|
This program is a review
of Florida laws and regulations pertaining to registered nurses,
licensed practical nurses and nurse practitioners.
The Participant upon completing this
course will be able to:
|
1. |
Describe the sole
legislative purpose in
enacting the Nurse Practice
Act as stated in Chapter 464
under Title XXXII. |
|
|
|
|
2. |
Define five specific acts
requiring substantial
specialized knowledge that a
professional nurse performs
in the "Practice of
Professional Nursing." |
|
|
|
|
3. |
Describe and define the five
rights of delegation and the
nurses' responsibility when
delegating specific duties
in the healthcare setting. |
|
|
|
|
4. |
Explain how a professional
nurse renews her/he/his
license or certificate. |
|
|
|
|
5. |
Describe the process and at
least 5 grounds for
disciplinary action
according to the guidelines
in the Nurse Practice Act. |
The professional nurse today has
more responsibilities than ever,
including compliance with laws and
regulations that are closely
scrutinized. Consequently, each year
the Florida Board of Nursing
disciplines hundreds of nurses who
unwittingly violate the Nurse
Practice Act and fail to protect
their licenses from administrative
and legal disciplinary actions.
Title XXXII, Regulation of
Professions and Occupations under
Chapter 464 covers the area of
Nursing and describes the Nurse
Practice Act (ss.464.001-464.027).
In this course references will be
made to regulations in Subtitle
64IB9 of the Florida Administrative
Code.
The Florida Nurse Practice Act is a
series of statutes, which are
revised and passed annually by the
Florida Legislature. These statutes
only apply to registered nurses,
licensed practical nurses, and
advanced nurse practitioners.
Certified Nursing Assistants (CNAs)
are included in another part of
chapter 464. Unlicensed Assistive
Personnel (UAPs) are not included in
chapter 464.
Regulatory agencies involved in the
implementation of the Florida Nurse
Practice Act include the Department
of Health (Department), Florida's
Health Care Administration, and the
Florida Board of Nursing (Board).
Under the Nurse Practice Act, the
Board of Nursing was granted
authority to carry out the Codes'
intent by implementing regulations.
Title XXXII - Regulation of
Professions and Occupations (Florida
statutes, 2009)
Chapter 464 - Nursing
464.02 Purpose. - The sole
legislative purpose in enacting this
part is to ensure that every nurse
practicing in this state meets
minimum requirements for safe
practice. It is the legislative
intent that nurses who fall below
minimum competency or who other wise
present a danger to the public shall
be prohibited from practicing in
this state.
464.003 Definitions. - As
used in this part:
|
1) |
"Department" means the
Department of Health. |
|
|
|
|
2) |
"Board" means the Board of
Nursing. |
|
|
|
|
3) |
"Practice of professional
nursing" |
|
|
|
|
a) |
Means the performance of those acts
requiring substantial specialized
knowledge, judgment, and nursing
skill based upon applied principles
of psychological, biological,
physical, and social sciences which
shall include, but not be limited
to: |
|
|
|
|
i) |
The observation, assessment, nursing
diagnosis, planning, intervention,
and evaluation of care; health
teaching and counseling of the ill,
injured, or infirm; and the
promotion of wellness, maintenance
of health, and prevention of illness
of others. |
|
|
|
|
ii) |
The administration of medications
and treatments as prescribed or
authorized by a duly licensed
practitioner authorized by the laws
of this state to prescribe such
medications and treatments. |
|
|
|
|
iii) |
The supervision and teaching of
other personnel in the theory and
performance of any of the above
acts. |
|
|
|
|
b) |
"Practice of Practical Nursing"
means the performance of selected
acts, including the administration
of treatments and medications, in
the care of the ill, injured, or
infirm and the promotion of
wellness, maintenance of health, and
prevention of illness of others
under the direction of a registered
nurse, a licensed physician, a
licensed podiatric physician, or a
licensed dentist. The professional
nurse and the practical nurse shall
be responsible and accountable for
making decisions that are based upon
the individual's educational
preparation and experience in
nursing |
|
|
|
|
(Not stated in the Nurse
Practice Act are the
specific guidelines that
must be followed so that
licensed practical nurses
can legally give Intravenous
medications. These are
listed in the Florida
Administrative Code Subtitle
64B9.) |
|
|
|
|
c) |
"Advanced or specialized nursing
practice," means, in addition to the
practice of professional nursing,
the performance of advanced-level
nursing acts approved by the board
which, by virtue of post basic
specialized education, training, and
experience, are proper to be
performed by an advanced registered
nurse practitioner. Within the
context of advanced or specialized
nursing practice, the advanced
registered nurse practitioner may
perform acts of nursing diagnosis
and nursing treatment of alterations
of the health status. The advanced
registered nurse practitioner may
also perform acts of medical
diagnosis and treatment,
prescription, and operation which
are identified and approved by a
joint committee… |
|
|
|
|
i) |
"Nursing diagnosis" means the
observation and evaluation of
physical or mental conditions,
behaviors, signs and symptoms of
illness, and reactions to treatment
and the determination as to
whether/he such conditions, signs,
symptoms, and reactions represent a
deviation from normal |
|
|
|
|
ii) |
"Nursing treatment" means the
establishment and implementation of
a nursing regimen for the care and
comfort of individuals, the
prevention of illness, and the
education, restoration, and
maintenance of health. |
|
(Not stated in the Nurse
Practice Act is the
information that must be
included in protocols
between an ARNP and a
physician. These
requirements are listed in
the Florida Administrative
Code, Subtitle 64B9.) |
|
|
|
Thus these definitions are
in concise terms. |
|
|
|
4) |
"Registered nurse" means any
person licensed in this
state to practice
professional nursing. |
|
|
|
|
5) |
"Licensed practical nurse"
means any person licensed in
this state to practice
practical nursing |
|
|
|
|
6) |
"Clinical nurse specialist"
means any person licensed in
this state to practice
professional nursing and
certified in clinical nurse
specialist practice. |
|
|
|
|
7) |
"Advanced registered nurse
practitioner" means any
person licensed in this
state to practice
professional nursing and
certified in advanced or
specialized nursing
practice. |
|
|
|
|
8) |
"Approved program" means a
nursing program conducted in
a school, college, or
university, which is
approved by the board
pursuant to s. 464.019 for
the education of nurses. |
As the national shortage of licensed
nursing personnel expands, more
Certified Nursing Assistants.
