Posts Tagged ‘disciplinary actions against nurses’

State of Florida in Need of Nurses/Health Care Workers

Thursday, January 23rd, 2014

Currently, there are thousands of vacancies for licensed practical nurses and certified nursing assistants in the State of Florida.  The state’s economists report that Florida needs more than 220,000 new health care workers by 2030.  Also, the Florida Center for Nursing forecasts a shortage of 11,000 nurses by 2015.  Will Florida be able to find enough licensed health care professionals?

The Florida Legislature realized four years ago that the state’s educational institutions could not provide enough nurses. So, they decided that the state could either invest additional money at public universities and colleges, or give the private institutions a greater role in the training.  Now, almost half the growth has come from the private sector.

The new schools have challenges. It takes time for programs to mature. The accountability measures will be strengthened to address schools that fall short. However, in the past, nursing education was far too limited to meet the urgent demand.

If you feel your Florida professional nursing license is in jeopardy, contact us. Remember, your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552

Florida Nurse Suspended for Suspected Drug Use

Thursday, December 19th, 2013

A nurse employed at Oak Hill Hospital in Brooksville, Florida, had her license suspended this month for drug-related offenses which occurred in 2012. There was an emergency order from the Florida Department of Health issued this month. She worked at Oak Hill Hospital between 2010 and 2012, and was required to submit to a drug test last year due to “suspected impairment and diversion of Dilaudid” from the hospital, according to a report.  The  drug screen tested positive for the pain-killers Dilaudid, benzodiazepines, and methadone. The nurse denied taking drugs from the hospital.

Oak Hill Hospital fired the nurse in January, according to the report, and she was admitted to the Intervention Project for Nurses (IPN), where she tested positive for hydromorphone one month later. She was terminated this summer from the program for failing to comply with requirements, and reporting to a department investigator in May that she stole Dilaudid from Oak Hill Hospital for personal use in May 2012.

The Florida Department of Health placed an emergency restriction order on the nurse, which went into effect in November.

If you feel your Florida professional nursing license is in jeopardy, contact us.
Remember, your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website a www.floridaprofessionallicense.com.

Reporting Disciplinary Actions on Nursing Applications in Florida

Thursday, August 15th, 2013

 

The following information was obtained from the website of The Florida Board of Nursing, Nursing Endorsement  Application Registered Nurse (RN) or Licensed Practical Nurse (LPN):

Frequently Asked Questions about Discipline History

The Florida Board of Nursing receives numerous questions from applicants regarding discipline. The following are the most frequently asked questions:

Question: What disciplinary action must be reported on the application?
Answer: All prior or current disciplinary action against any professional license must be reported, whether it occurred in Florida or in another state, territory or jurisdiction.

Applicants with disciplinary action on a license will not be authorized to practice nursing until all documentation is cleared by staff or reviewed by the Board.

DISCIPLINARY HISTORY: Any action taken against any license you have held or currently hold by a state licensing board must be reported on the application. A copy of each Administrative Complaint and Final Order must be submitted to the Florida Board of Nursing. Applicants are responsible to ensure that the proper documentation is sent to the Florida Board of Nursing.

Self Explanation: Applicants who have listed discipline on their application must submit a letter in her/his own words describing the circumstances behind the discipline.

This ends the article from the website. This is merely a reminder of the documentation required for the nursing application.  We highly recommend checking regularly with the Florida Department of Health and The Florida Board of Nursing.
If you feel your Florida professional nursing license is in jeopardy, contact us. Remember, your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552.

 

Discipline Actions Against Florida Nurses

Thursday, January 31st, 2013

The following information was obtained from the Official Internet Site of the Florida Legislature, “The 2012 Florida Statutes.”  This is a listing of the Statutes from the State of Florida regarding the discipline of nurses.

