissal isn’t possible, we work to secure fair, manageable outcomes that allow you to continue practicing.
Personalized Representation
You’ll never be treated like just another case file. We provide attentive, personalized legal counsel tailored to your unique situation.
Statewide Representation
While based in Boca Raton, we represent nurses and healthcare professionals throughout Florida—from Miami to Jacksonville and beyond.
Final Thoughts
If you’re a nurse facing an Administrative Complaint under Florida Statute 464.018(1)(d)3, it’s critical to understand that your license—and your career—are on the line. The process may feel overwhelming, but with the right legal team by your side, you can take control of the situation.
Don’t let an Administrative Complaint define your future. Take action today.
Call Elevate Legal Services, PLLC at 561-770-3335 or email [email protected] to schedule a confidential case consultation.
Your license, reputation, and livelihood are worth fighting for—and we’re ready to fight for you.
