As a Registered Nurse in Florida, your professional license is not just a credential—it’s your livelihood. Nurses are held to high standards of care, and any allegations of negligence, incompetence, or misconduct can devastate their reputation, employment, and future in the healthcare industry.
If you’ve received an Administrative Complaint citing Florida Statute 464.018(1)(b) violations, you must act quickly and strategically. At Elevate Legal Services, PLLC, we focus exclusively on defending Florida healthcare professionals against DOH investigations and Administrative Complaints. With years of experience, we understand the stakes and know how to protect your nursing license.
Call us today at 561-770-3335 or email [email protected] to schedule a confidential consultation.
Understanding Florida Statute 464.018(1)(b)
Florida Statute 464.018(1)(b) authorizes the Florida Board of Nursing to impose discipline on any nurse who:
“Is unable to practice nursing with reasonable skill and safety to patients because of illness, drunkenness, or use of drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition.”
In practical terms, this provision allows for disciplinary action in cases involving:
- Negligent patient care
- Demonstrated incompetence in nursing practice
- Misconduct that places patient safety at risk
Common Violations Under F.S. 464.018(1)(b)
Understanding the most frequently cited violations can help you prepare a strong defense. Common allegations include:
1. Negligence in Patient Care
- Failing to properly monitor or assess patients
- Medication errors, including incorrect dosage or administration
- Inadequate response to patient deterioration or distress
2. Clinical Incompetence
- Repeated mistakes in basic nursing tasks
- Improper use of medical equipment or procedures
- Inability to follow protocols or carry out physician orders accurately
3. Professional Misconduct
- Violating HIPAA or breaching patient confidentiality
- Inappropriate relationships or boundary violations with patients
- Falsifying medical records or documentation
- Working while impaired by drugs or alcohol
Potential Penalties for Violating F.S. 464.018(1)(b)
If the Board of Nursing finds you in violation of this statute, consequences may include:
- License suspension or revocation
- Fines exceeding $5,000
- Probation with supervision and reporting requirements
- Mandatory continuing education or remedial training
- Public reprimand available to employers and patients
These penalties can have a long-lasting impact on your professional future. Taking early, informed legal action is critical.
Responding to a DOH Administrative Complaint: A Step-by-Step Guide
Step 1: Review the Complaint Carefully
- Note deadlines for your response
- Understand the specific allegations and rule/statute cited
- Do not contact the DOH directly without counsel
Step 2: Contact a Nurse Defense Attorney Immediately
Legal representation is essential. A seasoned administrative law attorney can help you avoid critical mistakes in your response.
Call Elevate Legal Services, PLLC at 561-770-3335 or email [email protected] for immediate legal support.
Step 3: Secure All Relevant Documentation
- Patient charts, shift notes, and medication logs
- Internal incident reports or witness statements
- Any prior communications or notices from your employer
Step 4: File the Election of Rights Form
You’ll choose between:
- Informal hearing (admit facts, argue for reduced penalties)
- Formal hearing (contest the allegations before an Administrative Law Judge)
- Settlement negotiations (consent agreement)
Discuss your best option with your attorney before filing.
Step 5: Prepare a Strategic Legal Response
Your attorney will draft a comprehensive reply that:
- Addresses each allegation
- Presents evidence of your compliance, training, or lack of wrongdoing
- Highlights procedural or factual errors in the DOH complaint
Why Choose Elevate Legal Services, PLLC?
We’re not just any law firm—we’re a dedicated defense team for Florida healthcare professionals.
Extensive Experience: We’ve represented hundreds of nurses before the Board of Nursing.
Custom Legal Strategies: We tailor each case to the facts, your background, and professional goals.
Strong Results: Many of our cases result in dismissals, reduced penalties, or settlements favorable to our clients.
Clear Communication: We keep you informed and involved at every stage of the process.
Final Thoughts
A complaint under Florida Statute 464.018(1)(b) is serious, but it is not the end of your nursing career—unless you ignore it. With experienced legal counsel by your side, you can respond effectively, defend your license, and protect your future.
Contact Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] for your confidential consultation.
We’re here to fight for your license, your career, and your peace of mind.