(C.N.A.s) and UAPs are being hired
to care for patients in healthcare
facilities. Part two
464.202-464-2085 of the Florida
Statute concerns the Certified
Nursing Assistants. An individual
who wants to be a CNA must complete
a course of training conducted by a
public sector or private sector
educational center licensed by the
Department of Education to implement
the basic curriculum for nursing
assistants which is approved by the
Department of Education. Beginning
October 1, 2000, the board shall
assume responsibility for approval
of training programs under this
paragraph. The board shall maintain,
or contract with or approve another
entity to maintain, a state registry
of certified nursing assistants.
464.202 Duties and powers of the
Board of Nursing
These licensed and unlicensed
personnel are now accountable to the
Board of Nursing. Similarly,
healthcare Institutions are hiring
foreign trained nurses with unknown
training and skills. The licensed
professional registered nurse is
then asked to supervise and delegate
responsibilities to this diverse
staff, and the registered nurse has
ultimate responsibility and
accountability for care provided to
patients (Mikos, Collins, McAuliffe,
& Money, 2002). The nurse is
responsible and answerable for the
actions or the failure to act of
self or others to whom there was a
delegation.
The principles of delegation to and
supervision of UAPs are defined by
the National Council of State Boards
of Nursing, and are mirrored in
Florida Law in sections
464B9-l6.001-16.004 of the Florida
Administrative Code. Sections
464B9-16.001-16.004 regulates the
extent of and manner in which LPNs
may supervise other LPNs and CNAs in
Nursing homes, but only under the
supervision of an RN. LPNs may only
supervise within their own scope of
practice.
The registered nurse must not
delegate any activity that requires
assessment, evaluation, and nursing
judgment commiserate with the
professional nurse's scope of
practice. However, implementation of
some parts of the nursing process
may be delegated. CNAs do not
replace the registered nurse but
rather assist him/her. CNAs are not
permitted to delegate their
assignment to anyone else.
Licensed nurses must use good
judgment, common sense, and consider
the suitability of the task for the
person being delegated the task. The
following five rights of delegation
serve as a guide to assist the
licensed nurse in making the best
decisions when delegating tasks
(Mikos, et. al. 2002).
|
1. |
Right Task: The task is
within a persons training,
experience and scope of
practice. |
|
|
|
|
2. |
Right Circumstances: The
task is performed in an
appropriate setting with
adequate resources. |
|
|
|
|
3. |
Right Person: The delegator
is at the right level of
profession to delegate and
is delegating a task to a
person at the right level of
profession to perform the
task. The person delegated
to must have shown
competency for that task. |
|
|
|
|
4. |
Right Communication: A
concise, clear description
of the task is communicated
at the person's level of
understanding, including an
explanation of the
objectives, limits and
expectations. |
|
|
|
|
5. |
Right Supervision: The task
is within the Scope of
Practice of the delegator
and the delegator provides
appropriate monitoring,
intervention, evaluation and
feedback. |
The Board of Nursing is the
governing authority for nursing
practice, licensure and disciplinary
actions.
464.004 Board of Nursing,
membership; appointment, terms
(Florida statutes, 2009)
|
1) |
The Board of Nursing is
created within the
department and shall consist
of 13 members to be
appointed by the Governor
and confirmed by the Senate. |
|
|
|
|
2) |
Seven members of the board
must be registered nurses
who are residents of this
state and who have been
engaged in the practice of
professional nursing for at
least 4 years, including at
least one advanced
registered nurse
practitioner, one nurse
educator member of an
approved program, and one
nurse executive. These seven
board members should be
representative of the
diverse areas of practice
within the nursing
profession. In addition,
three members of the board
must be licensed practical
nurses who are residents of
this state and who have been
actively engaged in the
practice of practical
nursing for at least 4 years
prior to their appointment.
The remaining three members
must be residents of the
state who have never been
licensed as nurses and who
are in no way connected with
the practice of nursing. No
person may be appointed as a
lay member who is in any way
connected with or has any
financial interest in, any
health care facility,
agency, or insurer. At least
one member of the board must
be 60 years of age or older… |
As you can see, the Board's
membership is meant to be diverse
and representative of all nurses in
the state and consumers. The Board's
permanent location is Tallahassee,
but it rotates the meeting sites
around the State. The meeting
schedule is available online at
http://www.doh.state.fl.us/mqa/nurshome/nha_meeting.html.
A review of disciplinary cases and
informal discipline hearings is
presented at each board meeting.
Licensure requirements cover diverse
aspects of practice and preparation.
Included are fee, language
requirements, examination
stipulations and certification
processes.
IMPORTANT NOTICE:
Pursuant to Section 456.0635,
Florida Statutes, you are being
notified that effective July 1,
2009, health care boards or the
department shall refuse to issue a
license, certificate or registration
and shall refuse to admit a
candidate for examination if the
applicant has been (Garcia, 2009, p
1):
1. Convicted or plead guilty or nolo
contendre to a felony violation
regardless of adjudication of:
chapters
409,
817, or
893, Florida Statutes; or
21 U.S.C. ss. 801-970 or
42 U.S.C. ss 1395-1396, unless
the sentence and any probation or
pleas ended more than 15 years prior
to the application.
2. Terminated for cause from Florida
Medicaid Program (unless the
applicant has been in good standing
for the most recent five years).
3. Terminated for cause by any other
State Medicaid Program or the
Medicare Program (unless the
termination was at least 20 years
prior to the date of the application
and the applicant has been in good
standing with the program for the
most recent five years).
