(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in ss. 456.072(2) and 464.0095:
(a) Procuring, attempting to procure, or renewing a license to practice nursing or the authority to practice practical or professional nursing pursuant to s. 464.0095 by bribery, by knowing misrepresentations, or through an error of the department or the board.
(b) Having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.
(c) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of nursing or to the ability to practice nursing.
(d) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, any of the following offenses:
1. A forcible felony as defined in chapter 776.
2. A violation of chapter 812, relating to theft, robbery, and related crimes.
3. A violation of chapter 817, relating to fraudulent practices.
4. A violation of chapter 800, relating to lewdness and indecent exposure.
5. A violation of chapter 784, relating to assault, battery, and culpable negligence.
6. A violation of chapter 827, relating to child abuse.
7. A violation of chapter 415, relating to protection from abuse, neglect, and exploitation.
8. A violation of chapter 39, relating to child abuse, abandonment, and neglect.
9. For an applicant for a multistate license or for a multistate licenseholder under s. 464.0095, a felony offense under Florida law or federal criminal law.
(e) Having been found guilty of or entered a plea of nolo contendere or guilty to, regardless of adjudication, any offense prohibited under s. 435.04 or similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in s. 741.28.
(f) Making or filing a false report or record, which the nurse knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the nurse’s capacity as a licensed nurse.
(g) False, misleading, or deceptive advertising.
(h) Unprofessional conduct, as defined by board rule.
(i) Engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in chapter 893, for any other than legitimate purposes authorized by this part.
(j) Being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the nurse is unable to practice nursing because of the reasons stated in this paragraph, the authority to issue an order to compel a nurse to submit to a mental or physical examination by physicians designated by the department. If the nurse refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the nurse resides or does business. The nurse against whom the petition is filed shall not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A nurse affected by this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of nursing with reasonable skill and safety to patients.
(k) Failing to report to the department any person who the nurse knows is in violation of this part or of the rules of the department or the board. However, a person who the licensee knows is unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s. 456.076 rather than to the department.
(l) Knowingly violating any provision of this part, a rule of the board or the department, or a lawful order of the board or department previously entered in a disciplinary proceeding or failing to comply with a lawfully issued subpoena of the department.
(m) Failing to report to the department any licensee under chapter 458 or under chapter 459 who the nurse knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the nurse also provides services.
(n) Failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the nurse is not qualified by training or experience.
(o) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(p) For an advanced practice registered nurse:
1. Presigning blank prescription forms.
2. Prescribing for office use any medicinal drug appearing on Schedule II in chapter 893.
3. Prescribing, ordering, dispensing, administering, supplying, selling, or giving a drug that is an amphetamine, a sympathomimetic amine drug, or a compound designated in s. 893.03(2) as a Schedule II controlled substance, to or for any person except for:
a. The treatment of narcolepsy; hyperkinesis; behavioral syndrome in children characterized by the developmentally inappropriate symptoms of moderate to severe distractibility, short attention span, hyperactivity, emotional lability, and impulsivity; or drug-induced brain dysfunction.
b. The differential diagnostic psychiatric evaluation of depression or the treatment of depression shown to be refractory to other therapeutic modalities.
c. The clinical investigation of the effects of such drugs or compounds when an investigative protocol is submitted to, reviewed by, and approved by the department before such investigation is begun.
4. Prescribing, ordering, dispensing, administering, supplying, selling, or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance. As used in this subparagraph, the term “muscle building” does not include the treatment of injured muscle. A prescription written for the drug products identified in this subparagraph may be dispensed by a pharmacist with the presumption that the prescription is for legitimate medical use.
5. Promoting or advertising on any prescription form a community pharmacy unless the form also states: “This prescription may be filled at any pharmacy of your choice.”
6. Prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including a controlled substance, other than in the course of his or her professional practice. For the purposes of this subparagraph, it is legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the advanced practice registered nurse’s professional practice, without regard to his or her intent.
7. Prescribing, dispensing, or administering a medicinal drug appearing on any schedule set forth in chapter 893 to himself or herself, except a drug prescribed, dispensed, or administered to the advanced practice registered nurse by another practitioner authorized to prescribe, dispense, or administer medicinal drugs.