“464.018 Disciplinary actions.—

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.456.072(2):

(a) Procuring, attempting to procure, or renewing a license to practice nursing 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 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 found guilty, regardless of adjudication, of 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.
(e) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, 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 licensee 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 licensee is unable to practice nursing because of the reasons stated in this paragraph, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department. If the licensee 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 licensee resides or does business. The licensee 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 the provisions of 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 licensee knows is in violation of this part or of the rules of the department or the board; however, if the licensee verifies that such person is actively participating in a board-approved program for the treatment of a physical or mental condition, the licensee is required to report such person only to an impaired professionals consultant.
(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 licensee is not qualified by training or experience.
(o) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2) 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 licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of 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.”
This ends the article from the website. This is merely a reminder of the statutes.  We highly recommend checking regularly with the Florida Department of Health.
If you feel your Florida professional nursing license is in jeopardy, contact us. Remember, your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website a www.floridaprofessionallicense.com.

Florida Licensed Professionals MUST Report Crimes

Thursday, December 6th, 2012

The following information was found on Florida’s Department of Business and Professional Regulation’s website under “important information:”

Reporting Requirement for Criminal Convictions

“As of October 1, 2009, Section 455.227(1)(t), Florida Statutes requires all professional licensees to report to the department within 30 days of being convicted or found guilty of, or having plead nolo contendere or guilty to a crime in any jurisdiction. The statute also requires the reporting of any convictions that occurred prior to October 1, 2009. A licensee who fails to report that information may be subject to disciplinary action, including fines, suspension or license revocation. To report this information, complete the criminal self-reporting document mail it to the department.”

This ends the information from the DBPR.

Do not put your Florida Professional License in jeopardy. Your license is your livelihood.

Whether you are veterinarian, cosmetologist, barber, mortgage broker, appraiser, doctor, lawyer, CPA, realtor, architect, engineer, stockbroker, nurse, auctioneer, contractor, or pharmacist, a professional license is a prerequisite for doing business in the State of Florida. We assist in the application process and help you understand and comply with all applicable government regulations associated with your license. We also defend you against attacks on your professional license and represent you before the appropriate administrative board. For more information regarding professional licensing law, contact Soreide Law Group at: www.floridaprofessionallicense.com or call (888) 760-6552.

Participation in the Intervention Project for Nurses (IPN) in Florida

Thursday, November 15th, 2012

The following information comes from Florida’s Intervention Project for Nurses (IPN) website:

  • Will the participation in Florida’s Intervention Project for Nurses (IPN) protect my nursing license from discipline by the Florida Board of Nursing?

    If you are unable to practice nursing safely, due to use of drugs, alcohol, chemicals, a mental condition, or the possession or distribution of controlled drugs for other than legitimate purposes, is a violation of the Nurse Practice Act that can result in disciplinary action taken against a nurse’s license by the Florida Board of Nursing. If the nurse has been reported only to IPN, he/she agrees to participate in IPN, and successfully completes IPN, the file is closed and held in confidence with no disciplinary action resulting. If the nurse is reported only to IPN, and does not agree to participate, or does not successfully complete IPN, then the information in IPN’s possession is forwarded to the DOH, and may result in disciplinary action, if deemed appropriate. In some cases, the nurse is reported both to IPN and the DOH and in those cases, the disciplinary process proceeds and may result in disciplinary action.

This ends the information from the Intervention Project for Nurse’s website.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website a www.floridaprofessionallicense.com.

Florida Nurses and Reporting Criminal History

Monday, September 10th, 2012

THE FOLLOWING QUESTIONS AND ANSWERS APPEARED ON THE FLORIDA BOARD OF HEALTH’S WEBSITE .  WE ADVISE ALL POTENTIAL APPLICANTS TO VISIT THE DOH WEBSITE AS IT IS CONTINUALLY UPDATED.

Question: What crimes or license discipline must be reported on the (Florida nursing) application?

 

Answer: All convictions, guilty pleas and nolo contendere pleas must be reported, except for minor traffic violations not related to the use of drugs or alcohol. This includes misdemeanors, felonies, “driving while intoxicated (DWI)” and “driving under the influence “(DUI).” Crimes must be reported even if they receive a suspended sentence. All prior or current disciplinary action against another professional license must be reported, whether it occurred in Florida or in another state or territory.