Some of the boards, or the
department where there is no board,
are in the process of updating
questions on licensure applications.
Please continue to use the
application, as it currently appears
online until rules are adopted that
will allow the department to replace
these applications with updated
versions.
CHAPTER 409
SOCIAL WELFARE
SOCIAL AND ECONOMIC ASSISTANCE
CHAPTER 817
FRAUDULENT PRACTICES
PART I
FALSE PRETENSES AND FRAUDS,
GENERALLY (ss. 817.02-817.569)
PART II
CREDIT CARD CRIMES (ss.
817.57-817.685)
PART III
CREDIT SERVICE ORGANIZATIONS (ss.
817.7001-817.706)
PART IV
CREDIT COUNSELING SERVICES (ss.
817.801-817.806)
CHAPTER 893
Drug Abuse Prevention and Control
Title 21 United States Code (USC)
ss. 801-970 - pertain to public
health & welfare, Medicare, etc.
Title 42 United States Code (USC)
ss. 1395-1396 - pertain to
controlled substances
Here is the link for the United
States Code search page:
http://uscode.house.gov/search/criteria.shtml
464.008 Licensure by examination
(Florida statutes, 2009).
|
1) |
Any person desiring to be
licensed as a registered
nurse or licensed practical
nurse shall apply to the
department to take the
licensure examination. The
department shall examine
each applicant who: |
|
|
|
|
a) |
Has completed the application form
and remitted a fee set by the board
not to exceed $150 and has remitted
an examination fee set by the board
not to exceed $75 plus the actual
per applicant cost to the department
for purchase of the examination from
the National Council of State Boards
of Nursing or a similar national
organization. |
|
|
|
|
b) |
Has provided sufficient information
on or after October 1, 1989, which
must be submitted by the department
for a statewide criminal records
correspondence check through the
Department of Law Enforcement. |
|
|
|
|
c) |
Is in good mental and physical
health, is a recipient of a high
school diploma or the equivalent,
and has completed the requirements
for graduation from an approved
program, or its equivalent as
determined by the board, for the
preparation of registered nurses or
licensed practical nurses, whichever
is applicable. Courses successfully
completed in a professional nursing
program which are at least
equivalent to a practical nursing
program may be used to satisfy the
education requirements for licensure
as a licensed practical nurse. |
|
|
|
|
d) |
Has the ability to communicate in
the English language, which may be
determined by an examination given
by the department. Each applicant
who passes the examination and
provides proof of meeting the
educational requirements specified
in subsection (1) shall, unless
denied pursuant to s. 464.018, be
entitled to licensure as a
Registered Professional Nurse or a
Licensed Practical Nurse, whichever
is applicable |
|
|
|
|
2) |
Any applicant who fails the
examination three
consecutive times,
regardless of the
jurisdiction in which the
examination is taken, shall
be required to complete a
board-approved remedial
course before the applicant
will be approved for
reexamination. After taking
the remedial course, the
applicant may be approved to
retake the examination up to
three additional times
before the applicant is
required to retake
remediation. The applicant
shall apply for
reexamination within 6
months after completion of
remediation. The board shall
by rule establish guidelines
for remedial courses. |
464.009 Licensure by endorsement
(Florida statutes, 2009).
|
1) |
The department shall issue
the appropriate license by
endorsement to practice
professional or practical
nursing to an applicant who,
upon applying to the
department and remitting a
fee set by the board not to
exceed $100, demonstrates to
the board that he or she/he: |
|
|
|
|
a) |
Holds a valid license to practice
professional or practical nursing in
another state of the United States,
provided that, when the applicant
secured his or her/he original
license, the requirements for
licensure were substantially
equivalent to or more stringent than
those existing in Florida at that
time; or |
|
|
|
|
b) |
Meets the qualifications for
licensure in s. 464.008 and has
successfully completed a state,
regional, or national examination
which is substantial equivalent to
or more stringent than the
examination given by the department
|
|
|
|
|
c) |
Has actively practiced nursing in
another state, jurisdiction, or
territory of the United States for 2
of the preceding 3 years wit without
having his or her license acted
against by the licensing authority
of any jurisdiction. Applicants who
become licensed pursuant to this
paragraph must complete within 6
months after licensure a Florida
laws and rules course that is
approved by the. Once the department
has received the results of the
national criminal history check and
has determined that the applicant
has no criminal history, the
appropriate license by endorsement
shall be issued to the applicant.
|
|
|
|
|
2) |
Such examinations and
requirements from other
states shall be presumed to
be substantially equivalent
to or more stringent than
those in this state. Such
presumption shall not arise
until January 1, 1980.
However, the board may, by
rule, specify states the
examinations and
requirements of which shall
not be presumed to be
substantially equivalent to
those of this state. |
|
|
|
|
3) |
An applicant for licensure
by endorsement who is
relocating to this state
pursuant to his or her
military-connected spouse's
official military orders and
who is licensed in another
state that is a member of
the Nurse Licensure Compact
shall be deemed to have
satisfied the requirements
of subsection (1) and shall
be issued a license by
endorsement upon submission
of the appropriate
application and fees and
completion of the criminal
background check required
under subsection. |
|
|
|
|
4) |
The applicant must submit to
the department a set of
fingerprints on a form and
under procedures specified
by the department, along
with a payment in an amount
equal to the costs incurred
by the Department of Health
for the criminal background
check of the applicant. The
Department of Health shall
submit the fingerprints
provided by the applicant to
the Florida Department of
Law Enforcement for a
statewide criminal history
check, and the Florida
Department of Law
Enforcement shall forward
the fingerprints to the
Federal Bureau of
Investigation for a national
criminal history check of
the applicant. The
Department of Health shall
review the results of the
criminal history check,
issue a license to an
applicant who has met all of
the other requirements for
licensure and has no
criminal history, and shall
refer all applicants with
criminal histories back to
the board for determination
as to whether/he a license
should be issued and under
what conditions. |
|
|
|
|
5) |
The department shall not
issue a license by
endorsement to any applicant
who is under investigation
in another state for an act
which would constitute a
violation of this part or
chapter 456 until such time
as the investigation is
complete, at which time the
provisions of s. 464.018
shall apply. |
|
|
|
|
6) |
The department shall develop
an electronic applicant
notification process and
provide electronic
notification when the
application has been
received and when background
screenings have been
completed, and shall issue a
license within 30 days after
completion of all required
data collection and
verification. This 30-day
period to issue a license
shall be tolled if the
applicant must appear before
the board due to information
provided on the application
or obtained through
screening and data
collection and verification
procedures. |
464.115 Certification of clinical
nurse specialists (Florida
statutes, 2009).