8. Prescribing, ordering, dispensing, administering, supplying, selling, or giving amygdalin (laetrile) to any person.
9. Dispensing a substance designated in s. 893.03(2) or (3) as a substance controlled in Schedule II or Schedule III, respectively, in violation of s. 465.0276.
10. Promoting or advertising through any communication medium the use, sale, or dispensing of a substance designated in s. 893.03 as a controlled substance.
(q) For a psychiatric nurse:
1. Presigning blank prescription forms.
2. Prescribing for office use any medicinal drug appearing in Schedule II of s. 893.03.
3. Prescribing, ordering, dispensing, administering, supplying, selling, or giving a drug that is an amphetamine, a sympathomimetic amine drug, or a compound designated in s. 893.03(2) as a Schedule II controlled substance, to or for any person except for:
a. The treatment of narcolepsy; hyperkinesis; behavioral syndrome in children characterized by the developmentally inappropriate symptoms of moderate to severe distractibility, short attention span, hyperactivity, emotional lability, and impulsivity; or drug-induced brain dysfunction.
b. The differential diagnostic psychiatric evaluation of depression or the treatment of depression shown to be refractory to other therapeutic modalities.
c. The clinical investigation of the effects of such drugs or compounds when an investigative protocol is submitted to, reviewed by, and approved by the department before such investigation is begun.
4. Prescribing, ordering, dispensing, administering, supplying, selling, or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance. As used in this subparagraph, the term “muscle building” does not include the treatment of injured muscle. A prescription written for the drug products identified in this subparagraph may be dispensed by a pharmacist with the presumption that the prescription is for legitimate medical use.
5. Promoting or advertising on any prescription form a community pharmacy unless the form also states: “This prescription may be filled at any pharmacy of your choice.”
6. Prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including a controlled substance, other than in the course of his or her professional practice. For the purposes of this subparagraph, it is legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the advanced practice registered nurse’s professional practice, without regard to his or her intent.
7. Prescribing, dispensing, or administering a medicinal drug appearing on any schedule set forth in chapter 893 to himself or herself, except a drug prescribed, dispensed, or administered to the psychiatric nurse by another practitioner authorized to prescribe, dispense, or administer medicinal drugs.
8. Prescribing, ordering, dispensing, administering, supplying, selling, or giving amygdalin (laetrile) to any person.
9. Dispensing a substance designated in s. 893.03(2) or (3) as a substance controlled in Schedule II or Schedule III, respectively, in violation of s. 465.0276.
10. Promoting or advertising through any communication medium the use, sale, or dispensing of a substance designated in s. 893.03 as a controlled substance.
(r) Delegating professional responsibilities to a person when the nurse delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, certification, or licensure to perform them.
(s) For an advanced practice registered nurse registered under s. 464.0123:
1. Paying or receiving any commission, bonus, kickback, or rebate from, or engaging in any split-fee arrangement in any form whatsoever with, a health care practitioner, organization, agency, or person, either directly or implicitly, for referring patients to providers of health care goods or services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. This subparagraph may not be construed to prevent an advanced practice registered nurse registered under s. 464.0123 from receiving a fee for professional consultation services.
2. Exercising influence within a patient-advanced practice registered nurse relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her advanced practice registered nurse registered under s. 464.0123.
3. Making deceptive, untrue, or fraudulent representations in or related to, or employing a trick or scheme in or related to, advanced or specialized nursing practice.
4. Soliciting patients, either personally or through an agent, by the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct. As used in this subparagraph, the term “soliciting” means directly or implicitly requesting an immediate oral response from the recipient.
5. Failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the advanced practice registered nurse, by name and professional title, who is responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations or referrals.
6. Exercising influence on the patient to exploit the patient for the financial gain of the advanced practice registered nurse or a third party, including, but not limited to, the promoting or selling of services, goods, appliances, or drugs.
7. Performing professional services that have not been duly authorized by the patient or his or her legal representative, except as provided in s. 766.103 or s. 768.13.
8. Performing any procedure or prescribing any therapy that, by the prevailing standards of advanced or specialized nursing practice in the community, would constitute experimentation on a human subject, without first obtaining full, informed, and written consent.
9. Delegating professional responsibilities to a person when the advanced practice registered nurse delegating such responsibilities knows or has reason to believe that such person is not qualified by training, experience, or licensure to perform such responsibilities.
