Are you being investigated as a nurse for wrongly delegating duties?
Have you received an administrative complaint against your nursing license for delegating or contracting out performance of your professional duties to someone not qualified to perform those duties? If you have, it is very important that you contact an experienced health care attorney to go over the charges. These charges are serious and can have a negative impact on your license and your ability to practice nursing in Florida.
The law says that you could face disciplinary action against your license if you delegate any of your duties out to another person, whom you know or have reason to know, is not qualified to perform those duties. The Florida law on point here is Florida Statute 456.072(1)(p). That statutes says the following:
(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:
(p) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of the responsibilities knows, or has reason to know, the person is not qualified by training, experience, and authorization when required to perform them.
Important to note here is that you need to have knowledge or reason to know that the person you are delegating or contracting your nursing duties to is not qualified to perform those duties. You can become qualified by training, experience, and authorization. Without being qualified, it is a violation of this statue to delegate your nursing duties to that person and could lead to an administrative action being taken against your license by the Board of Nursing. If you have had complaints made against your license for violation of this statute, you should contact an experienced health care attorney immediately to go over your options. There can be severe repercussions for you if you wait.
There are a range of actions that can be taken against you should the board of nursing decide to take disciplinary action against you. The penalties you could face are found in the Disciplinary Guidelines for the Board of Nursing, particularly in Rule 64B9-8.006 in the Florida Administrative Code. The rule states the following for disciplinary guidelines for violation of the statute:
|FIRST OFFENSE:||$250 fine and probation||Revocation|
The minimum penalty under the guidelines is that you will face a $250 fine and be placed on probation. Unlike other statutes where the guidelines call for two different offenses, the guidelines for this statute only allow for a first offense. It is possible you could face having your nursing license revoked for violating this statute the first time. This is very serious. You should also be aware that these are guidelines that the board should follow in handing out discipline, but are not set in stone, and can be accompanied by other penalties or deviated from. These penalties can be found in Florida Statute 456.072(2), which you should review with your health care attorney.
The board hearing your case can take into account various factors that could affect the discipline you receive. These factors are called aggravating and mitigating circumstances. Aggravating circumstances are factors that can hurt your case. If aggravating circumstances are proven you could face harsher penalties. Mitigating circumstances are factors that can help your case. If mitigating circumstances are proven you could face lesser penalties. These factors can also be found in rule 64B9-8.006(5)(b) in the Florida Administrative Code. If either side can prove with clear and convincing evidence the aggravating or mitigating circumstances, the discipline you face could be altered by the board. Here are the factors:
(b) Circumstances which may be considered for purposes of mitigation or aggravation of penalty shall include, but are not limited to, the following:
- The danger to the public.
- Previous disciplinary action against the licensee in this or any other jurisdiction.
- The length of time the licensee has practiced.
- The actual damage, physical or otherwise, caused by the violation.
- The deterrent effect of the penalty imposed.
- Any efforts at rehabilitation.
- Attempts by the licensee to correct or stop violations, or refusal by the licensee to correct or stop violations.
- Cost of treatment.
- Financial hardship.
- Cost of disciplinary proceedings.
The board can take into account any of these factors, or other factors, in your hearing. The board can deviate from the standard disciplinary guidelines if they find that any of these aggravating or mitigating circumstances exist. These are very important factors that you should discuss with your health care attorney.
If you are a licensed health care professional in Florida and have received an administrative complaint for violation of the statutes, you are probably concerned about how this may affect your license. To set up a FREE no obligation consultation with Jeff Howell contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776. We represent licensed health care professionals and facilities statewide, including out of state clients who are concerned about the status of their Florida license.