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Florida Dispensing Application

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Awards

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Recommendation Letter 2

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Florida Nurse Practice Act Laws and Rules

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Continuing Education Activity

The Florida Board of Nursing is a regulatory body that ensures individuals are qualified to practice nursing in the State of Florida in several vital ways; i.e., licenses, disciplines, educates, monitors, and rehabilitates. Nurses are held to a minimal standard to ensure safe, competent care delivered to all patients in a variety of healthcare settings. Failure to maintain this minimum practice standard will result in forfeiture of licensure and result in the inability to practice nursing in the state. The Nurse Practice Act, enacted by the Florida Legislature, provides a framework for providing safe, professional nursing care and offers a layer of protection to the individuals seeking such care. Board rules must follow the laws enacted by the legislature and adopted in the Nurse Practice Act. This activity helps nursing professionals to become familiar with the Florida state nursing practice act set forth by law.

Objectives:

Identify the function and key concepts of the Florida nursing practice act.

Describe the education requirements of the Florida nursing practice act.

Explain the importance of the nursing practice act in promoting patient safety.

Summarize how members of the interprofessional team may influence a nurse's proper compliance with the Florida nursing practice act.

Access free multiple choice questions on this topic.
Introduction

The Florida Board of Nursing is a regulatory body that ensures individuals are qualified to practice nursing in the State of Florida in several vital ways; i.e., licenses, disciplines, educates, monitors, and rehabilitates. Nurses are held to a minimal standard to ensure safe, competent care delivered to all patients in a variety of healthcare settings.[NCSBN.org, 2018] Failure to maintain this minimum practice standard will forfeit licensure and result in the inability to practice nursing in the state. The Nurse Practice Act, enacted by the Florida Legislature, provides a framework for providing safe, professional nursing care and offers a layer of protection to the individuals seeking such care.[Floridalegislature, 2018]

Nurse Practice Acts, enacted by all territories and states of the United States beginning over 100 years ago to protect the public, provide for established boards of nursing which have full authorization to create rules and regulations that ensure the laws are specific to the nursing profession and offer a sense of clarity. Board rules must follow the laws enacted by the legislature and adopted in the Nurse Practice Act of each state or territory. Rules and regulations promulgated by the board have the full effect of the law and are enforceable.[NCSBN.org, 2018] A nursing professional must be familiar with their state's specific nurse practice act set forth by law. Requirements change and a healthcare professional is responsible for knowing the current rule of law and cannot claim obtuseness if a problem arises. A misunderstanding or ignorance of the law does not erase responsibility and is not a plausible excuse.[1]

Function

The Nurse Practice Act of Florida includes Part I Nurse Practice Act (ss. 464.001-464.027)[Flsenate.gov, 2017] and Part 2 Certified Nursing Assistants (ss. 464.201-464.208). Section 464.002 ensures minimum requirements for safe practice are met, further stipulating that falling below minimum competency, or if present a danger to the public, are prohibited from practicing nursing in the State of Florida.[Flsenate.gov, 2017] Section 464.003 provides some legal definitions related to the nurse practice act and terminology used.[Floridalegislature, 2018]

Legal Definitions Reflected in the Nurse Practice Act Section 464.003

Board of Nursing Information as Reflected in the Nurse Practice Act Section 464.004

Licensure by Examination Information Reflected in the Nurse Practice Act Section 464.008

Licensure by Endorsement Information Reflected in the Nurse Practice Act Section 464.009

Nurse Licensure Compact Information Reflected in the Nurse Practice Act Section 464.0095

ARTICLE I FINDINGS AND DECLARATION OF PURPOSE

Public Health and safety affected by the degree of compliance and effectiveness of enforcement activities related to state nursing licensure laws. Violation of laws may result in public injury or harm.

Greater coordination and cooperation among states needed relating to nursing licensure and regulation (nurses are more mobile).

Technological advances (telenursing, online education) and new practice modalities make individual state nurse licensure laws complex and difficult to navigate.

Compact nursing allows for technological advances such as telenursing, distance education, and new practice modalities.[ncsbn.org, 2018]

Duplicative licensure is redundant for traveling nurses. Compact licensure decreases redundancy.

Uniformity in licensure amongst states promotes an environment of safety for the public. Safety and protection of the health of the public rest with the individual states.

Compact licensure encourages the cooperation of states in the area of regulation and licensure of nurses.

Facilitates the exchange of information among states; investigation, regulation, and adverse actions.

Each state has the authority to hold a nurse accountable for all individual state practice laws governed by the state where the patient or client is located at the time of service and care delivery.

