Miami Nurse License Defense Attorneys

The medical field is one of the most heavily regulated professions in the State of Florida.  Registered nurses arguably have the most involvement with patients in the medical field. This is because nurses generally have the most direct hands-on care with patients as they are tasked with speaking to patients, assessing patient conditions, administering routine medicine and treatment, and consulting with patient’s regarding follow up care. 

Because nurses generally have the most direct involvement with patients, they also generally receive the most complaints.  Complaints against nurses can involve a wide range of conduct including violence, fraud, theft, substance abuse, or other misconduct.  These allegations can be detrimental to a nurse’s career as they can result in disciplinary action ranging from a reprimand to the loss of the nurse’s license. 

At Hubbs Law, we not only aggressively defend accusations of a crime, we also aggressively defend our clients’ licenses as well. 

For every individual accused of misconduct with their nurse’s license, we will thoroughly evaluate the facts of the client’s case, the applicable law, and guide them through the process with the Florida Board of Nursing.

If you receive a complaint against your nursing license, you have rights. For every complaint made to the Florida Board of Nursing, there is a formal process that will be explained below. During this process, you have the right to be represented by an attorney that may be able to assist you in understanding the process, protecting your rights, and attempting to achieve a result that will have no impact or a minimal impact on your ability to work.   

If you, or someone you know, has a nursing license and has been accused of misconduct, give our office a call at 305-570-4802. 

Complaint Against a Registered Nurse

Complaints against registered nurses are generally made to the Florida Department of Health.  Complaints are reviewed by the Prosecution Services Unit to determine whether there is sufficient evidence that the nurse has violated the law to submit the allegation to a probable cause panel.  A probable cause panel is a panel of two or three board members and generally consists of one or two licensed health care professionals and a consumer member. 

If the probable cause panel does not find probable cause that a violation occurred, then a closing order will be issued which will be sent to the nurse and the complainant.  When there is not a finding of probable cause, the complaint and all information obtained during the investigation will be confidential.

If the probable cause panel does find probable cause that a violation occurred, a recommendation for an amended complaint will be made.  The administrative complaint would be filed with the Department of Health’s Agency Clerk and notice would be mailed to the nurse. 

Responding to an Administrative Complaint Against a Registered Nurse

If a nurse receives notice of an administrative complaint, he or she generally has several options to resolve the case:

1. Settlement Agreement – This option must specifically be offered by the Department of Health.  If the Department of Health offers a settlement agreement, the Department may offer agreed sanctions against the nurse’s license which are subject to negotiation.  Examples of possible sanctions range from a letter of reprimand to revocation of the nurse’s license.
2. Hearings Not Involving Disputed Issues of Material Fact – This option involves the nurse disputing the facts alleged in the administrative complaint and requesting a hearing in front of an Administrative Law Judge.  At the hearing, the Department of Health will present witnesses and evidence and the nurse will be afforded the same opportunity.  At the conclusion of the hearing, the judge will determine whether the Department has proven a violation and will submit a recommended order for final action.
3. Hearings Involving Disputed Issues of Material Fact – This option involves the nurse not disputing the facts alleged in the complaint but requesting a hearing to provide mitigating evidence generally in support of lighter sanctions.
4. Voluntary Relinquishment of License – This option involves the nurse voluntarily relinquishing his or her license and agreeing to cease practicing as a nurse.
    

Impact of Criminal Charges Against a Registered Nurse

Criminal charges can have a significant impact on a nurse’s license especially depending on the outcome of the criminal case.  Under Florida statute 435.04 and 408.809, a nurse cannot be found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any of the following offenses in Florida. Furthermore, under Florida Statute 456.072, a nurse generally has a duty to self-report a guilty plea or nolo contendere plea, regardless of adjudication, to any crime within 30 days. Failure to report can also lead to disciplinary action. 

Here is a non-exhaustive list of disqualifying criminal offenses in Florida. The entire list of disqualifying offenses can be reviewed under Florida statute 435.04 and 408.809. 

1. Child Abuse, Abandonment, or Neglect
2. Public Assistance Fraud
3. Medicaid Fraud
4. Organized Fraud
5. Insurance Fraud
6. Credit Card Fraud 
7. Health Care Fraud 
8. Possession of Personal Identification Information
9. Forgery
10.   Uttering a Forged Instrument 
11.   Money Laundering
12.   Abuse, Neglect, or Exploitation of the Elderly
13.   Murder
14.   Manslaughter
15.   Vehicular Homicide
16.   Domestic Violence
17.   Aggravated Assault
18.   Aggravated Battery
19.   Kidnapping
20.   False Imprisonment
21.   Human Trafficking 
22.   Sexual Battery
23.   Prostitution
24.   Arson
25.   Burglary
26.   Theft, Robbery, and Related Crimes if the Offense is a Felony
27.   Resisting Arrest With Violence
28.   Drug Crimes, if a Felony or Involving a Minor

Penalties Against a Registered Nurse

Under Florida Statute 456.072, when the board or department finds any person guilty of violating the regulations for a nurse’s license, it may enter an order imposing one or more of the following penalties:

• Refusal to certify, or to certify with restrictions, an application for a license.
• Suspension or permanent revocation of a license.
• Restriction of practice or licensure.
• Imposition of an administrative fine not to exceed $10,000.
• Issuance of a reprimand or letter of concern.
• Placement of the licensee on probation.
• Corrective action.
• Imposition of an administrative fine in accordance with Florida Statute 381.0261 for violations regarding patient rights. 
• Refund of fees billed and collected from the patient or a third party on behalf of the patient.
• Requirement that the practitioner undergo remedial education. 

Generally, the severity of the penalty is based on the seriousness of the current violation, whether the violation involves a disqualifying criminal offense, the licensee’s history with the Board, and the potential for harm to the public if the licensee is permitted to continue practicing. Sometimes, even if a licensee has been guilty of misconduct, it is still possible to present mitigating evidence to attempt to receive a more lenient punishment. 

Attorney for Nurse License Defense in Miami, FL

At Hubbs law, we defend against complaints for all types of professions.  Our attorneys are former prosecutors and have the courtroom experience you need to give you, or your loved one, the best chance to obtain a favorable outcome. 

We understand how important your nursing license is to maintain your career and your reputation.  That is why we strategically prepare a personalized defense for every client with the goal of avoiding license revocation or suspension. 

Hubbs Law handles all professional license cases, including nurse’s licenses, in Miami-Dade County including South Miami, North Miami, South Beach, Westchester, Coral Gables, Kendall, Doral, Homestead, Pinecrest, Palmetto Bay, Cutler Bay, and Hialeah, as well as other cities and areas in the Greater Miami Area.

Call 305-570-4802 today to schedule your first consultation today. 

Additional Resources

Florida Board of Nursing – The Florida Board of Nursing is the governing body for licensure of registered nurses, certified nursing assistants, license practical nurses, and advanced practice registered nurses.  Click on the link for more information verifying a license, applying for a license, or renewing a license.

Florida Department of Health – The Florida Department of Health is the other governing agency responsible for regulating licensure of registered nurses, certified nursing assistants, license practical nurses, and advanced practice registered nurses.  Click on the link to learn rules and regulations for these fields from the Department of Health.