Tampa Nursing License Defense Attorney
Lauren A. Leikam, Florida Nursing License Defense Lawyer, helps Florida nurses like you in Tampa and all of Florida protect your license, your reputation, and your job.
Take control of your defense. Protect your medical license with Lauren A. Leikam.
Is your nursing license being threatened by an allegation of misconduct? Have you been subjected to a nursing license disciplinary action?
You may need a nursing license defense attorney.
Is your nursing license at risk due to allegations of misconduct? Have you been subjected to disciplinary action by the Florida Department of Health or the Florida Board of Nursing? If so, it is crucial to seek immediate assistance from a skilled nursing license defense lawyer in Tampa, Florida.
The licensing board’s primary responsibility is to safeguard the public rather than protect licenses. They’ll actively gather evidence to support the complaint against you. They won’t wait to start prosecuting you, so you shouldn’t wait to start defending yourself.
Don’t try to navigate the complex legal process alone. By hiring a Florida nurse license defense lawyer, you can have an experienced professional by your side who understands the intricacies of the laws and regulations governing nursing licenses in Florida.
What happens when someone files a complaint against a nursing license?
You’ll receive a FL DOH Letter of Investigation, which sets response deadlines for critical steps in your nursing license defense. When you receive that letter, consulting with a Florida nurse lawyer like Lauren A. Leikam, PLLC, is vital to responding effectively and navigating the process through the Investigative File, a second formal rebuttal, a pivotal Probable Cause Panel phase, and possibly an Administrative Complaint, which is a matter of public record.
For a full explanation of the entire process, including what happens after the Administrative Complaint and why it’s crucial to have legal counsel, visit the FL DOH’s investigative and administrative complaint processes page.
Protect your professional license and secure your future with the guidance of a skilled nursing license defense attorney like Lauren A. Leikam, PLLC.
TYPES OF FLORIDA NURSING LICENSE DEFENSE DISCIPLINARY ACTIONS
Drug Diversion
- Penalty: An emergency suspension or restriction order from the Department of Health, and at minimum, a referral to the Intervention Project for Nurses.
This can include allegations of Pyxis or AcuDose errors, failure to properly dispose of medication, withdrawing medication for a discharged or deceased patient, or stealing from an employer or patient, especially controlled substances.
Positive Drug Tests
- Penalty: Automatic referral to the Intervention Project for Nurses and possibly an emergency suspension or restriction order.
People often associate drug test violations with illegal substances. However, you can face penalties if you test positive for any drug defined in Section 112.0455 of the Florida Statutes, governed by the Drug Free Workplace Act, without a valid prescription, including marijuana, even though it’s legal in some states.
Failure to Report a Plea or Conviction Within 30 Days
- Penalty: Fines, a reprimand, and suspension followed by probation. Repeat offenses can result in revocation.
If you are found guilty or enter a plea of guilty or nolo contendere to a crime in any jurisdiction, regardless of adjudication, you must report the event in writing to the Florida Board of Nursing (or the FL DOH if there is no board) within 30 days.
Failure-to-report issues are usually tacked onto a crime related to the practice of nursing or other violations of the Nurse Practice Act.
Failure to Meet the Standard of Care
- Penalty: Reprimands, fines, continuing education to probation or suspension up to revocation for second offenses.
It can happen at any time — you’re accused of failing to meet the standard of care in the performance of your duties. It’s one of the most common complaints against nurses. It can include a variety of allegations, such as failure to appropriately respond to a patient’s change in status.
These complaints are reviewed by a nurse expert at the FL DOH. As a nursing license defense lawyer, Lauren A. Leikam, PLLC, can also have your case reviewed by an expert — someone who understands nursing duties and can help you tell your side of the story.
Impairment by Substance Abuse or Mental Health
- Penalty: Emergency Suspension or Restriction Orders and a referral to the Intervention Project for Nurses.
Impairment means being unable to practice nursing with reasonable skill and safety. Reasons for impairment aren’t limited to the use of alcohol, drugs, narcotics, chemicals, or any other material. A nurse’s co-workers, employers, or patients can also make allegations based on a mental or physical condition, drug diversion, or positive drug tests.
Being Dismissed from the Intervention Project for Nurses
- Penalty: Fines and suspension to revocation.
Whether you’re referred to the program, or you enter it on your own, being terminated from the Intervention Project for Nurses without good cause is a violation of the Nurse Practice Act.
Note: Being unable to afford the Intervention Project for Nurses isn’t considered “good cause.” So make sure you understand all the costs and obligations beforehand.
Unprofessional Conduct
- Penalty: Various based on the type and seriousness of the violation.
Unprofessional conduct encompasses a wide range of behaviors. It can include, but isn’t limited to: inaccurate recording, stealing, falsifying records, violating confidentiality, using force, or even engaging in language that can be considered foul, abusive, or threatening.
In Florida, some infractions are worse than others, which is why the range of possible penalties is too vast to summarize.
Out-of-State Discipline
- Penalty: Usually the same as the state that imposed the original disciplinary action.
If you work in multiple areas and commit an infraction in one jurisdiction that’s also a violation in Florida, the Florida Board of Pharmacy will usually impose the same discipline that’s levied by the jurisdiction where the violation took place.
Drug Diversion
- Penalty: A referral to the PRN and suspension until you demonstrate the ability to practice with reasonable skill and safety. Other penalties include license revocation and criminal charges for theft.
Compounding, dispensing, or distributing a legend drug — including any controlled substance — other than in the course of the professional practice of pharmacy is a violation. This can occur when a pharmacist takes a drug from their employer for their own personal use without a prescription.
Failing to Report A Conviction within 30 Days
- Penalty: A range from fines to revocation for second offenses.
If you work in multiple areas, an adverse action in one jurisdiction is likely to impact your ability to work in other places as well. For example, if you have your license suspended or revoked — or if you’re denied licensure — in one jurisdiction, the Florida Board of Nursing will usually follow suit.
Crimes Related to the Practice of Nursing
- Penalty: A range of penalties, up to and including license revocation.
The list of crimes related to the practice of nursing isn’t restricted to things you do when you’re on the clock. It can include anything in your personal life that the Board of Nursing sees as related to your job — like theft, battery, or a DUI in certain circumstances.
Remember: Your reputation has been called into question. Your livelihood is at risk. Your family is counting on you. And your future is riding on what you do right now.
So don’t go it alone.
Protect everything you’ve worked for with Lauren A. Leikam, PLLC.
About Lauren A. Leikam, PLLC: Medical License Defense Attorney
Ensuring the protection of your professional license is paramount, and having a dedicated legal advocate by your side is essential. My area of expertise lies in medical license defense for doctors, where I offer comprehensive support to uphold your professional standing.
I’ve represented numerous Florida medical professionals for over a decade. I can help you understand your rights and options. And I’ll be ready to be on your side before you even take step one.
Let’s talk. Schedule a complimentary consultation today.