10. Committing, or conspiring with another to commit, an act that would tend to coerce, intimidate, or preclude another advanced practice registered nurse from lawfully advertising his or her services.
11. Advertising or holding himself or herself out as having certification in a specialty that he or she has not received.
12. Failing to comply with ss. 381.026 and 381.0261 relating to providing patients with information about their rights and how to file a complaint.
13. Providing deceptive or fraudulent expert witness testimony related to advanced or specialized nursing practice.
(2)(a) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or nurse who is found guilty of violating subsection (1) or s. 456.072(1).
(b) The board may take adverse action against a nurse’s multistate licensure privilege and impose any of the penalties in s. 456.072(2) when the nurse is found guilty of violating subsection (1) or s. 456.072(1).
(3) The board shall not reinstate the license of a nurse, or cause a license to be issued to a person it has deemed unqualified, until such time as it is satisfied that such person has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of nursing.
(4) The board shall not reinstate the license of a nurse who has been found guilty by the board on three separate occasions of violations of this part relating to the use of drugs or narcotics, which offenses involved the diversion of drugs or narcotics from patients to personal use or sale.
(5) The board shall by rule establish guidelines for the disposition of disciplinary cases involving specific types of violations. Such guidelines may include minimum and maximum fines, periods of supervision or probation, or conditions of probation or reissuance of a license.
Cited 5 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1257
...Cope's conduct in reporting information about Ms. Merrill's professional conduct to the department. As Ms. Cope and Ms. Merrill are registered nurses under the provisions of chapter 464, Florida Statutes (1981), both are bound by its provisions and the rules promulgated thereunder. Section 464.018(1) specifies certain acts that "shall be grounds for disciplinary action," including: (f) Unprofessional conduct, which shall include, but not be limited to, any departure from, or the failure to conform to, the minimal standards of a...
Cited 4 times | Published | Florida 4th District Court of Appeal | 1989 WL 118608
...[2] Ultimately a formal administrative hearing was conducted before a Hearing Officer concerning these matters. The Hearing Officer entered a recommended order which concluded that Hanley had acted in an inappropriate and unprofessional manner in violation of section 464.018(1)(f), Florida Statutes and recommended that Hanley be reprimanded....
Cited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 103462
...statement.'" Id. at 452 (quoting Fla. Admin. Code Rule 210-10.005(3)). In reversing, this court concluded that neither the rule nor permanent revocation was authorized by the applicable statutes. In so holding, the court considered the provisions of Section 464.018(2), Florida Statutes (1985), authorizing the Board of Nursing to revoke a license for any of the enumerated violations of the statute, and subsection (3) thereof prohibiting the Board from reinstating a license until such time as "`it...
...is designed to protect the public from nurses who are unqualified to practice their profession for various reasons. This goal is accomplished in part by inflicting disciplinary sanctions on a nurse who violates one or more of the grounds set out in section 464.018....
...iates from the legislative goal. It is unskilled, incompetent, and unprofessional nurses, not rehabilitated nurses, who are a threat to the public's safety. We therefore hold that *1379 [the rule permitting permanent revocation] is not authorized by section 464.018 and is thus an invalid exercise of delegated authority....
...f nurses, and then included a statement of purpose that is identical to the provisions above, but for references to nursing rather than pharmacy. [4] The nursing statute was amended in 1989 to specifically permit "permanent revocation of a license." § 464.018(2)(c), Fla. Stat. (1989). [5] The Board contends that the existence of section 464.018(4), prohibiting reinstatement of nurses for certain drug offenses, distinguishes Jordan from the case at bar, because the existence of the option to permanently debar in subsection (4) demonstrated that subsection (3) must permit reinstatement. We are not persuaded by this reasoning. The fact remains that section 464.018(3) in the nursing statute and section 465.016(3) in the pharmacy statute are identical, and neither authorizes permanent revocation of a license....
Cited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 1093496
...Philip Monte, Assistant General Counsel, Department of Health, Tallahassee, for Appellee. ORFINGER, J. Beatrice A. Henderson, a licensed practical nurse (LPN), appeals a final order of the Department of Health, Board of Nursing ("Board"), sanctioning her for unprofessional conduct in violation of section 464.018(1)(h), Florida Statutes (2001), and Florida Administrative Code Rules 64B9-8.005(2) and 64B9-8.005(15)....