Provides for uniform licensure requirements thus enhancing interstate practice opportunities.[leg.state.fL.us, 2018]

ARTICLE II DEFINITIONS

ARTICLE III GENERAL PROVISIONS AND JURISDICTION

ARTICLE IV APPLICATIONS FOR LICENSURE IN A PARTY STATE

The licensing board in the issuing party state through the coordinated licensure information system will determine if the person applying has ever held or currently holds a license issued by another state. Verification of any encumbrances identified or current participation in an alternative program.

A nurse may hold a multistate license, issued by the home state, in only one-party state at a time.

Change in primary residence by the applicant by moving from one-party state to another party state means the nurse must apply for licensure in the new home state. The multistate license issued prior to the home state shall be deactivated according to applicable rules.

A multistate license cannot be issued by the new home state until the nurse provides satisfactory proof of a change in their primary state of residence to the new home state. All requirements for licensure must be met by the new home state before the multistate license issued.

In the event, a nurse changes the primary state where they reside by relocating from a party state to a nonparty state, the multistate license by the home state issued before the move will convert to a single-state license valid only in the former home state.

A RTICLE V ADDITIONAL AUTHORITY VESTED IN PARTY STATE LICENSING BOARDS

A licensing board or state agency may take adverse action against a multistate licensure privilege to practice within that party state; i.e., issuing cease and desist orders, investigations, issuing subpoenas.

Only a home state has the authority to take adverse action against a nursing license issued by the home state. State laws of the home state will be applied to determine the appropriate action taken against the licensee.

The Licensing board or state agency will report the conclusions of investigations to the administrator of the coordinated licensure information system immediately. The administrator will notify the new home state of any action if the nurse has changed the primary state of residence.

The compact administrator of a party state provides all investigative documents and information upon request by another party state.[leg.state.fL.us, 2018]

If the adverse action was taken by a home state against a multistate license holder, the multistate licensure privilege to practice in all other party states deactivated until all encumbrances removed from the multistate license.

The compact does not override the party state's decision to participate in an alternative program instead of adverse action. The licensing board in the home state will deactivate the multistate licensure privilege under the multistate license during the licensee's participation in the alternative program.

ARTICLE VI COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE INFORMATION

All party states will participate in a coordinated license information system

Disciplinary action reported to the license information system by all party states

Licensure information reported to the license information system and shared under the compact between party state licensing boards

Adverse action reported immediately by all licensing boards

Personal identifying data obtained from the coordinated licensure information system by a party state licensure board can't be shared with nonparty states or disclosed to other individuals except to the extent permissible by the laws governing the party-state contributing the data.

Any data contributed to the coordinated licensure information system expunged by law by the party-state at a later date will be removed from the coordinated licensure information system.

ARTICLE VII ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS

ARTICLE VIII RULEMAKING

Rules or amendments adopted at a regular or special meeting of the commission

Before the adoption of a final rule, a notice will be placed on the commission's website at least sixty days before with information on the proposed rule unless in the event of an emergency

If anyone wants to dispute the rule they can comment written or orally

If no interested individual appears at the hearing, the commission can proceed with the adoption of the proposed rule

ARTICLE IX OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

Oversight by each party state

A state may be terminated from the compact if fails to correct a default

ARTICLE X EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT

The compact becomes valid and binding on the date of legislative enactment of the compact into law by no fewer than twenty-six states or on December 31, 2018

All party states to this compact which were parties to the prior Nurse Licensure Compact are deemed to have withdrawn from the previous compact within six months after the effective date of the new compact

Compact can be amended by party states

ARTICLE XI CONSTRUCTION AND SEVERABILITY

The compact provisions are severable if deemed unconstitutional in any party state or of the United States

Licensure of Advanced Practice Registered Nurses; Fees; Controlled Substance Prescribing Reflected in the Nurse Practice Act Section 464.012

Renewal of License or Certificate Reflected in the Nurse Practice Act Section 464.013

The Department of Health shall renew a license upon receipt of a renewal application and appropriate fee

The board by rule prescribes up to thirty hours of continuing education biennially as a condition for renewal of a license or certificate

A nurse who is certified by a health care specialty program accredited by the National Commission for Certifying Agencies or the Accreditation Board for Specialty Nursing Certification is exempt from continuing education requirements. The criteria for programs must be approved by the board

ARNPs certified under s. 464.012 must complete at least three hours of continuing education on the safe and effective prescription of controlled substances by a board-approved entity.

