Tips, Pointers and Reminders for Administrative Hearings

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Formal administrative hearings are one of the options provided to a person who has significant (or substantial) interests that will be affected by agency action and who contests the material facts involved in the case.

In this blog, we are usually discussing a hearing involving the professional license of the nurse. In many cases this will be a notice of intent to deny a license application; however, in most cases, it will be based on an administrative complaint filed against the nurse charging the nurse with a violation of the Nurse Practice Act or other misconduct.

A formal administrative hearing is the only chance which is provided to a nurse to actually challenge the facts of the case and show, for example, that she is not guilty […]

By |2024-03-14T10:01:09-04:00May 15, 2018|Categories: Administrative Complaints, Administrative Hearing, Board of Nursing, Nurse License|Tags: , , , , , , , , , , , |Comments Off on Tips, Pointers and Reminders for Administrative Hearings
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Nurses Beware of a Disciplinary Action Database Called Licensure QuickConfirm

By Christopher E. Brown, J.D.

Nurses, did you know the National Council of State Boards of Nursing (NCSBN) maintains a database of all state disciplinary actions?  This database, called Licensure QuickConfirm, lists all disciplinary actions from the Florida Board of Nursing and forty-six (46) other state boards. It is frequently used by hospitals and medical groups to screen potential employees.

To search the Licensure QuickConfirm list, click here.

Information Comes From the Boards of Nursing.

According to the website, all information listed on the database comes directly from the boards of nursing. A report will contain:– the nurse’s name, – licensed jurisdiction,

– license type

– license number,

– compact status (single state or multistate),

– license original issue date,

– license expiration date,

– discipline against license, and

[…]

By |2024-03-14T10:01:56-04:00May 15, 2018|Categories: Board of Nursing, Discipline, Nurse License|Tags: , , , , , , |Comments Off on Nurses Beware of a Disciplinary Action Database Called Licensure QuickConfirm
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Nursing Liability and Nursing Malpractice – Part 1

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A wrongful act that causes harm to a person for which the law allows a person to recover is called a “tort.” The most common type of tort is one based on negligence. In order to recover form a tort based on negligence, there are four elements which must be met are that there is an act (or failure to act) in which the following are present: 1) a duty owed by the one performing the act to the one who is harmed; 2) an act (or failure to act) which breaches that duty; 3) actual damage or harm sustained; and causation (in other words, the act or failure to act caused the damage or harm).

Malpractice is just another name for professional negligence. Professional negligence is a […]

By |2024-03-14T10:01:15-04:00May 15, 2018|Categories: Board of Nursing, Defense, Malpractice|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Nursing Liability and Nursing Malpractice – Part 1
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Legal Responsibilities of Nurse Supervisors

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Although a nursing supervisor is liable for her own negligent acts, the employer is liable for the negligent acts of all employees, including nursing supervisors. Supervisors are not generally liable under the doctrine of respondent superior for the negligent acts of those being supervised, unless they can be shown to be independently negligent in how they supervise or fail to supervise. They have the right to direct the nurses who are being supervised. In a health care facility, the supervisor’s powers are derived directly from the facility’s right of control.

A supervisor who knowingly fails to supervise an employee’s performance or assigns a task to an individual he or she knows, or should know, is not competent to perform can be held personally liable if an injury occurs. The employer will […]

By |2024-03-14T10:01:56-04:00May 15, 2018|Categories: Board of Nursing, Defense, Discipline, Nurse License, Nursing Law Blog|Tags: , , , , , , , , , |Comments Off on Legal Responsibilities of Nurse Supervisors
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Kudos to Wyoming State Board of Nursing for its Accurate Information on its Website for Nurses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

As a nurse, when you are the subject of a complaint that alleges improper conduct or action that could result in discipline against your license, finding correct information regarding the disciplinary process is vital. I’ve recently found that the Wyoming State Board of Nursing (BON) is one of the few nursing board websites that provide accurate information on discipline. On this website, there is information about  nurses’ legal rights, and explanations of the investigation or hearing process, for Advanced Practice Registered Nurses (APRNs), Registered Nurses (RNs), Licensed Practical Nurses (LPNs) and Certified Nursing Assistants (CNAs).

Click here to go to the Wyoming State BON website.

Wyoming State BON Website Provides Information Regarding the Board’s Duty of Reporting to National Practitioner Data Bank.

Information about nursing discipline actions was […]

By |2024-03-14T10:01:16-04:00May 15, 2018|Categories: Administrative Complaints, Board of Nursing, Defense, Discipline|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , |1 Comment
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What Happens at a Board of Nursing Meeting?