|
1) |
Any nurse seeking
certification as a clinical
nurse specialist must apply
to the department and submit
proof that he or she holds a
current license to practice
professional nursing, a
master's degree in a
clinical nursing specialty,
and either: |
|
|
|
|
a) |
Proof of current certification in a
specialty area as a clinical nurse
specialist from a nationally
recognized certifying body as
determined by the board; or |
|
|
|
|
(b) |
Proof that he or she holds a
master's degree in a specialty area
for which there is no certification
within the clinical nurse specialist
role and specialty and proof of
having completed 1,000 hours of
clinical experience in the clinical
specialty for which he or she is
academically prepared, with a
minimum of 500 hours of clinical
practice after graduation. The
applicant for certification as a
clinical nurse specialist must
submit an affidavit to the Board of
Nursing affirming the required hours
of clinical experience.
Falsification of the affidavit
constitutes grounds for discipline
in accordance with s. 464.018(1)(f).
|
|
|
|
|
2) |
The board shall certify, and
the department shall issue a
certificate to, any nurse
who fulfills the
qualifications of this
section. The board shall
establish an application fee
not to exceed $75 and a
biennial renewal fee not to
exceed $75. |
|
|
|
|
3) |
The board may adopt rules
necessary to administer this
section pursuant to ss.
120.536(1) and 120.54.
|
|
|
|
464.012 Certification of Advanced
Registered Nurse Practitioners; fees
(Florida statutes, 2009).
|
1) |
Any nurse desiring to be
certified as an advanced
registered nurse
practitioner shall apply to
the department and submit
proof that he or she/he
holds a current license to
practice professional
nursing and that he or
she/he meets one or more of
the following requirements
as determined by the board- |
|
|
|
|
a) |
Satisfactory completion of a formal
post basic educational program of at
least one academic year, the primary
purpose of which is to prepare
nurses for advanced or specialized
practice. |
|
|
|
|
b) |
Certification by an appropriate
specialty board. Such certification
shall be required for initial state
certification and any
recertification as a registered
nurse anesthetist or nurse midwife.
The board may by rule provide for
provisional state certification of
graduate nurse anesthetists and
nurse midwives for a period of time
determined to be appropriate for
preparing for and passing the
national certification examination. |
|
|
|
|
c) |
Graduation from a program leading to
a master's degree in a nursing
clinical specialty area with
preparation in specialized
practitioner skills. For applicants
graduating on or after October 1,
1998, graduation from a master's
degree program shall be required for
initial certification as a nurse
practitioner under paragraph (4)
(c). For applicants graduating on or
after October 1, 2001, graduation
from a master's degree program shall
be required for initial
certification as a registered nurse
anesthetist under paragraph (4) (a). |
|
|
|
|
2) |
The board shall provide by
rule the appropriate
requirements for advanced
registered nurse
practitioners in the
categories of certified
registered nurse
anesthetist, certified nurse
midwife and nurse
practitioner. |
|
|
|
|
3) |
An Advanced Registered Nurse
Practitioner shall perform
those functions authorized
in this section within the
framework of an established
protocol. A practitioner
currently licensed under
chapter 458, chapter 459, or
chapter 466 shall maintain
supervision for directing
the specific course of
medical treatment. Within
the established framework,
an advanced registered nurse
practitioner may. |
|
|
|
|
a) |
Monitor and alter drug therapies. |
|
|
|
|
b) |
Initiate appropriate therapies for
certain conditions. |
|
|
|
|
c) |
Perform additional functions as may
be determined by rule in accordance
with S464.003 (3) (c). |
|
|
|
|
d) |
Order diagnostic tests and physical
and occupational therapy |
|
|
|
|
4) |
In addition to the general
functions specified in
subsection (3), an Advanced
Registered Nurse
Practitioner may perform the
following acts within his or
her/he specialty. |
|
|
|
|
a) |
The Certified Registered Nurse
Anesthetist may, to the extent
authorized by established protocol
approved by the medical staff of the
facility in which the anesthetic
service is performed, perform any or
all of the following: |
|
|
|
|
i) |
Determine the health status of the
patient as it relates to the risk
factors and to the anesthetic
management of the patient through
the performance of the general
functions. |
|
|
|
|
ii) |
Based on history, physical
assessment, and supplemental
laboratory results, determines, with
the consent of the responsible
physician, the appropriate type of
anesthesia within the framework of
the protocol. |
|
|
|
|
iii) |
Order under the protocol
preanesthetic medication. |
|
|
|
|
iv) |
Perform under the protocol
procedures commonly used to render
the patient insensible to pain
during the performance of surgical,
obstetrical, therapeutic, or
diagnostic clinical procedures.
