If Your Nursing License Is at Risk, You Need an Experienced Defense Lawyer to Safeguard Your Future
As a licensed nurse in Florida, you have worked tirelessly to get where you are — earning your degree, completing internships, and passing exams. The last thing you want is for an allegation or accusation to threaten your career and your livelihood. Unfortunately, in Florida, the Florida Board of Nursing (BON) has broad authority to investigate and discipline nurses for a variety of reasons, including professional misconduct, criminal charges, and substance abuse issues. And these investigations can lead to license suspension, revocation, or probation.
If you've found yourself facing disciplinary action or an investigation into your nursing license, you need a dedicated and experienced Florida Nursing License Defense Lawyer to help protect your future.
I'll now explain the relevant Florida laws that impact your nursing license, the defenses that can apply, and why hiring a private attorney is crucial in this process.
Relevant Florida Statutes Governing Nursing Licenses
The Florida Nurse Practice Act (Chapter 464, Florida Statutes) regulates the licensing, practice, and discipline of nurses in the state. It outlines the requirements for obtaining a license, the conduct expected from license holders, and the potential consequences of violations.
Florida Statutes § 464.018 is one of the most important provisions because it governs the grounds for disciplinary action against nurses.
Here's what it says:
Florida Statutes § 464.018(1)
"The following acts constitute grounds for which the disciplinary actions in § 464.018(2) may be taken:
(a) Making or filing a false report or record…
(b) Fraud or deceit in procuring a nursing license…
(c) Violating any provision of this chapter or the laws of Florida…
(d) Any violation of professional nursing ethics…"
These offenses can lead to administrative sanctions ranging from a reprimand to full license revocation. The law also allows for probation, fines, continuing education, and other forms of discipline based on the severity of the violation.
One of the most common issues I deal with as a defense lawyer is how to handle situations involving criminal charges or allegations of substance abuse. Under § 464.018, a nurse could face disciplinary action for a variety of issues, including:
- Drug or alcohol abuse
- Unprofessional conduct or negligence
- Fraudulent documentation
- Criminal convictions related to the practice of nursing
Defenses to Nursing License Disciplinary Action
As a Florida Nursing License Defense Lawyer, my goal is to protect your rights and your career. The defense strategies I use depend on the nature of the allegations. Here are some of the most common defenses I use to help nurses avoid disciplinary action:
1. Lack of Evidence or False Allegations
In many cases, the allegations against a nurse are based on misunderstandings or false reports.Patients or colleagues may make unfounded accusations that do not have strong evidence to support them. In these cases, I work to disprove the allegations by reviewing the evidence thoroughly, conducting interviews, and challenging any false claims made against the nurse.
2. Mitigating Circumstances in Criminal Cases
If you've been charged with a crime and the BON is investigating your license, mitigating circumstances could help reduce the severity of the disciplinary action. For example, if the criminal charge was related to a one-time mistake or a situation where you acted out of character, I can argue that the situation doesn't reflect your professional abilities or qualifications. A good example is a nurse facing DUI charges after a personal struggle, where I might argue that the incident was out of character and you've since taken steps to correct the issue, such as completing counseling or treatment.
3. Lack of Intentional Misconduct
In some situations, you may have made a mistake or been negligent, but it wasn't intentional or malicious. For example, you may have failed to properly document a procedure due to an overwhelming workload. In this case, I can argue that there was no intent to deceive and that your actions were not reflective of habitual misconduct. This type of defense is often successful when the nurse has a clean record and is otherwise in good standing.
4. Substance Abuse and Rehabilitation
If you're dealing with substance abuse, Florida law provides the possibility for a diversion program or rehabilitation in lieu of harsher disciplinary measures. Florida's Impaired Professional Program (IPP) allows nurses to seek treatment for substance abuse or mental health issues and avoid public discipline, provided they complete the program successfully. This is an essential defense for those who are battling addiction but are committed to getting better. I help nurses navigate this process and ensure that they fulfill all necessary requirements to maintain their license.
