Advice for Nurses Regarding Department of Health Investigations
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We see and hear about a lot of incorrect legal advice being given to nurses regarding what they should do if they are being investigated. The incorrect advice being given even includes mailings they may have received containing […]
Crack Down on Unlicensed Practice of Nursing by Florida Department of Health
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida in Health Law The Florida Department of Health (DOH) recently made a presentation regarding its increased investigation and prosecution of the unlicensed practice of nursing and other health professions. More resources and more investigators are being assigned to this duty. The Department […]
Join Us for Florida Laws and the Nurse: New Licensure Requirement
Join Joanne Kenna nurse attorney with The Health Law Firm and the Greater Orlando Chapter of the American Association of Legal Nurse Consultants for: FLORIDA LAWS AND THE NURSE – NEW LICENSURE REQUIREMENT: Keep Your Patients Safe and Protect Your Nursing License PROGRAM OBJECTIVES The purpose of this is course is to provide nurses with […]
Your Professional Nursing License May Be Your Most Valuable Asset; Insure It!
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Suppose you had an item that you really wanted but was very expensive. Suppose this item cost you $80,000. Perhaps you took out a loan in order to pay for the item. Suppose in addition to paying $80,000 […]
How Can I Tell Whether or Not My Attorney Knows Anything about Florida Board of Nursing or Disciplinary Cases?
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Hiring an attorney can be intimidating and costly. However, hiring representation for a Florida Board of Nursing or disciplinary case is an investment in your future and career. An experienced attorney is indispensable for preparing and defending your […]
Learn How to Protect Your Nursing License
Traveling Nurses Must Have Appropriate Professional Liability Insurance
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are often asked what we consider to be the biggest problem that a nurse has in defending herself in a complaint against her license. In our opinion, it is not having the financial resources to retain the […]
Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as nurses, advance registered nurse practitioners (ARNPs), certified registered nurse practitioners (CRNPs) and nurse midwives (NMs) has received Nurses Service Organization (NSO) insurance, has had a legal […]
Nursing Liability and Nursing Malpractice – Part 2
By 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 […]
The Collateral Effects of Discipline on Your Nursing License
By 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 […]
What Happens at a Board of Nursing Meeting?
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 […]
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 […]
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 […]
Florida HB 0653 Signed Into Law; Effective 2/1/2012
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Legislature unanimously passed HB 653 which relaxes some of the draconian exclusions enacted under SB 1986, which went into effect on July 1, 2009. SB 1986, which added provisions to Chapter 456, Florida Statutes, among others, prevented […]
Nurse: Please, Please, Please: Talk to an Attorney Before You Talk to an Investigator
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to physicians, nurses, dentists, pharmacists, and psychologists throughout Florida, we continue to receive calls from new clients […]
Appealing Final Orders and Emergency Suspension Orders (ESOs)
By 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 […]
Preparing for an Informal Hearing Before the Board of Nursing
by George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law If you are scheduled to appear for an informal hearing before the Florida Board of Nursing, there are a number of facts that you will want to know in order to be properly prepared. This article will cover […]
Florida Board of Nursing Formal Administrative Hearings and Administrative Complaints
Formal administrative hearings are one of the options provided to a person who has significant interests that will be affected by agency action and who contests the material facts involved in the case. In the practice of nursing, we are usually discussing a hearing involving the professional license of the nurse. In many cases this […]
The American Nurses Association Breathes New Life Into The Nursing Code of Ethics For 2015
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On a daily basis, the average nurse uses knowledge, training and ethical standards to make vital decisions regarding patient health. Nurses are required to quickly process simple and complex emergency situations, which leaves little room for second guessing. […]
Florida Bill to Expand Authority of Nurses Flatlines During 2014 Legislative Session