These procedures include ordering
and administering regional, spinal,
and general anesthesia; inhalation
agents and techniques; intravenous
agents and techniques; and
techniques of hypnosis. |
|
|
|
|
v) |
Order or perform monitoring
procedures indicated as pertinent to
the anesthetic health care
management of the patient. |
|
|
|
|
vi) |
Support life functions during
anesthesia health care, including
induction and intubation procedures,
the use of appropriate mechanical
supportive devices, and the
management of fluid, electrolyte,
and blood component balances. |
|
|
|
|
vii) |
Recognize and take appropriate
corrective action for abnormal
patient responses to anesthesia,
adjunctive medication, or other
forms of therapy. |
|
|
|
|
viii) |
Recognize and treat a cardiac
arrhythmia while the patient is
under anesthetic care. |
|
|
|
|
ix) |
Participate in management of the
patient while in the post anesthesia
recovery area, including ordering
the administration of fluids and
drugs. |
|
|
|
|
x) |
Place special peripheral and central
venous and arterial lines for blood
sampling and monitoring as
appropriate. |
|
|
|
|
b) |
The Certified Nurse Midwife may, to
the extent authorized by an
established protocol which has been
approved by the medical staff of the
health care facility in which the
midwifery services are performed, or
approved by the nurse midwife's
physician backup when the delivery
is performed in a patient's home,
perform any or all of the following: |
|
|
|
|
i) |
Perform superficial minor surgical
procedures. |
|
|
|
|
ii) |
Manage the patient during labor and
deliver to include anatomy,
episiotomy, and repair. |
|
|
|
|
iii) |
Order, initiate, and perform
appropriate anesthetic procedures. |
|
|
|
|
iv) |
Perform postpartum examination. |
|
|
|
|
v) |
Order appropriate medications. |
|
|
|
|
vi) |
Provide family-planning services and
well- woman care. |
|
|
|
|
vii) |
Manage the medical care of the
normal obstetrical patient and the
initial care of newborn patient. |
|
|
|
|
c) |
The Nurse Practitioner may perform
any of the following acts within the
framework of established protocol.
|
|
|
|
|
i) |
Manage selected medical problems. |
|
|
|
|
ii) |
Order physical and occupational
therapy. |
|
|
|
|
iii) |
Initiate, monitor, or alter
therapies for certain uncomplicated
acute illnesses. |
|
|
|
|
iv) |
Monitor and manage patients with
stable chronic diseases |
|
|
|
|
v) |
Establish behavioral problems and
diagnosis and make treatment
recommendations. |
|
|
|
|
vi) |
The board shall certify, and the
department shall issue a certificate
to, any nurse meeting the
qualifications in this section. The
board shall establish an application
fee not to exceed $100, biennial
renewal fee not to exceed $50. The
board is authorized to adopt such
other rules as are necessary to
implement the provisions of this
section. |
All employing agencies must verify
that licensed personnel have a valid
license. Most employers suspend
employment until the employee
presents a valid license for
verification.
464.013 Renewal of license or
certificate (Florida statutes,
2009).
|
1) |
The department shall renew a
license upon receipt of the
renewal application and fee. |
|
|
|
|
2) |
The department shall adopt
rules establishing a
procedure for the biennial
renewal of licenses. |
|
|
|
|
3) |
The board shall by rule
prescribe continuing
education not to exceed 30
hours biennially as a
condition for renewal of a
license or certificate. The
criteria for programs shall
be approved by the board. |
Specific continuing education
requirements are not stated in the
Nurse Practice Act. The requirements
are listed in the Florida
Administrative Code, Subtitle 64B9.
All Florida-licensed RN's and LPNs
are now in a 24-month renewal cycle
and must complete 24 hours of
appropriate continuing education
during each renewal period. One (1)
contact hour is required for each
calendar month of the licensure
cycle, including two (2) hours on
Prevention of Medical Errors.
HIV/AIDS is now a one-time, 1-hour
CE requirement to be completed prior
to the first renewal. Domestic
Violence CE is now a 2-hour
requirement every third renewal. For
example, if you renew your license
on January 31, 2007, you are
required to complete the Domestic
Violence CE before the January 31,
2011 renewal.
Nurses may choose to place their
license on inactive status. When a
license is inactive, the nurse is
not obligated to renewal or
continuing education requirements.
An inactive license must be
activated before the nurse can
resume practice.
464.014 Inactive status
(Florida statutes, 2009).
|
1) |
The board shall adopt rules
relating to application
procedures for inactive
status, to the biennial
renewal of inactive
licenses, and to the
reactivation of licenses.
The board shall prescribe by
rule an application fee for
inactive status, a renewal
fee for inactive status, a
delinquency fee, and a fee
for the reactivation of a
license. None of these fees
may exceed the biennial
renewal fee established by
the board for biennial
renewal of an active
license. |
|
|
|
|
2) |
The department may not
reactivate a license unless
the inactive or delinquent
licensee has paid any
applicable biennial renewal
or delinquency fee, or both,
and a reactivation fee. |
Special administrative rules are
contained in the statute to allow
retired nurses to volunteer in the
community.
464.0205 Retired volunteer nurse
certificate (Florida statutes,
2009).
|
1) |
Any retired practical or
registered nurse desiring to
serve indigent, underserved,
or critical need populations
in this state may apply to
the department for a retired
volunteer nurse certificate
by providing: |
|
|
|
|
a) |
A complete application. |
|
|
|
|
b) |
Verification that the applicant had
been licensed to practice nursing in
any jurisdiction in the United
States for at least IO years, had
retired or plans to retire, intends
to practice nursing only pursuant to
the limitations provided by the
retired volunteer nurse certificate,
and has not committed any act that
would constitute a violation under
s. 464.018(l). |
|
|
|
|
c) |
Proof that the applicant meets the
requirements for licensure under s.
464.008 or s. 464.009. |
|
|
|
|
2) |
All related administrative
costs shall be borne by the
applicant. |
|
|
|
|
3) |
The board may deny a retired
volunteer nurse certificate
to any applicant who has
committed, or who is under
investigation or prosecution
for, any act that would
constitute a ground for
disciplinary action under s.
464.018. |
|
|
|
|
4) |
A retired volunteer nurse
receiving certification from
the board shall: |
|
|
|
|
a) |
Work under the direct supervision of
the director of a county health
department, a physician working
under a limited license issued
pursuant to s. 458.317 or s.
459.0075, a physician licensed under
chapter 458 or chapter 459, an
advanced registered nurse
practitioner certified under s.
464.012, or a registered nurse
licensed under s. 464.008 or s.
