This document outlines the grounds for disciplinary action and penalties by the Florida Board of Nursing for licensed nurses. It describes offenses that would result in disciplinary action such as license revocation or suspension. These include obtaining a license through misrepresentation, having a license revoked in another state, committing various felonies or unprofessional conduct. Penalties are also described such as suspensions, probation, fines and license reinstatement requirements. Exceptions to the nursing practice act are provided for students, emergency situations and those practicing under other jurisdictions.

1.  Obtaining or renewing a license to practice nursing by bribery, by knowing
misrepresentations, or through an error of the department or the board.
 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.
 Being found guilty, regardless of adjudication, of any of the following offenses:
i. A felony
ii. Theft or robbery
iii. Fraudulent practice
iv. Lewdness and indecent exposure
v. Assault, battery and culpable negligence
vi. Child abuse, abandonment or neglect
vii. Domestic violence
 Filing a false report
 False, misleading or deceptive advertising (Florida Board of Nursing, 2015)

2. Grounds for Disciplinary Action continued
Unprofessional conduct
possession, sale, or distribution of controlled substances
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
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
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 (Florida Board of Nursing, 2015).

3. Penalties for violations
Penalties for violations include suspension from nursing duties until appearance
before the Board of Nursing. Submission of mental and physical examinations,
completion of counseling and continuing education and demonstration of
sobriety are some of the requirements during suspension. Depending on the
violation, fees and fines will also need to be paid before suspension will be
uplifted.
Probation with the minimum conditions, keeping the Board advised of the
nurse’s address and employment, and supplying both timely/satisfactory
probation and employer/supervisor reports is another penalty for violation
(Florida Board of Nursing, 2015).

4. Penalties for violations continued
Random drug screens to ensure abstention from alcohol and drugs, participation
in narcotics or alcoholics anonymous, psychological counseling, the prohibition
on agency work, or the requirement that work must be under direct supervision
on a regularly assigned unit before the board can determine to reinstate a
license.
Each of the following acts constitutes a felony of the third degree:
i. Practicing advanced or specialized, professional, or practical nursing, as defined in
this part, unless holding an active license or certificate to do so.
ii. Using or attempting to use a license or certificate which has been suspended or
revoked.
iii. Knowingly employing unlicensed persons in the practice of nursing
iv. Obtaining or attempting to obtain a license or certificate under this part by
misleading statements or knowing misrepresentation

5. Penalties for Violations continued
Each of the following acts constitutes a misdemeanor of the first
degree:
i. Using the name or title "Nurse," "Registered Nurse," "Licensed Practical
Nurse," "Clinical Nurse Specialist”, "Certified Registered Nurse Anesthetist,"
"Certified Nurse Midwife," "Advanced Registered Nurse Practitioner," or
any other name or title which implies that a person was licensed or
certified as same, unless such person is duly licensed or certified.
ii. Knowingly concealing information relating to violations of this part.

6. Why does the Board have authority over nursing
programs?
The Florida Board of Nursing’s power to set standards for nursing
programs is typical of that of other states; the nursing boards in 43
other states have the power to set standards for the nursing programs
in their jurisdiction (Office of program policy analysis & government
accountability, 2007).
This authority over nursing programs is important because guidelines
are set for faculty credentials, clinical ratio requirements and
curriculum that ensure the delivery of quality nursing care.

7. “Exceptions” (no prohibition) to practice:
The care of the sick by friends or members of the family without compensation,
the incidental care of the sick by domestic servants, or the incidental care of
noninstitutionalized persons by a surrogate family.
Assistance by anyone in the case of an emergency.
The practice of nursing by students enrolled in approved schools of nursing.
The practice of nursing by graduates of prelicensure nursing education programs
The rendering of services by nursing assistants acting under the direct
supervision of a registered professional nurse.
Any nurse practicing in accordance with the practices and principles of the body
known as the Church of Christ Scientist; nor shall any rule of the board apply to
any sanitarium, nursing home, or rest home operated in accordance with the
practices and principles of the body known as the Church of Christ Scientist.

8. “exceptions” to practice continued
The practice of any legally qualified nurse or licensed attendant of another state who is employed by the
United States Government, or any bureau, division, or agency thereof, while in the discharge of official
duties.
Any nurse currently licensed in another state or territory of the United States from performing nursing
services in this state for a period of 60 days after furnishing to the employer satisfactory evidence of current
licensure in another state or territory and having submitted proper application and fees to the board for
licensure prior to employment
 The rendering of nursing services on a fee-for-service basis, or the reimbursement for nursing services
directly to a nurse rendering services
The establishment of an independent practice by one or more nurses for the purpose of rendering to
patients nursing services within the scope of the nursing license.
The furnishing of hemodialysis treatments in a patient’s home, using an assistant chosen by the patient,
provided that the assistant is properly trained, as defined by the board by rule, and has immediate
telephonic access to a registered nurse who is licensed pursuant to this part and who has dialysis training
and experience.
The practice of nursing by any legally qualified nurse of another state whose employment requires the nurse
to accompany and care for a patient temporarily residing in this state for not more than 30 consecutive days,
provided the patient is not in an inpatient setting, the board is notified prior to arrival of the patient and
nurse, the nurse has the standing physician orders and current medical status of the patient available, and
prearrangements with the appropriate licensed health care providers in this state have been made in case
the patient needs placement in an inpatient setting.
The practice of nursing by individuals enrolled in board-approved remedial courses (Florida Board of
Nursing, 2015).

9. References
• Office of Program Policy Analysis & Government Accountability
(OPPAGA). (2007). Florida Nurse Practice Act and Board of Nursing
Rules Create No Unreasonable Barriers to Producing New Nurses. Retrieved
from http://www.oppaga.state.fl.us/reports/pdf/0704rpt.pdf
• Florida Board of Nursing. (2015). Florida Administrative Codes: Title 64B9.
Retrieved from http://floridasnursing.gov/resources