...ational preparation or nursing experience; and submits that her punishment was "cruel and unusual." We affirm. The Board filed an administrative complaint against Ms. Henderson, alleging that she had engaged in unprofessional conduct in violation of section 464.018(1)(h)....
...ofessional disciplinary boards is to determine the appropriate punishment for misconduct of the professionals regulated. In the *82 instant case, it was determined that Ms. Henderson engaged in two instances of unprofessional conduct in violation of section 464.018(1)(h) and Florida Administrative Code Rules 64B9-8.005(2) and 64B9-8.005(15)....
...Henderson on probation for two years. Ms. Henderson claims that this punishment was "cruel and unusual." This argument lacks merit as the two-year probationary period and $350 fine is well within the range of penalties provided by the Board's disciplinary guidelines for violating section 464.018(1)(h). See Fla. Admin. Code R. 64B9-8.006(3)(p) (providing that first-offense penalty for unprofessional conduct, in violation of section 464.018(1)(h) ranges from a $250 fine to a $500 fine and probation)....
Cited 1 times | Published | Florida 1st District Court of Appeal
...Department of Health, State Board of Nursing, permanently
revoking her license as a licensed practical nurse. We reverse.
I
In a two-count administrative complaint, the Department of
Health alleged that Brewer had violated section 464.018(1)(e),
Florida Statutes (2015) (“Title XXXII Regulation of Professions
and Occupations”: “Nursing” – “Disciplinary actions”), by having
(1) entered a plea of nolo contendere to a charge of burglary of an
unoccupied dwell...
...dwelling are contained in the report or anywhere else in the record.
II
The entry of a plea of nolo contendere to “any offense
prohibited under s. 435.04” constitutes grounds for disciplinary
action by the Board of Nursing under section 464.018(1)(e). Section
435.04(2)(z) lists burglary in section 810.02, Florida Statutes, as a
qualifying offense. Section 464.018(2) authorizes the Board to
“impose any of the penalties in s....
...Kasprzak, Orlando, for appellant. Mark Graham Hanson, Tallahassee, for appellee. DAMOORGIAN, J. Manuel Fernandez appeals a final administrative order revoking his license to *1203 practice as a registered nurse in Florida for violations of sections 464.018(1)(h) and (n), Florida Statutes (2008), and concurrently rules 64B9-8.005(1)(e), (2)(c), and (2)(n), Florida Administrative Code (2006)....
...By doing so, Fernandez admitted the factual allegations, seeking only to mitigate the penalties that might be imposed. See § 120.57(2), Fla. Stat. (2008). The Board adopted the findings of facts alleged in the complaint and concluded that Fernandez had violated sections 464.018(1)(h) and (n). [1] The Department recommended that the Board permanently revoke Fernandez's license and assess costs in the amount of $2,952.93. The Board agreed and entered a final order adopting the recommendation, citing sections 464.018(2) and 456.072(2), Florida Statutes (2008), [2] as a basis for the penalty....
...In this case, unlike Arias, Count I adequately placed Fernandez on notice of the penalties that he could face for misappropriating drugs. Fernandez was charged with failing to meet minimal standards of acceptable and prevailing nursing practice in violation of section 464.018(1)(n) because he misappropriated drugs as defined by rule 64B9-8.005(2)(c)....
...) and its own guideline. See Fla. Admin. Code R. 64B9-8.006(5)(b). With respect to Count II, we reach a different holding. Count II alleged that Fernandez failed to meet minimal standards of acceptable and prevailing nursing practice in violation of section 464.018(1)(n) because he exceeded the authority granted by his license, educational preparation, or nursing experience as defined by rule 64B9-8.005(2)(n)....
...Absent the penalty guidelines required by section 456.079, we are compelled by legislative mandate to reverse the penalty imposed for Count II. Affirmed in Part; Reversed in Part and Remanded for proceedings consistent with this opinion. WARNER and CONNER, JJ., concur. NOTES [1] Section 464.018(1)(h) states that "[u]nprofessional conduct, as defined by board rule" is grounds for denial of a license or disciplinary action as specified in section 456.072(2), Florida Statutes (2008). § 464.018(1)(h), Fla. Stat. (2008). Section 464.018(1)(n) states that "[f]ailing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience" is grounds for denial of a license or disciplinary action as specified in section 456.072(2). § 464.018(1)(n), Fla. Stat. (2008). [2] Section 464.018(2) states that the "board may enter an order ... imposing any of the penalties in s. 456.072(2) against any ... licensee who is found guilty of violating any provision of subsection (1) of this section...." § 464.018(2), Fla....