464.009. |
|
|
|
|
b) |
Comply with the minimum standards of
practice for nurses and be subject
to disciplinary action for
violations of s. 464.018, except
that the scope of practice for
certified volunteers shall be
limited to primary and preventive
health care, or as further/he
defined by board rule |
|
|
|
|
c) |
Work only in a setting for which
there are provisions for
professional liability coverage for
acts or omissions of the retired
volunteer nurse. |
|
|
|
|
d) |
Provide services under the
certificate only in settings whose
sponsors have been approved by the
board. |
|
|
|
|
5) |
A retired volunteer nurse
receiving certification from
the board shall not: |
|
|
|
|
a) |
Administer controlled substances. |
|
|
|
|
b) |
Supervise other nurses. |
|
|
|
|
c) |
Receive monetary compensation. |
|
|
|
|
6) |
A retired volunteer nurse
certified under this section
may practice only in
board-approved settings in
public agencies or
institutions or in nonprofit
agencies or institutions
meeting the requirements of
s. 501 (c)(3) of the
Internal Revenue Code, which
agencies or institutions are
located in areas of critical
nursing need as determined
by the board. Determination
of underserved areas shall
be made by the board after
consultation with the
Department of Health, the
Department of Children and
Family Services, the Agency
for Health Care
Administration, and the
Department of Elderly
Affairs; however, such
determination shall include,
but not be limited to,
health manpower shortage
areas designated by the
United States Department of
Health and Human Services.
The sponsoring agencies
desiring to use certified
retired volunteer nurses
shall submit to the board
verification of their status
under s. 501 (c)(3) of the
Internal Revenue Code, the
sites at which such
volunteer nurses would work,
the duties and scope of
practice intended for such
volunteer nurses, and the
training or skills
validation for such
volunteer nurses. |
|
|
|
|
7) |
The retired volunteer nurse
certificate shall be valid
for 2 years, and a
certificate holder may
reapply for a certificate so
long as the certificate
holder continues to meet the
eligibility requirements of
this section. Any
legislatively mandated
continuing education on
specific topics must be
completed by the certificate
holder prior to renewal;
otherwise, the provisions of
s. 464.013 do not apply. |
The Florida Nurse Practice Act does
not list every task nurses are
responsible for, but provides that
nurses at all levels are responsible
for making decisions based on their
educational preparation and
experience in nursing. So, the scope
of practice can vary from nurse to
nurse. The Board of Nursing takes
this variable scope of practice into
consideration in making their final
decisions in disciplinary
proceedings.
464.015 Titles and abbreviations;
restrictions; penalty (Florida
statutes, 2009).
|
1) |
Only persons who hold
licenses to practice
professional nursing in this
state or who are performing
nursing services pursuant to
the exception set forth in
s. 464.022(8) shall have the
right to use the title
"Registered Nurse" and the
abbreviation "R.N." |
|
|
|
|
2) |
Only persons who hold
licenses to practice as
licensed practical nurses in
this state or who are
performing practical nursing
services pursuant to the
exception set forth in s.
464.022(8) shall have the
right to use the title
"Licensed Practical Nurse"
and the abbreviation "L.P.N." |
|
|
|
|
3) |
Only persons who are
graduates of approved
programs or the equivalent
may use the term "Graduate
Nurse" and the abbreviation
"G.N.," pending the results
of the first licensure
examination for which they
are eligible. |
|
|
|
|
4) |
Only persons who are
graduates of approved
programs or the equivalent
may use the term "Graduate
Practical Nurse" and the
abbreviation "G.P.N.,
"pending the results of the
first licensure examination
for which they are eligible. |
|
|
|
|
5) |
Only persons who hold valid
certificates to practice as
advanced registered nurse
practitioners in this state
shall have the right to use
the title "Advanced
Registered Nurse
Practitioner" and the
abbreviation "A.R.N.P." |
|
|
|
|
6) |
No person shall practice or
advertise as, or assume the
title of, registered nurse,
licensed practical nurse, or
advanced registered nurse
practitioner or use the
abbreviation "R.N.,"
"L.P.N.," or "A.R.N.P." or
take any other action that
would lead the public to
believe that person was
certified as such or is
performing nursing services
pursuant to the exception
set forth in s. 464.022
unless that person is
licensed or certified to
practice as such. |
|
|
|
|
7) |
A violation of this section
is a misdemeanor of the
first degree, punishable as
provided in s. 775.082 or s.
775.083. |
464.016 Violations and penalties
(Florida statutes, 2009).
|
1) |
Each of the following acts
constitutes a felony of the
third degree, punishable as
provided in s. 775.082, s.
775.083, or S. 775.084: |
|
|
|
|
a) |
Practicing advanced or specialized,
professional or practical nursing,
as defined in this part, unless
holding an active license or
certificate to do so. |
|
|
|
|
b) |
Using or attempting to use a license
or certificate which has been
suspended or revoked. |
|
|
|
|
c) |
Knowingly employing unlicensed
persons in the practice of nursing. |
|
|
|
|
d) |
Obtaining or attempting to obtain a
license or certificate under this
part by misleading statements or
knowing misrepresentation. |
|
|
|
|
2) |
Punishable as provided in s.
775.082 or s. 775.083: |
|
|
|
|
a) |
Using the name or title "Nurse,"
"Registered Nurse," "Licensed
Practical. Each of the following
acts constitutes a misdemeanor of
the first degree Nurse," "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. |
|
|
|
|
b) |
Knowingly concealing information
relating to violations of this part.
Sexual misconduct in the practice of
nursing. --The nurse- patient
relationship is founded on mutual
trust. Sexual misconduct in the
practice of nursing means violation
of the nurse-patient relationship
through which the nurse uses said
relationship to induce or attempt to
induce the patient to engage, or to
engage or attempt to engage the
patient, in sexual activity outside
the scope of the practice or the
scope of generally accepted
examination or treatment of the
patient. Sexual misconduct in the
practice of nursing is prohibited. |
Patients are particularly vulnerable
to acts of sexual misconduct because
of the physical exposure, potential
for varied level of consciousness of
the patient and the expectation that
a caregiver can be trusted. Sexual
misconduct in the practice of
nursing may include inducement or
the attempted inducement of the
patient to engage in sexual activity
outside the scope of the practice or
sexual activity outside of the
generally accepted examination or
treatment of the patient.
