Many Certified Nursing Assistants, Licensed Practical Nurses, Registered Nurses, and Advanced Practice Registered Nurses assume that losing a job is a workplace matter, full stop. In reality, a termination can open the door to a separate Board of Nursing discipline investigation that puts a Florida nursing license at risk.
For many nurses, the first thought after being fired is:
“This is between me and my employer. The Board has nothing to do with it.”
That assumption can lead to serious consequences. Here is what Florida nurses should actually understand.
Belief: “My Employer and the Board Are Separate Worlds”
Many nurses treat employment law and professional licensing as two entirely different systems that never overlap. However, they share a common thread: the conduct that got a nurse fired.
When a termination involves allegations of patient harm, medication diversion, falsified records, or conduct falling below acceptable nursing standards, that same conduct may serve as grounds for a licensing investigation. The Florida Board of Nursing serves Certified Nursing Assistants, Licensed Practical Nurses, Registered Nurses, and Advanced Practice Registered Nurses across the state. Its role is to protect the public, not to resolve employment disputes. As a result, it may act on the underlying conduct regardless of how the employment situation ends.
Belief: “If I Was Not Charged With a Crime, There Is No Problem”
A termination without a criminal charge does not close the licensing matter. Florida law sets out a range of conduct that can support Board of Nursing discipline, and most of those grounds do not require a conviction.
Allegations that may trigger an investigation include failing to meet minimal standards of acceptable nursing practice, making or filing false records, and conduct that affects a nurse’s ability to practice safely. In practice, a former employer, a coworker, or a patient may file a complaint directly with the Department of Health. The Board then conducts its own independent review, separate from any workplace or criminal proceeding. Learn more about how Board of Nursing complaints work and what confidentiality protections may apply.
Belief: “Board of Nursing Discipline Only Means License Revocation”
This is one of the most common misconceptions nurses hold. In fact, the range of possible outcomes is wide.
When determining appropriate action, the Board considers what is necessary to protect the public first. Only after that may it weigh rehabilitation of the nurse. Possible outcomes include:
- A reprimand;
- A fine;
- Probation with monitoring conditions;
- Suspension; or
- In more serious cases, revocation.
Many cases resolve without the most severe consequences. Every case is different, and no outcome can be promised. However, the effects of a disciplinary action can follow a nurse’s career well beyond the immediate case, including affecting future employment and licensure in other states. Learn more about disciplinary actions against Florida nurses and what the process typically involves.
Belief: “I Can Wait and See Whether the Board Does Anything”
Waiting is often one of the costliest decisions a nurse can make. Investigations begin quietly, and the first contact a nurse receives may already reflect weeks of review.
Florida nurses also carry independent obligations that exist apart from any employer relationship. Failing to understand and meet those obligations, including any duty to report certain conduct or criminal history, can itself become a separate basis for Board of Nursing discipline. Providing a written response to investigators without legal advice is another common misstep. What a nurse says early in an investigation can shape how the case develops. Read more about legal recourse available to nurses facing disciplinary proceedings.
Practical Steps After a Termination Involving Allegations
If your termination involved conduct-based allegations, consider taking these steps as soon as possible: avoid submitting written statements without legal guidance; preserve any documentation related to the incident; check whether you have any independent reporting obligations; and consult an attorney experienced in professional licensing defense before the investigation advances. Early action typically provides more options than waiting for formal charges.
FAQ
Can a former employer file a complaint with the Florida Board of Nursing after firing a nurse?
Yes. A former employer, coworker, or patient may file a complaint with the Department of Health, which can begin a Board of Nursing investigation independent of the termination itself.
Does Board of Nursing discipline always result in license revocation?
No. The Board may impose a range of outcomes, including reprimands, fines, probation, or suspension. Revocation is possible in serious cases, but many matters resolve with less severe consequences.
Does a criminal charge have to be filed before the Board can act?
No. Board of Nursing discipline may arise from conduct that falls below acceptable nursing standards even without a criminal charge or conviction.
Can a Florida nursing license be affected by discipline in another state?
Yes. Florida law recognizes that having a license acted against by another state’s licensing authority may serve as independent grounds for Board of Nursing discipline in Florida.
If you are under investigation or have questions about how a complaint, criminal matter, or other conduct may affect your professional license, the attorneys at Soreide Law Group, PLLC represent licensed professionals throughout Florida in administrative and professional licensing matters. We can help you understand the disciplinary process, evaluate your options, and advocate for your interests. Contact us for a free consultation. Every case is different, and no attorney can guarantee a particular outcome. This article is for general educational purposes only and is not legal advice.