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The 2014 Legislative Session ended May 2, 2014, with the death of an omnibus health bill. House Bill 7113 would have provided provisions to expand the power of nurse practitioners to work independently of physicians’ oversight. This extension […]
At Board of Nursing Hearing, Each Aggravating Factor Must be Supported by “Competent Substantial Evidence” or Discipline Is reversible on Appeal
The foregoing case summary was prepared by Mary F. Smallwood, Esquire, of The Administrative Law Section of The Florida Bar. The Department of Health, Board of Nursing (“Board”) filed charges against Fernandez for administering medication to a person who was not his patient. The facts demonstrated that Fernandez had visited a friend in the hospital […]
Nurses: Contact The Health Law Firm for Representation in Last Minute Depositions and Hearings
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often receive calls from health professionals, including registered nurses (RNs), advanced registered nurse practitioners (ARNPs), certified registered nurse anesthetists (CRNAs), licensed practical nurses (LPNs), nurse midwives and nurse practitioners regarding the possibility of representing them on short […]
Nurses, No More Excuses: Get a Personal Professional Liability Insurance Policy Now-Part 1
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law To protect yourself from automobile accidents, you carry auto liability insurance. To protect your home from fire, storms and other accidents, you carry homeowners’ insurance. However, I have noticed many nurses fail to carry any insurance to protect […]
Appealing Final Orders and Emergency Suspension Orders (ESOs) from the Florida Board of Nursing
By 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 […]
Terrible Things That Can Happen after Discipline on Your Nursing License or Resignation of a Nursing License after Notice of Investigation
[fusion_builder_container hundred_percent=”no” equal_height_columns=”no” menu_anchor=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” id=”” background_color=”” background_image=”” background_position=”center center” background_repeat=”no-repeat” fade=”no” background_parallax=”none” parallax_speed=”0.3″ video_mp4=”” video_webm=”” video_ogv=”” video_url=”” video_aspect_ratio=”16:9″ video_loop=”yes” video_mute=”yes” overlay_color=”” video_preview_image=”” border_size=”” border_color=”” border_style=”solid” padding_top=”” padding_bottom=”” padding_left=”” padding_right=””][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” border_position=”all” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” […]
Kudos to Wyoming State Board of Nursing for its Accurate Information on its Website for Nurses
[fusion_builder_container hundred_percent=”no” equal_height_columns=”no” menu_anchor=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” id=”” background_color=”” background_image=”” background_position=”center center” background_repeat=”no-repeat” fade=”no” background_parallax=”none” parallax_speed=”0.3″ video_mp4=”” video_webm=”” video_ogv=”” video_url=”” video_aspect_ratio=”16:9″ video_loop=”yes” video_mute=”yes” overlay_color=”” video_preview_image=”” border_size=”” border_color=”” border_style=”solid” padding_top=”” padding_bottom=”” padding_left=”” padding_right=””][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” border_position=”all” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” […]
Nursing Liability and Nursing Malpractice – Part 1
[fusion_builder_container hundred_percent=”no” equal_height_columns=”no” menu_anchor=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” id=”” background_color=”” background_image=”” background_position=”center center” background_repeat=”no-repeat” fade=”no” background_parallax=”none” parallax_speed=”0.3″ video_mp4=”” video_webm=”” video_ogv=”” video_url=”” video_aspect_ratio=”16:9″ video_loop=”yes” video_mute=”yes” overlay_color=”” video_preview_image=”” border_size=”” border_color=”” border_style=”solid” padding_top=”” padding_bottom=”” padding_left=”” padding_right=””][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” border_position=”all” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” […]
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 […]
Nurse: Please Talk to an Attorney Before You Talk to an Investigator
By Lance Leider, J.D. In Florida, You DO NOT Have to Speak to an Investigator! Despite mailing out hundreds of thousands of postcards and letters to nurses throughout Florida, we continue to receive calls from new clients and from potential clients, after they have already spoken to and made critical harmful admissions against their own […]
Please, Please, Please Do NOT Talk to the Department of Health (DOH) Investigator
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Massage therapists, I beseech you: please do not talk to a Department of Health (DOH) investigator until you have talked to a health lawyer who is experienced with DOH investigations and board licensing complaints. Do not answer or respond […]