464.018 Disciplinary actions
(Florida statutes, 2009).
|
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
contenders 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: |
|
|
|
|
i) |
A forcible felony as defined in
chapter 776. |
|
|
|
|
ii) |
A violation of chapter 812, relating
to theft, robbery, and related
crimes. |
|
|
|
|
iii) |
A violation of chapter 817, relating
to fraudulent practices. |
|
|
|
|
iv) |
A violation of chapter 800, relating
to lewdness and indecent exposure. |
|
|
|
|
v) |
A violation of chapter 784, relating
to assault, battery, and culpable
negligence. |
|
|
|
|
vi) |
A violation of chapter 827, relating
to child abuse. |
|
|
|
|
vii) |
A violation of chapter 415, relating
to protection from abuse, neglect,
and exploitation. |
|
|
|
|
viii) |
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 contenders or
guilty to, any offense prohibited
under s. 435.03 or under any 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, which shall
include, but not be limited to, any
departure from, or the failure to
conform to, the minimal standards of
acceptable and prevailing nursing
practice, in which case actual
injury need not be established. |
|
|
|
|
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 secretary or the
secretary'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/he 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 professional 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) |
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 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. |
|
|
|
|
3) |
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 |
|
|
|
|
4) |
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 or
probation or re-issuance of
a license. |
Inaccurate recording includes making
a false report, putting inaccurate
times on notes, signing off
medications as given before they are
given and omitting reports as
required by federal or state laws.
Accurate, legible, concise and
complete documentation is essential
in providing safe, high quality care
in the delivery of healthcare
services (Mikos, et. al., 2002).
Types of unprofessional conduct
stated in the Florida administrative
Code, Section 64B9-8.005 are the
following (Mikos, 2002):
|
1. |
Practicing beyond the scope
of the licensee's license,
educational preparation or
nursing experience. |
|
|
|
|
2. |
Failure to conform to the
minimal standards of
acceptable prevailing
nursing practice, regardless
of whether/he or not actual
injury to a patient was
sustained. |
|
|
|
|
3. |
Practicing registered
nursing or practical nursing
in the State of Florida
without a current license or
time limited permission by
the Board to be employed. |
|
|
|
|
4. |
Engaging in fraud,
misrepresentation, or deceit
in taking the licensing
examination. |
|
|
|
|
5. |
Impersonating any applicant
or acting as proxy for the
applicant in any examination
required for the issuance of
a license. |
|
|
|
|
6. |
Impersonating another
licensed practitioner, or
permitting another person to
use his certificate for the
purpose of nursing for
compensation. |
|
|
|
|
7. |
Aiding and abetting the
practice of registered
nursing or practical nursing
by any person not licensed
as a registered nurse or a
licensed practical nurse. |
|
|
|
|
8. |
Providing false or incorrect
information to the employer
regarding the status of the
status of the license. |
|
|
|
|
9. |
Violation of a Board order
entered in a licensure
proceeding. |
|
|
|
|
10. |
Failure of an ARNP
dispensing practitioner to
comply with the registration
and compliance requirements
of Rule 6409-4.011. |
|
|
|
|
11. |
Testing positive for any
drugs under Chapter 893 on
any pre-employment or
employer ordered drug screen
when the nurse does not have
a prescription and
legitimate medical reason
for using such drug. |
|
|
|
|
12. |
Submitting the attestation
of 24 hours of continuing
education and one hour
continuing education on
domestic violence for
licensure renewal under Rule
64B-3.013 when the licensee
has not attended or
completed all such hours in
the biennium. |
|
|
|
|
13. |
Discrimination on the basis
or race, creed, religion,
sex, age or national origin,
in the rendering of nursing
services as it relates to
human rights and dignity of
the individuals. |
|
|
|
|
14. |
Exercising influence on a
patient in such a manner as
to exploit the patient for
financial gain of the
licensee or a third party. |
|
|
|
|
15. |
Acts of negligence, gross
negligence, either/he by
omission or commission. |
|
|
|
|
16. |
Inaccurate recording. |
|
|
|
|
17. |
Leaving a nursing assignment
without advising licensed
nursing personnel. |
|
|
|
|
18. |
Violating the
confidentiality of
information or knowledge
concerning a patient. |
|
|
|
|
19. |
Misappropriating supplies,
and equipment. |
Complaints about a nurse can be
filed from many sources such as a
nurse's employer, regulatory
officials, a dissatisfied patient or
a family member. Nurses are advised
to attend at least one board meeting
to understand how the disciplinary
process works. The Department of
Health has the burden of proof in a
disciplinary case and any thing the
nurse says or writes can be used
against her/he. The following is a
flow chart of the process.
If a nurse receives a notice of a
licensure investigation she/he/he
should consult with an attorney who
is knowledgeable about the Florida
law governing healthcare
professionals. The nurse is notified
of the complaint in writing on a
complaint form that lists the
allegations and violations of the
Nurse Practice Act. Documentation
related to the accusations may or
may not be included. The nurse is
not obligated to speak or respond to
the investigator, but is encouraged
to cooperate with the investigator
and to communicate with the
investigator in writing.
If the board determines that a
violation of the Nurse Practice Act
has occurred, the notice to the
nurse should include an official
administrative complaint outlining
the alleged violation, probably a
proposed settlement, and an election
of rights form. The election of
rights form describes the hearing
rights available to the nurse.
The nurse can request an informal
hearing before the Board. Informal
hearings are limited to providing
only testimony to "mitigating
circumstances" about why the
violation occurred. The only hearing
option that allows the nurse to
"dispute" the alleged allegations is
in a formal hearing held before an
administrative law judge (Mikos, et.
al., 2002).
