Protecting Your Career: A Guide To Defending Your Registered Nurse License In Florida

The DOH primarily uses three subsections of Florida Statute §464.018(1) to initiate disciplinary action against a Registered Nurse. Understanding the distinctions between these statutes is vital for building an effective defense strategy.

F.S. §464.018(1)(b): Negligence, Incompetence, and Misconduct

This statute is used when the Board alleges a nurse is unable to practice with reasonable skill and safety due to broad issues of competence, negligence, or misconduct.

Here’s what that means legally:

• Negligence in Patient Care: This is often cited for serious medication errors, failure to monitor a patient appropriately, or an inadequate response to a change in a patient’s condition.
• Clinical Incompetence: Repeated mistakes in fundamental nursing tasks, improper use of medical equipment, or an inability to follow established medical protocols.
• Professional Misconduct: Violating the boundaries of the nurse-patient relationship, falsifying medical records, or violating patient confidentiality (HIPAA).

When facing a (1)(b) allegation, the defense must focus on the clinical facts. We work to establish that the actions did not meet the legal threshold for negligence or incompetence. We also look for procedural or systemic issues that may have contributed to the incident.

Penalties can range from a public reprimand to license suspension or even revocation, depending on the severity of the alleged harm and professional history.

F.S. §464.018(1)(j): Impairment, Substance Abuse, and Evaluation Refusal

This subsection is the primary tool the DOH uses when a nurse’s ability to practice is compromised by addiction, substance abuse, or a physical or mental health condition.

Common Allegations Under (1)(j):

• Practicing While Impaired: Arriving to work intoxicated or displaying erratic behavior indicative of substance use.
• Diverting Narcotics: Stealing or misappropriating controlled substances from patients or hospital stock for personal use.
• Refusal to Comply: Crucially, refusing to undergo a medical or psychological evaluation ordered by the DOH is itself a violation that can lead to immediate license suspension.

For these cases, a solution-oriented approach often involves strategic engagement with the Intervention Project for Nurses (IPN). IPN participation can protect your license from public discipline, but it must be handled carefully.

We provide reassuring guidance on how to navigate the IPN while protecting your long-term career interests and professional reputation.

F.S. §464.018(1)(o) & Rule 64B9-11.002: Rule Violations and Record-Keeping

This is the Board’s “catch-all” statute. It grants disciplinary power for violating any provision of Chapters 464 or 456, or any rule adopted under them.

The associated Rule 64B9-11.002 specifically governs the proper retention, secure storage, and transfer of patient medical records. This is highly relevant for nurses who own practices or work independently.

These are the common record-keeping failures:

• Failing to retain patient records for the legally required duration (generally five years or more).
• Closing a practice without providing the legally required written notification to patients on how to access their files.
• Inadequate, non-secure, or non-HIPAA-compliant storage of confidential records.

Though these may appear to be “technical” violations, the DOH views them as serious breaches of patient safety and confidentiality. We aggressively challenge the factual basis of these claims, demonstrating compliance efforts and mitigating the severity of the alleged rule infraction. Read More About DOH & DBPR Complaints.