The board shall require each person licensed or certified under this chapter to complete a 2-hour continuing education course on human trafficking, as defined in s. 787.06(2). All licensees must complete this course for every biennial licensure renewal on or after January 1, 2019.[floridasnursing.gov, 2017]

Inactive Status Reflected in the Nurse Practice Act Section 464.014

Titles and Abbreviations; Restrictions; Penalty Reflected in the Nurse Practice Act Section 464.015

Only a person who holds a license in this state or a multistate license under s. 464.0095 to practice professional nursing or who performs nursing services under the exception set forth in s. 464.022(8) may use the title "Registered Nurse" and the abbreviation "R.N."[flsenate.gov, 2017]

Only a person who holds a license in this state or a multistate license according to s. 464.0095 to practice as a licensed practical nurse or who performs practical nursing services pursuant to the exception set forth in s. 464.022(8) may use the title "Licensed Practical Nurse" and the abbreviation "L.P.N."

Only persons who are graduates of prelicensure nursing education programs listed in s. 464.008(1)(c) may use the term "Graduate Nurse" and the abbreviation "G.N.," pending the results of the first licensure examination for which they are eligible.

Only persons who are graduates of prelicensure nursing education programs listed in s. 464.008(1)(c) 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.

Only persons who hold valid certificates to practice as clinical nurse specialists in this state may use the title "Clinical Nurse Specialist" and the abbreviation "C.N.S."

Only persons who hold valid certificates to practice as a certified registered nurse anesthetists in this state may use the title "Certified Registered Nurse Anesthetist" and the abbreviations "C.R.N.A." or "nurse anesthetist."

Only persons who hold valid certificates to practice as certified nurse-midwives in this state may use the title "Certified Nurse Midwife" and the abbreviations "C.N.M." or "nurse-midwife."

Only persons who hold valid certificates to practice as advanced registered nurse practitioners in this state may use the title "Advanced Registered Nurse Practitioner" and the abbreviation "A.R.N.P."

A person may not practice or advertise as or assume the title of, registered nurse, licensed practical nurse, clinical nurse specialist, certified registered nurse anesthetist, certified nurse-midwife, or advanced registered nurse practitioner or use the abbreviation "R.N.," "L.P.N.," "C.N.S.," "C.R.N.A.," "C.N.M.," or "A.R.N.P." or take any other action that would lead the public to believe that person was authorized by law to practice as such or is performing nursing services pursuant to the exception set forth in s. 464.022(8) unless that person is licensed, certified, or authorized under s. 464.0095 to practice as such.[flsenate.gov, 2018]

A violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Violations and Penalties Reflected in the Nurse Practice Act Section 464.016

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: Practicing advanced or specialized, professional, or practical nursing, as defined in this part, unless holding an active license or certificate to do so. Using or attempting to use a license or certificate which has been suspended or revoked. Knowingly employing unlicensed persons in the practice of nursing. Obtaining or attempting to obtain a license or certificate under this part by misleading statements or knowing misrepresentation.[flsenate.gov, 2017]

Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083: Using the name or title "Nurse," "Registered Nurse," "Licensed Practical Nurse," "Clinical Nurse Specialist," "Certified Registered Nurse Anesthetist," "Certified Nurse Midwife," "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. Knowingly concealing information relating to violations of this part.[flsenate.gov, 2018]

Sexual Misconduct in the Practice of Nursing Reflected in the Nurse Practice Act Section 464.017

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.[leg.state.fl.us, 2018]

Disciplinary Actions Reflected in the Nurse Practice Act Section 464.018

The following acts constitute grounds for denial of a license or disciplinary action, as specified in ss. 456.072(2) and 464.0095:

Approval of Nursing Education Programs Reflected in the Nurse Practice Act Section 464.019

Florida Center for Nursing; Goals Reflected in the Nurse Practice Act Section 464.0195

The Florida Center for Nursing established to address issues of supply and demand for nursing which includes retention, recruitment, and utilization of nurse workforce resources.

The Florida Center for Nursing's primary goal is to develop a strategic plan for the nursing workforce in the State of Florida.

The Florida Center for Nursing will assess the impact of the State of Florida's participation in the Nurse Licensure Compact under s. 464.0095.

The center will convene a variety of groups representative of nurses, health care providers in other professions, business, industry, educators, legislators, and consumers to review and comment on data prepared for the center. These groups will recommend systemic changes and strategies to implement, evaluate the effectiveness of the changes implemented, and report findings to the legislature and others.