...r the applicable practice act. § 456.072(2)(b), Fla. Stat. (2008). [3] Rule 64B9-8.006 provides the disciplinary guidelines, range of penalties, and aggravating and mitigating circumstances used by the Board in discharging its duties under sections 464.018 and 456.072....
Cited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 20598
...The hearing officer further found that Jordan's attitude toward his drug dependency showed a lack of judgment rendering him unable to practice nursing with reasonable skill and safety. Based on these findings of fact, the hearing officer concluded that Jordan had violated sections 464.018(1)(f) (g) and (j), Florida Statutes, and Rule 210-10.05(2)(g), Florida Administrative Code, and recommended that his nursing license be revoked....
...On April 21, 1986, the agency amended Rule 210-10.005(3), formerly 210-10.05(3)(b), to read, "No license revoked by the Board of Nursing after July 26, 1985, shall be subject to reinstatement." [The former rule authorized reinstatement of revoked licenses.] As legislative authority for this rule, the agency cites section 464.018, Florida Statutes (1985). Section 464.018 is divided into five subsections....
...a reprimand, place the nurse on probation, suspend or revoke the nurse's license, or impose a fine of up to $1,000 for each offense. One or more of the foregoing penalties may be imposed, depending on the nature and circumstances of the violations. Section 464.018(2). Although subsection (3) of section 464.018 is couched in negative terms, by implication it authorizes the Board of Nursing to reinstate a nurse's license when "it is satisfied that such person has complied with all the terms and conditions set forth in the final order and that...
...rtunity for reinstatement of their licenses. See also Holmes v. Dept. of Prof. Reg., Bd. of Nursing, 504 So.2d 1338 (Fla. 1st DCA 1987) (language in final order prohibiting nurse from petitioning for reinstatement stricken because it conflicted with section 464.018(2) and Rule 210-10.05(3)(b))....
...In essence, the legislation under consideration is designed to protect the public from nurses who are unqualified to practice their profession for various reasons. This goal is accomplished in part by inflicting disciplinary sanctions on a nurse who violates one or more of the grounds set out in section 464.018....
...iates from the legislative goal. It is unskilled, incompetent, and unprofessional nurses, not rehabilitated nurses, who are a threat to the public's safety. We therefore hold that Rule 210-10.005(3), Florida Administrative Code, is not authorized by section 464.018 and is thus an invalid exercise of delegated authority....
...Subsequently, after being confronted, Fernandez admitted that he administered one syringe of Heparin to the patient. Subsequently, the Department of Health (“Department”) filed an administrative complaint against Fernandez before the Board. The Department alleged that Fernandez’s actions “violated section 464.018(l)(n), Florida Statutes (2008), for failing to meet minimal standards of acceptable and prevailing nursing practice, as further defined by Rule 64B9-8.005(2)(c) 1 , Florida Administrative Code, to include misappropriating drugs.” In...
...sing suspended
Appellant’s Louisiana nursing license for violating patient
confidentiality. * In 2018, the Florida Department of Health (“the
Department”) filed a complaint and an amended complaint against
Appellant, alleging that she violated section 464.018(1)(b), Florida
Statutes (2017), by having her license to practice nursing
* The facts are not in dispute.
suspended in Louisiana....
...the variation and range of penalties permitted for such
circumstances.” Id.
One act that can be a basis for disciplinary action is having a
license to practice nursing revoked or suspended “by the licensing
authority of another state . . . .” § 464.018(1)(b), Fla....
...of concern” at the low end and the “same penalty as penalty
imposed in other jurisdiction” at the high end. Fla. Admin. Code R.
64B9-8.006(3)(b) (2017).
Another basis for disciplinary action is “unprofessional
conduct, as defined by board rule.” § 464.018(1)(h), Fla....
...this
proceeding any factual matters that are not within the
framework of the allegations and charges in the Amended
Complaint.
(second emphasis supplied).
The amended administrative complaint charged Appellant
with violating only section 464.018(1)(b), based on her license
having been suspended in Louisiana....