5. Administrative Errors
Sometimes, the issue is not with the nurse's conduct but with procedural or administrative errors. If the Florida Board of Nursing or another governing body did not follow proper procedures during the investigation or hearing, I can challenge the case on procedural grounds. This includes improper notice, failure to allow for a full hearing, or violations of your due process rights.
Real-Life Example: A Case I Won
I had a client who was a registered nurse and faced substance abuse allegations after a failed drug test. She had been using prescription medications for a legitimate medical condition and was accused of diverting narcotics from the hospital. The BON had proposed revoking her nursing license based on these allegations.
Here's what happened:
- Step 1: I immediately requested a copy of the drug testing results, medical records, and any other evidence the state had.
- Step 2: I found out that the hospital had conducted an internal investigation but had not followed proper protocol, and there were discrepancies in the evidence.
- Step 3: We applied for the Impaired Professional Program and submitted a plan for rehabilitation. We also showed evidence of her ongoing recovery and her commitment to treatment.
- Step 4: I negotiated a settlement with the Board where my client's license was placed on probation instead of being revoked, and she was required to undergo random drug testing for a year.
This was a huge win because my client was able to keep her career intact and continue practicing while receiving the help she needed. A private attorney played a vital role in this outcome, ensuring that she had the opportunity to prove her rehabilitation and avoid the harshest penalties.
Why You Need a Private Attorney for Your Nursing License Defense
It may seem like a minor mistake that won't affect your career, but Florida's nursing license regulations are strict. A single misstep can lead to a formal investigation that could result in suspension or revocation of your license. A public defender may not have the time, resources, or expertise to focus on your specific case. That's why you need someone who's dedicated to protecting your career.
As your private attorney, I can:
- Analyze the evidence thoroughly to identify any weaknesses or inconsistencies.
- Represent you at hearings before the Florida Board of Nursing and fight for your license.
- Help you enroll in treatment programs that can keep you in practice while addressing any substance abuse issues.
- Present your case in the best light, emphasizing your dedication to your profession and your commitment to correcting any mistakes.
A private attorney gives you the best chance to keep your nursing license. It's an investment in your future, protecting both your career and your reputation in the healthcare field.
Call to Action:
If your nursing license is at risk, don't wait for the situation to escalate. You need an experienced Florida Nursing License Defense Lawyer to represent you and fight for your future. Contact us today to get the defense you need.
FAQs – Florida Nursing License Defense
What should I do if I'm facing a nursing license investigation?
If you're facing a nursing license investigation in Florida, you should immediately contact an experienced attorney. Time is of the essence, as the Board of Nursing will likely act quickly. A private attorney can guide you through the process, gather evidence, and help you avoid the most severe penalties.
What kind of allegations can lead to disciplinary action against my nursing license in Florida?
Some common allegations include substance abuse, fraud, negligence, failure to report incidents, criminal convictions, and unprofessional conduct. Depending on the severity, these can result in probation, fines, suspension, or even revocation of your license.
Can I keep my nursing license if I'm dealing with substance abuse issues?
Yes, Florida's Impaired Professional Program (IPP) allows nurses to participate in a rehabilitation program rather than face license revocation. If you successfully complete the program, you may be able to keep your license on probation, which allows you to continue working while undergoing treatment.
How long does a nursing license defense case take in Florida?
The duration of a nursing license defense case depends on the complexity of the situation. Investigations can take several months, but with the right legal strategy, you may be able to resolve the issue before it leads to formal disciplinary action.
What are the penalties for a nursing license suspension or revocation in Florida?
Penalties vary based on the severity of the violation. In some cases, you may face temporary suspension, probation, or fines. In extreme cases, permanent revocation of your license is possible. Working with an attorney can help you mitigate these penalties.
Do I need an attorney to defend my nursing license in Florida?
Yes, you absolutely need an attorney. A nursing license defense attorney can represent you in front of the Florida Board of Nursing, negotiate settlements, and help protect your professional reputation. Without legal representation, you risk facing harsh consequences that could affect your career permanently.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.