The center may request from the board, and the board must provide to the center upon its request, any information held by the board regarding nurses licensed in this state or holding a multistate license under s. 464.0095 or information reported to the board by employers of such nurses, other than personal identifying information.[flsenate.gov, 2017]

Florida Center for Nursing; Board of Directors Reflected in the Nurse Practice Act Section 464.0196

The Florida Center for Nursing governed by a policy-setting board of directors.

The board must have sixteen members with a simple majority of the board being representative of diverse practice locations.

Four members recommended by the President of the Senate, one must be a registered nurse recommended by the Florida Organization of Nurse Executives, and one a representative of the hospital industry recommended by the Florida Hospital Association

Four members recommended by the Speaker of the House of Representatives, one must be a registered nurse recommended by the Florida Nurses Association, and one representative from the long-term care industry

Four members recommended by the Governor, two must be registered nurses

One nurse educator recommended by the Board of Governors who is a dean of a College of Nursing at a state university.[flsenate.gov, 2017]

Retired Volunteer Nurse Certificate Reflected in the Nurse Practice Act Section 464.0205

Exceptions Reflected in the Nurse Practice Act Section 464.022

No provision of this part shall be construed to prohibit:[flsenate.gov, 2017]

1. Assistance by anyone in the case of an emergency

2. The practice of nursing by individuals enrolled in remedial courses approved by the board.

3. 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.

4. 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.

5. The establishment of an independent practice by one or more nurses to render nursing services to patients within the scope of the nursing license.

6. This list not exhaustive and found in its entirety on the website for the Florida Legislature.[leg.state.fl.us, 2018]

Registered Nurse First Assistant Reflected in the Nurse Practice Act Section 464.027

Encourages the use of registered nurse first assistants who meet the qualifications as "assistants at surgery" by physicians and hospitals to provide quality, cost-effective surgical intervention to health care recipients of the State of Florida.

Perioperative nursing means a practice of nursing in which the nurse provides preoperative, intraoperative, and postoperative nursing care to surgical patients.

Each health care facility must establish specific procedures for the appointment and reappointment of a registered nurse first assistant staff member and for granting, revising, and renewing their clinical privileges.

A registered nurse first assistant must meet the qualifications set forth by the board:

1. Holds a registered nurse license

2. Certified in perioperative nursing

3. Successful completion of a registered nurse first assistant board-approved program and holds the certificate [flsenate.gov, 2017]

PART II of the Nurse Practice Act Certified Nursing Assistants (ss. 464.201-464.208)

Definitions Reflected in the Nurse Practice Act Section 464.201

Duties and Powers of the Board Reflected in the Nurse Practice Act Section 464.202

Certified Nursing Assistants; Certification Requirement Reflected in the Nurse Practice Act Section 464.203

The board shall issue a certificate to practice as a certified nursing assistant to any person who demonstrates a minimum competency to read and write and successfully passes the required background screening pursuant to s. 400.215. If the person has successfully passed the required background screening pursuant to s. 400.215 or s. 408.809 within 90 days before applying for a certificate to practice and the person's background screening results are not retained in the clearinghouse created under s. 435.12, the board shall waive the requirement that the applicant successfully passes an additional background screening pursuant to s. 400.215. The person must also meet additional requirements specified by the board.[flsenate.gov, 2018]

If an applicant fails to pass the nursing assistant competency examination in three attempts, the applicant is not eligible for reexamination unless the applicant completes an approved training program.

Certification as a nursing assistant, by this part, may be renewed until the nursing assistant allows twenty-four consecutive months to pass during which period the nursing assistant fails to perform any nursing-related services for monetary compensation. When a nursing assistant fails to deliver any nursing-related services for financial compensation for twenty-four consecutive months, the nursing assistant must complete a new training and competency evaluation program or a new competency evaluation program.

A certified nursing assistant shall maintain a current address with the board under s. 456.035.

A certified nursing assistant must complete twenty-four hours of in-service training during each biennium. The certified nursing assistant will maintain documentation demonstrating compliance with this subsection.[leg.state.fl.us, 2018]

The department shall renew a certificate upon receipt of the renewal application and imposition of a fee of not less than $20 and not more than $50 biennially. The department shall adopt rules establishing a procedure for the biennial renewal of certificates.

Denial, Suspension, or Revocation of Certification; Disciplinary Actions Reflected in the Nurse Practice Act Section 464.204

The following acts constitute grounds for which the board may impose disciplinary sanctions as specified in subsection (2):

1. Obtaining or attempting to get certification or an exemption, or possessing or trying to possess certification or a letter of exemption, by bribery, misrepresentation, deceit, or through an error of the board.