...The Department provided no notice to Appellant of its
intent to seek revocation, and its communications had the effect of
lulling her into complacency. More egregious than this, there was
no mention in the amended complaint of an alleged violation of
section 464.018(1)(h), pertaining to “unprofessional conduct.” In
essence, though, the Board punished Appellant for this uncharged
violation.
While the list of aggravating factors in Florida Administrative
Code Rule 64B9-8.006(5)(b) is non-...
...guideline for the uncharged violation, which would have been the
2012 version that set a $500 fine and probation as the maximum
allowable penalty. See Fla. Admin. Code R. 64B9-8.006(3)(f)3.
(2012).
Finally, even if the Board could proceed with the uncharged
violation of section 464.018(1)(h), it still failed to consider the
requirement in section 456.072(3)(b), Florida Statutes (2016),
which states as follows: “[I]f the ground for disciplinary action is
5
the first-time violation of a practice act for unprofessional conduct,
as used in [section] 464.018(1)(h) ....
...gnosis of post-maturity, meaning that, prior to delivery, the placenta had ceased to provide the fetus with adequate food and oxygen. Based on these incidents, the Department brought an administrative complaint against Redfern alleging violations of Section 464.018(l)(f), Florida Statutes, which establishes as a ground for disciplinary action: Unprofessional conduct, which shall include but not be limited to, any departure from, or the failure to conform to, the minimal standards of acceptable a...
...Department of Insurance, 473 So.2d 1319 (Fla. 1st DCA 1985). Here, the hearing officer’s findings were supported by both expert and documentary evidence. Red-fern also argues the absence of evidence that her actions resulted in the deaths of the infants. However, Section 464.018(1)(f) clearly states that, in demonstrating a violation of the statute, “actual injury need not be established.” Finally, Redfern alleges that it was error to reject the exception to the recommended order filed outside of the twenty days prescribed by rule....
...Cope’s conduct in reporting information about Ms. Merrill’s professional conduct to the department. As Ms. Cope and Ms. Merrill are registered nurses under the provisions of chapter 464, Florida Statutes (1981), both are bound by its provisions and the rules promulgated thereunder. Section 464.018(1) specifies certain acts that “shall be grounds for disciplinary action,” including: (f) Unprofessional conduct, which shall include, but not be limited to, any departure from, or the failure to conform to, the minimal standards...
...by the Nursing Board, see Newberry v. Florida Dep’t. of Law Enforcement, Criminal Justice Standards and Training Comm’n., 585 So.2d 500 (Fla. 3d DCA 1991), or (b) that the Board lacked authority to impose the penalties involved in this case. See § 464.018(5), Fla.Stat....
WENTWORTH, Judge. Appellant Holmes seeks review of a final order of the state Board of Nursing which revoked her license as a practical nurse for three specified acts of unprofessional conduct in violation of section 464.018(l)(f), Florida Statutes, and for willfully violating a prior Board order contrary to section 464.018(l)(j), Florida Statutes....
...We agree, however, with appellant’s contention as to the final provision of the order: “The Respondent is permanently prohibited from petitioning the Board for reinstatement of her license.” That language must in this case be stricken because it conflicts with section 464.018(2), Florida Statutes, and with the Department’s rules, Chapter 210-10.05(3)(b), F.A.R.: ......
...practical nurse, Hall “used force and/or struck” a patient. The
complaint alleged this amounted to “unprofessional conduct,” as
defined by rule 64B9-8.005(13), Florida Administrative Code, and
the conduct was grounds for disciplinary action against Hall by
the Board pursuant to section 464.018(1)(h), Florida Statutes
(2015)....
...1
1 The written order made no mention of deterrence.
2
On appeal, Hall first argues that revocation of her license
was improper because section 456.072(3)(b) limits the penalty for
a single violation of section 464.018(1)(h) to a non-disciplinary
citation....
...Maggie Hansen, MHSc, RN, Chair.
January 3, 2024
RAY, J.
Brittney Cunningham challenges a final order of the Florida
Board of Nursing revoking her nursing license for engaging in
unprofessional conduct in violation of section 464.018(1)(h),
Florida Statutes (2021) (authorizing disciplinary action for
unprofessional conduct), and rule 64B9-8.005(14), Florida
Administrative Code (defining that conduct to include using
abusive, threatening or foul language in front of a patient or
directing such language toward a patient)....
administrative complaint alleging three violations of section 464.-018(1), Florida Statutes (1989), which provides
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