Penalties may include a reprimand,
fine, practice restrictions,
probation, suspension or revocation
of the license or a combination of
penalties.
|
|
|
|
1. |
Review the types of
Unprofessional Conduct
listed in this course. The
majority of discipline cases
reviewed by the board
involve some form of
unprofessional conduct. |
|
|
|
|
2. |
Attend at least one Florida
Board of Nursing meeting and
witness a disciplinary
action meeting. |
|
|
|
|
3. |
Understand the Florida Board
of Nursing stance on
abandonment (section
64B9-8.005(1) © of the
Florida Administrative
code). Abandonment is
considered unprofessional
conduct, which constitutes
grounds for denial of a
license or disciplinary
action. Abandonment
includes: |
|
|
|
|
a. |
Leaving a nursing assignment before
advising licensed nursing personnel. |
|
|
|
|
b. |
Withdrawal of services/care without
provision of qualified coverage. |
|
|
|
|
c. |
Failure to provide competent
intervention if patient's condition
changes. |
|
|
|
|
d. |
When working for an agency under
common law, the entity (agency)
usually assumes the duty not to
abandon the patient. |
|
|
|
|
e. |
In Florida, once a nurse accepts
responsibility for an assignment,
she/he cannot leave or cease care
until relief is available. Dire
emergencies can be evaluated by the
board on a case-by-case basis. If
the board does not consider the
emergency as a reason to abandon the
patient, disciplinary action can be
taken. |
|
|
|
|
4. |
A charge of unprofessional
conduct can result even if
there was no harm or injury
to the patient. |
|
|
|
|
5. |
A charge of negligence must
demonstrate that an injury
has occurred as a result of
a nursing error. |
|
|
|
|
6. |
When receiving verbal orders
from a physician over the
phone, make sure you repeat
the order to the doctor. It
is preferable to have a
second nurse listen in. Both
of you should then sign the
order. Remember to time date
and sign the orders. Verify
the physician's name and
print it correctly on the
orders. |
|
|
|
|
7. |
If a medication order seems
wrong, check with the
pharmacist and your
supervisor. The pharmacist
may call the doctor to
clarify the order if it is
unusual. If a nurse refuses
to give a medication, she/he
must let the physician and
her/he supervisor know. |
|
|
|
|
8. |
If you make a mistake when
charting, neatly cross out
the statement and write
error, date and sign above
the cross out. Never use
white out on an official
document. |
|
|
|
|
9. |
If entering a late note, you
must write "late note", date
and sign it. |
|
|
|
|
10. |
Do not write anything
referring to the completion
of an incident report in the
medical record. |
|
|
|
|
11. |
Maintain a patient's
confidentiality. |
Note: If a nurse changes her/he
address it is "the nurse's"
responsibility to notify the
Board of Nursing within 30 days
of the new address.
464.022 Exceptions. - No
provision of this part shall be
construed to prohibit (Florida
statutes, 2009):
|
1) |
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
non-institutionalized
persons by a surrogate
family. |
|
|
|
|
2) |
Assistance by anyone in the
case of an emergency. |
|
|
|
|
3) |
The practice of nursing by
students enrolled in
approved schools of nursing. |
|
|
|
|
4) |
The practice of nursing by
graduates of approved
programs or the equivalent,
pending the result of the
first licensing examination
for which they are eligible
following graduation,
provided they practice under
direct supervision of a
registered professional
nurse. The board shall by
rule define what constitutes
direct supervision. |
|
|
|
|
5) |
The rendering of services by
nursing assistants acting
under the direct supervision
of a registered professional
nurse. |
|
|
|
|
6) |
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. |
|
|
|
|
7) |
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. |
|
|
|
|
8) |
Any nurse currently licensed
in another state 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
and having submitted proper
application and fees to the
board for licensure prior to
employment. The board may
extend this time for
administrative purposes when
necessary. |
|
|
|
|
9) |
The rendering of nursing
services on a
fee-for-service basis, or
the reimbursement for
nursing services directly to
a nurse rendering such
services by any government
program, commercial
insurance company, hospital
or medical services plan, or
any other third-party payor. |
|
|
|
|
10) |
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. |
|
|
|
|
11) |
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. |
|
|
|
|
12) |
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. |
|
|
|
|
13) |
The practice of nursing by
individuals enrolled in
board- approved remedial
courses. |
Additional Florida laws impact
the nursing profession and
practice. Specific requirements
explaining patient's bill of
rights, confidentiality, etc.
can be found in both Florida and
Federal law. The patients bill
of rights states that patients
have the right to be informed;
the right to refuse any
treatment as long as they are
competent; the right to privacy;
and the right to minimal
standards of care (Mikos, et.
al., 2002).
This course has only reviewed
aspects of the nurse practice
act specific to Florida.
Practice laws differ from state
to state. However, the basic
tenets of law and nursing
responsibility that were taught
in nursing school apply
everywhere. Ignorance of the
rules and regulations is not a
defense!
Florida Statutes 2008, Title
XXXI1, Chapter 464. Retrieved
May 10, 2009 from
http://Flsenate.gov/Statutes/index.crm?App_mode=Display_Statutes
Florida Administrative Code,
Sections 64B9-14.001 to 12.003;
National Council of State Boards
of Nursing, Inc.
Florida Statutes Nursing 2008.
Retrieved May 4, 2009 from
http://Statutes & Constitution:
Search Statutes: Online
Sunshine.
Garcia, R. (2009) Changes to
456.0635, Florida Statutes,
Email from the executive
director of the Florida Board of
Nursing, 8/18/2009.
Mikos, C., Collins, S.,
McAuliffe, D., Money, P. (2002)
Florida Nursing Law: An Update.
Bert Rodgers Schools Continuing
Education Course.
Nursing Law Alerts, 2008.
Retrieved May 5, 2009 from
http://www.carsonco.net/page9/page9.html
Nursing Law Reports, 2008.
Retrieved May 7, 2009 from
http://www.carsonco.net/page9/page9.html |