 

Question: Can a person obtain a license as a (Florida) nurse if they have a misdemeanor or felony crime on their record?

Answer: Each application is evaluated on a case-by-case basis. The (Florida) Board of Nursing considers the nature, severity, and recency of offenses, rehabilitation and other factors. The Board cannot make a determination for approval or denial of licensure without evaluating the entire application and the supporting documentation.

Question: Do I have to report charges if I completed a period of probation and the charges were dismissed or closed?

Answer: Yes. Offenses must be reported to the (Florida) Board even if you received a suspended sentence and the record is now considered closed. Applicants with previous arrest or disciplinary action on a license will not be authorized to practice nursing until all documentation is cleared by staff or reviewed by the Board. 

This ends the information obtained from the DOH’s website.

This information should not replace the valuable and current information obtained from the above mentioned organizations. Always check with them to get the latest and most updated information.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website at www.floridaprofessionallicense.com.

 

 

 

Can You Become Licensed as a Nurse in Florida After Being Convicted of a Crime?

Tuesday, June 12th, 2012

Our office is often asked if an application for becoming a nurse in the State of Florida can be approved if the applicant has been convicted of a crime, whether it be a misdemeanor or a felony.  The Florida Board of Nursing evaluates each applicant for a license and looks at the application on a case-by-case basis.  The Board will look at how recent the offense occurred, the nature of the offense and how severe it was.  The Board is also looking to see what rehabilitation has occured.  The Board looks at the application as a whole, plus any supporting documentation, before they can decide whether or not to approve or deny the applicant.

If the applicant has a criminal history or has been diciplined, The Florida Board of Nursing will encourage the applicant to be completely prepared with all of the information regarding their background.  It is highly recommended starting the application process early.

All applicants in the State of Florida who have had previous arrests or disciplinary actions on their licenses will not be authorized to practice nursing in the State of Florida until all documentation is reviewed by the Florida Board of Nursing or cleared by Board staff. 

For all updated information go to Florida Department of Health’s Nursing Division on their website.

If you are a Florida nursing student or a Florida nurse with licensing issues, Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing. If you need to speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website at www.floridaprofessionallicense.com.

The Intervention Project for Nurses (IPN)

Thursday, June 7th, 2012

Most chemical dependency is generally defined as a chronic, progressive, and sometimes fatal disease with stages and a predictable course. How is chemical dependency best described in nursing? Impairment by nurses is generally characterized by the inability to perform their professional duties and responsibilities in a reasonable manner, consistent with standards acceptable for nurses.  Unfortunately, impaired practice is not a new concern to the nursing profession. Since the early 1980s, it has been recognized as a common and serious problem in the industry. The American Nurses Association estimates that between six to eight percent of nurses are affected by substance abuse or dependence to the extent that job performance is impaired. This rate is consistent with that of the public.

Florida’s Intervention Project for Nurses (IPN) ensures public health and safety by providing an swift intervention/close monitoring and advocacy of nurses whose abilities may be impaired due to the use, misuse, or abuse of alcohol or drugs, or a mental and/or physical condition.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing regarding your nursing licensing issues. For a free consultation with an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.

Florida’s Intervention Project for Nurses (IPN)

Thursday, January 26th, 2012

The following information appears on Florida’s Department of Health website:

Intervention Project for Nurses (IPN) was established in 1984 through legislative action to ensure public health and safety through a program that provides close monitoring of nurses who are unsafe to practice due to impairment as a result of misuse or abuse of alcohol or drugs, or both, or due to a mental or physical condition which could affect the licensee’s ability to practice with skill and safety.

If you are interested in additional information on Florida’s impaired practitioner program for nurses, formally known as the Intervention Project for Nurses (IPN), you may contact

Mailing Address:
Intervention Project for Nurses (IPN)
P.O. Box 49130 | Jacksonville Beach, FL 32240-9130

Toll Free:
800.840.2720

End of  information from the Florida Department of Health website.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing regarding licensing issues. To speak to an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.