Violations of the Nurse Practice Act


It is the duty of the Florida Board of Nursing (FBON) to protect the public from unlawful, unqualified or unsafe licensees. Fines, restriction and revocation are among the tools the FBON has to discipline a licensee that has fallen below the minimal standards of nursing practice. The decision to discipline a licensee is informed by both statute and Florida Administrative Code (FAC).

Florida Chapter 456.079 requires all professional boards to adopt guidelines that impose a "meaningful range of penalties based upon the severity and repetition of specific offenses". Minor violations are to be distinguished from those that endanger the public health, safety, or welfare. Guidelines must provide reasonable and meaningful notice that the board will consistently apply penalties.

Instant Feedback

Florida Chapter 456 contains statutes that apply to all occupations regulated by the Department of Health
True
False

Florida Chapter 464.016 cites specific felony and misdemeanor violations associated with the unlicensed practice of nursing, impersonating a nurse or concealing or abetting such violations.

Florida Chapter 464.017 describes sexual misconduct in the practice of nursing. Sexual misconduct in the practice of nursing means violation of the nurse-patient relationship through which the nurse uses said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of nursing is prohibited.

FAC 64B9-8.001 describes steps to be taken when a complaint or violation is brought to the attention of the FBON. It requires a three-person panel to determined if probable cause exists to recommend: reprimand, citation, penalty, probation, suspension or revocation. The FBON has broad latitude to consider aggravating and mitigating factors. For example:

Instant Feedback

FAC 64B9 rules are promulgated by the FBON to execute the Nurse Practice Act
True
False

In addition, the board can recommend denial of licensure or impose penalties against any applicant for licensure or licensee violating any of the provisions in or 456.072. The board has the authority to deny reinstatement of the license of a nurse, or cause a license to be issued to a person it has deemed unqualified.  The board will not reinstate the license of a nurse who has been found guilty by the board on three separate occasions relating to the use of drugs or narcotics involving the diversion of drugs or narcotics from patients to personal use or sale.  Fines, periods and conditions of probation denial or reissuance of a license are determined by guidelines established by the board, in compliance with the law.



©RnCeus.com 2014