A Registered Nurse (RN) license is an essential credential for practicing nursing in Florida. However, if you have received a Notice of Administrative Complaint from the Florida Department of Health (DOH) regarding violations of Florida Statute 464.018(1)(j), your career, reputation, and livelihood may be at risk.
At Elevate Legal Services, PLLC, we understand the high stakes involved in a DOH investigation and have extensive experience defending registered nurses facing Administrative Complaints. If you are accused of being unable to practice with reasonable skill and safety due to substance abuse, mental health impairment, or a physical condition, DOH may take disciplinary action, including suspension or revocation of your nursing license.
Do not wait to protect your license. Call Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected] to discuss your case and get the legal defense you need.
Understanding Florida Statute 464.018(1)(j) (2024)
What Does Florida Statute 464.018(1)(j) Cover?
Florida Statute 464.018(1)(j) provides grounds for disciplinary action against a registered nurse (RN), licensed practical nurse (LPN), or advanced practice registered nurse (APRN) who is:
Unable to practice nursing safely and competently due to:
- Substance abuse (alcohol or drugs)
- Mental illness or psychological conditions
- Physical impairments affecting cognitive or motor functions
- Refusing to undergo a medical or psychological evaluation ordered by DOH
If DOH finds probable cause that a nurse poses a risk to patient safety, they can require the nurse to undergo a medical or psychiatric evaluation. Failure to comply can result in suspension or revocation of a nursing license.
Common Violations of Florida Statute 464.018(1)(j) (2024)
A Registered Nurse (RN) can face a DOH Administrative Complaint for numerous reasons related to substance abuse, mental health concerns,
or physical impairments. Below are the most common violations that lead to disciplinary action under F.S. 464.018(1)(j).
1. Practicing While Under the Influence of Alcohol or Drugs
- Arriving at work intoxicated or impaired
- Displaying erratic behavior, slurred speech, or poor coordination
- Failing a drug or alcohol screening after a workplace incident
2. Diverting Narcotics or Controlled Substances
- Stealing or misappropriating medications from patients or hospital stock
- Forging or altering prescriptions to obtain controlled substances
- Taking leftover or unused patient medications for personal use
3. Using Illegal Drugs or Abusing Prescription Medications
- Testing positive for illicit drugs such as cocaine, methamphetamine, or heroin
- Overusing prescription opioids, benzodiazepines, or sleep aids
- Engaging in doctor shopping to obtain multiple prescriptions unlawfully
4. Neglecting Patient Care Due to Impairment
- Administering incorrect dosages of medication due to impaired judgment
- Failing to document patient care properly due to cognitive issues
- Falling asleep or being unresponsive while on duty
5. Failing to Report a Substance Abuse Issue or Seek Treatment
- Ignoring visible symptoms of impairment and continuing to work
- Refusing to participate in an approved impairment treatment program
- Failing to self-report substance abuse issues to the Board of Nursing
6. Refusing a Mandatory Mental or Physical Examination Ordered by DOH
- Defying a DOH directive to undergo medical or psychiatric evaluation
- Avoiding drug testing or failing to provide required medical records
7. Being Disciplined by Another State for Impairment Issues
- Facing license suspension or revocation in another state due to substance abuse
- Continuing to practice in Florida despite restrictions in another jurisdiction
8. Failing to Comply with an Alternative to Discipline Program
- Skipping mandatory therapy, counseling, or recovery meetings
- Testing positive for alcohol or drugs while under monitoring
- Violating the terms of Florida’s Intervention Project for Nurses (IPN)
Unique Violations of Florida Statute 464.018(1)(j) (2024)
- Administering medication while impaired, including giving patients incorrect dosages or the wrong medication
- Making repeated medical errors due to undiagnosed cognitive issues
- Causing patient falls, injuries, or medication errors due to impairment
- Altering documentation to hide mistakes caused by substance abuse
- Experiencing withdrawal symptoms while on duty, leading to confusion or delirium
- Asking coworkers to cover up mistakes caused by intoxication
- Tampering with drug test results or urine samples
Consequences of Violating Florida Statute 464.018(1)(j)
If the Florida Department of Health (DOH) determines that a nurse is impaired and unable to practice safely, potential penalties include:
- License suspension or revocation
- Mandatory enrollment in a substance abuse treatment program
- Fines ranging from $500 to $10,000 per violation
- Random drug and alcohol testing for an extended monitoring period
- Referral to Florida’s Intervention Project for Nurses (IPN)
- Public disciplinary actions on the nurse’s licensing record
If a nurse refuses to comply with a required medical or psychiatric evaluation, DOH may seek a court order for enforcement.
How to Defend Against a DOH Administrative Complaint Under F.S. 464.018(1)(j)
If you receive a DOH Notice of Administrative Complaint, take these steps to protect your nursing license:
1. Review the Complaint and Gather Evidence
- Identify the specific allegations and deadlines for response
- Collect medical records, drug test results, and performance evaluations to support your defense
- Don’t submit a written or oral response without consulting an attorney
2. Contact an Experienced DOH Defense Attorney
At Elevate Legal Services, PLLC, we aggressively defend nurses facing DOH Complaints related to substance abuse, mental health, or physical impairments. Our legal team will:
- Challenge false or exaggerated allegations
- Negotiate alternative discipline options instead of license revocation
- Work with medical and mental health experts to support your case
- Represent you in DOH hearings and administrative proceedings
Call us at 561-770-3335 or email [email protected] for immediate legal assistance.
Final Thoughts: Protect Your Nursing Career Today
A DOH Administrative Complaint can have devastating effects on your nursing career and reputation. If you are facing allegations under F.S. 464.018(1)(j) (2024), take immediate legal action.
At Elevate Legal Services, PLLC, we have successfully defended nurses in DOH investigations and disciplinary proceedings. Call 561-770-3335 or email [email protected] today to protect your license, career, and future.