George F. Indest III is Board Certified by The Florida Bar in Health Law George F. Indest III is Board Certified by The Florida Bar in Health Law

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Florida Department of Health has many boards which regulate various licensed health care professions. One of the boards that makes up the Department of Health is the Board of Nursing. The Board of Nursing regulates the nursing profession.

The Board of Nursing holds public meetings in which it conducts all of its business. These meetings are scheduled in advance. Notice of when and where they are going to be held is available on its website usually several months in advance. The Board of Nursing rotates its meetings around the state, each time meeting in a different major city. Therefore, one […]

By |2024-03-14T10:01:56-04:00May 15, 2018|Categories: Board of Nursing, Defense, IPN|Tags: , , , , , , , , , |Comments Off on What Happens at a Board of Nursing Meeting?
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Terrible Things That Can Happen after Discipline on Your Nursing License or Resignation of a Nursing License after Notice of Investigation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Do you have nursing licenses in several different states? Do you have a license in more than one health profession? Have you been notified that an investigation has been opened against you? Are you thinking about resigning your nursing license or voluntarily relinquishing such a license? Then you must be aware of the following.

First, you should never voluntarily relinquish or resign your license after you know that an investigation has been opened or that disciplinary action has been taken against you. Such a resignation is considered to be a “disciplinary relinquishment” and is treated the same as if your license had been revoked on disciplinary grounds.

Second, this will be reported out to other states, agencies, to the National Practitioner Data Bank (NPDB), […]

By |2024-03-14T10:01:16-04:00May 15, 2018|Categories: Board of Nursing, Defense, Discipline, Nurse License|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Terrible Things That Can Happen after Discipline on Your Nursing License or Resignation of a Nursing License after Notice of Investigation
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The Collateral Effects of Discipline on Your Nursing License

indest1By George F. Indest, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A. A case involving an arrest or a conviction involving alcohol abuse (DUI/public Intoxication) or drugs (possession, diversion, theft, trafficking) will probably result in an emergency suspension order (ESO) until the entire licensure case is complete.

B. Client may be required to be evaluated and probably enrolled in the Impaired Nurses Program (IPN) (for nurses only) or the Professionals Resource Network (PRN) (for all other licensed health professionals), which is usually at least a five year contract.

C. Action to revoke, suspend or take other action against the clinical privileges and medical staff membership of those licensed health professionals who may have such in a hospital, ambulatory surgical center, skilled nursing facility, or staff model HMO or clinic. This will usually be advance registered nurse practitioners (ARNPs) and […]

By |2024-03-14T10:01:57-04:00May 15, 2018|Categories: Board of Nursing, Defense, Department of Health, IPN, Nurse Depositions, Nurse License|Tags: , , , , , , , , , , , , , , , , , , , , , , , |1 Comment
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Appealing Final Orders and Emergency Suspension Orders (ESOs) from the Florida Board of Nursing

indest1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The professional boards for licensed health professionals in Florida, such as the Board of Nursing, are all under the Florida Department of Health (DOH).  Each board is responsible for disciplinary actions and other matters regulating the professions under its authority.  The investigators and attorneys assigned for Board of Nursing matters all work for or are assigned to the DOH.  The Florida DOH is headed up by the Florida Surgeon General.  I think of the DOH as the umbrella agency over the professional boards or as a parent corporation which owns many subsidiary corporations.

Administrative Procedures Governing Investigations and Disciplinary Actions.

All agency actions, especially disciplinary actions and investigations, are governed by the Florida Administrative Procedure Act (APA), Chapter 120, Florida Statutes.  The Florida APA is modeled after the […]

By |2024-03-14T10:01:17-04:00May 15, 2018|Categories: Board of Nursing, Department of Health, Discipline, Emergency Suspension Order, Insurance, Nurse License|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , |1 Comment
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Nursing Liability and Nursing Malpractice – Part 2

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In this blog I discuss the concept of nursing malpractice. It is the second blog of my two-part series. To read part one, click here.

The Duty of Reasonable Care.

The plaintiff must first show that the nurse had a duty to provide care for the plaintiff. The element of duty is usually straightforward and relatively easy for the plaintiff to prove because once nurses undertake care for their patients they have a clear duty to provide care for that patient in a competent and reasonable manner. Nurses owe a clear duty of care to all of their patients.

Breach of Duty.

When applied to nursing, a breach of a duty occurs when a nurse does, or does not do, what a reasonable nurse would have done under […]

By |2024-03-14T10:01:57-04:00May 15, 2018|Categories: Board of Nursing, Defense, Malpractice|Tags: , , , , , , , , , , , , , , , , , , , , |Comments Off on Nursing Liability and Nursing Malpractice – Part 2
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