Registered Nurses in Florida are entrusted with a critical responsibility—safeguarding patient health and welfare. Along with this responsibility comes strict oversight by the Florida Department of Health (DOH) and the Florida Board of Nursing. One of the more serious issues an RN can face is an Administrative Complaint alleging violations of Florida Statute 464.018(1)(o) and Rule 64B9-11.002.
At Elevate Legal Services, PLLC, we focus exclusively on protecting the licenses and careers of healthcare providers across Florida. From our Boca Raton office, we provide strategic defense for nurses under investigation or facing formal administrative action. If you’ve received a complaint from DOH, time is of the essence.
Call 561-770-3335 or email [email protected] today to schedule your confidential consultation.
What is Florida Statute 464.018(1)(o)?
Florida Statute §464.018(1)(o) authorizes the Board of Nursing to discipline any nurse who:
“Violates any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.”
This broad statute gives DOH the ability to pursue disciplinary action for a wide range of alleged infractions, including those detailed in associated administrative rules, such as Rule 64B9-11.002.
What Is Rule 64B9-11.002?
Rule 64B9-11.002 of the Florida Administrative Code governs the storage, maintenance, notification, and transfer of medical records when a nurse relocates or terminates their practice.
Key requirements include:
- Proper retention and secure storage of patient records
- Adequate written notification to patients on how to access their records
- HIPAA-compliant transfer of records to authorized providers
Violations of this rule may endanger patient care, compromise confidentiality, and expose nurses to significant sanctions.
Common Violations of 464.018(1)(o) and 64B9-11.002
1. Improper Retention of Medical Records
- Failing to retain patient records for the legally required duration (generally 5 years or more)
- Losing access to stored records due to mismanagement
- Storing records in a non-secure, non-HIPAA-compliant environment
2. Failure to Notify Patients
- Not notifying patients when relocating, closing, or retiring from practice
- Failing to provide the required 30-day written notice with instructions for obtaining their records
3. Inadequate Record Transfer
- Refusing or delaying transfer of patient records to another provider upon request
- Transferring records without appropriate patient authorization
4. Abandoning Records
- Closing a practice without designating a records custodian
- Leaving patient files behind without secure handling or communication to patients
5. Falsification or Alteration of Records
- Altering documentation to hide errors or omissions
- Inserting false entries in charts or medication logs
6. Other Violations Under Chapters 456 and 464
- Practicing outside the authorized scope of practice
- Failing to complete continuing education requirements
- Failing to report criminal convictions related to the practice of nursing
What Penalties Could You Face?
If the Board of Nursing finds a violation of §464.018(1)(o) or Rule 64B9-11.002, disciplinary actions may include:
- License suspension or revocation
- Administrative fines (often up to $5,000 per violation)
- Mandatory continuing education
- Probation or monitored practice
- Public reprimand, accessible to employers via DOH’s license verification system
These consequences can seriously affect your ability to work as a nurse in Florida—or anywhere else.
Step-by-Step Guide to Responding to a DOH Administrative Complaint
Step 1: Review the Complaint Carefully
Examine the complaint and identify:
- The statutes or rules allegedly violated
- Timeline of events and any listed witnesses
- Documentation referenced by the DOH
Step 2: Do Not Respond Alone
Avoid responding before speaking with an experienced attorney. Even well-meaning statements can be misinterpreted or used against you.
Call Elevate Legal Services, PLLC at 561-770-3335 to protect your rights from the beginning.
Step 3: Preserve All Relevant Evidence
Secure any documentation that may be relevant, including:
- Patient medical records
- Email communications
- Copies of patient notifications or record transfer requests
Step 4: Submit the Election of Rights Form
You will receive a form allowing you to choose how to proceed:
- Informal Hearing – You do not dispute the facts but want to argue the penalty
- Formal Hearing – You dispute the allegations and request a full hearing before an administrative law judge
- Settlement Negotiation – You may negotiate a consent agreement to resolve the matter
This decision should be made in consultation with your attorney.
Step 5: Build and Execute a Defense Strategy
Your attorney will:
- Review and challenge the evidence
- Draft a comprehensive written response
- Represent you during hearings
- Negotiate to reduce or dismiss penalties whenever possible
Why Choose Elevate Legal Services, PLLC?
We are one of Florida’s leading firms in administrative defense for nurses and healthcare professionals.
We offer:
- Proven experience with DOH, the Florida Board of Nursing, and the Division of Administrative Hearings
- Aggressive legal advocacy tailored to your professional background
- Personalized representation with prompt communication and compassion
- Successful track record in obtaining dismissals, settlements, and non-disciplinary resolutions
We know your license is more than a credential—it’s your livelihood.
Final Thoughts
Receiving an Administrative Complaint under Florida Statute 464.018(1)(o) and Rule 64B9-11.002 is serious, but it doesn’t have to end your career. With proper legal support, you can defend your license, clear your name, and move forward with confidence.
Call Elevate Legal Services, PLLC at 561-770-3335 or email [email protected] today for a confidential consultation. Let us help you protect your nursing license, your reputation, and your future.