2. Intentionally violating any provision of this chapter, chapter 456, or the rules adopted by the board.

When the board finds any person guilty of any of the grounds outlined in subsection (1), it may enter an order imposing one or more of the following penalties:

1. Denial, suspension, or revocation of certification.

2. Imposition of an administrative fine not to exceed $150 for each count or separate offense.

3. Imposition of probation or restriction of certification, including conditions such as corrective actions as retraining or compliance with the department's impaired practitioner program operated by a consultant as described in s. 456.076.

The board may, upon the request of a certificate holder, exempt the certificate holder from disqualification of employment in accordance with chapter 435 and issue a letter of exemption. The board must notify an applicant seeking an exemption from disqualification from certification or employment of its decision to approve or deny the request within thirty days after the date the board receives all required documentation.[leg.state.fl.us, 2018]

Availability of Disciplinary Records and Proceedings Reflected in the Nurse Practice Act Section 464.205

Exemption from Liability Reflected in the Nurse Practice Act Section 464.206

Penalties Reflected in the Nurse Practice Act Section 464.207

Background Screening Information; Rulemaking Authority Reflected in the Nurse Practice Act Section 464.208

Issues of Concern

Another Florida Statute, Chapter 456, discusses general provisions of health professions and occupations and is an issue of concern. A healthcare professional must be aware of the laws outlined in this chapter of legislation. The Florida Legislature covers these laws in sections 456.001 to 456.50. Below, we will highlight some of these Florida Statutes underscored in Chapter 456. A comprehensive list and reference found on the Florida Senate website.[flsenate.gov, 2018]

456.001 Definitions

456.003 Legislative Intent And Requirements

456.004 Department Powers and Duties

456.008 Accountability and Liability of Board Members

456.012 Board Rules; Final Agency Action and Challenges

456.0135 General Background Screening Provisions

456.014 Public Inspection of Information Required From Applicants; Exceptions and Examination Hearing

456.017 Examinations

456.018 Penalty for Theft or Reproduction of an Examination

456.019 Restriction on Requirement of Citizenship

456.021 Qualification of Immigrants for Examination to Practice a Licensed Profession or Occupation

456.025 Fees, Receipts, and Disposition

Legislative intent dictates that all costs of regulating health care professions and practitioners shall be borne solely by licensees and licensure applicants. It is also the intent of the Legislature that fees should be reasonable and not serve as a barrier to licensure. Moreover, it is the Legislative intent that the department operates as efficiently as possible and regularly report to the Legislature additional methods to streamline operational costs.

456.026 Annual Report Concerning Finances, Administrative Complaints, Disciplinary Actions, and Recommendations

456.028 Consultation With Postsecondary Education Boards Before the Adoption of Changes to Training Requirements.

456.032 Hepatitis B or HIV Carriers

456.0361 Compliance with Continuing Education requirements

456.0495 Reporting Adverse Incidents Occurring in Planned Out-of-Hospital Births

For purposes of this section, the term "adverse incident" means an event over which a physician licensed under chapter 458 or chapter 459, a nurse-midwife certified under part I of chapter 464, or a midwife licensed under chapter 467 could exercise control and which associated with an attempted or completed planned out-of-hospital birth, and results in one or more of the following injuries or conditions:

1. A maternal death that occurs during delivery or within 42 days after delivery

2. The transfer of a maternal patient to a hospital intensive care unit

3. A maternal patient experiencing hemorrhagic shock or requiring a transfusion of more than four units of blood or blood products

4. A fetal or newborn death, including a stillbirth, associated with an obstetrical delivery

5. A transfer of a newborn to a neonatal intensive care unit due to a traumatic physical or neurological birth injury, including any degree of a brachial plexus injury

6. A transfer of a newborn to a neonatal intensive care unit within the first 72 hours after birth if the newborn remains in such unit for more than 72 hours or any other injury as determined by department rule

Beginning July 1, 2018, a physician licensed under chapter 458 or chapter 459, a nurse-midwife certified under part I of chapter 464, or a midwife licensed under chapter 467 who performs an attempted or completed planned out-of-hospital birth must report an adverse incident, along with a medical summary of events, to the department within 15 days after the adverse incident occurs.

456.057 Ownership and Control of Patient Records; Reports or Copies of Records to be Furnished and Disclosure of Information

Except as otherwise provided in this section and in s. 440.13(4)(c), such records may not be furnished to, and the medical condition of a patient may not get discussed with, any person other than the patient, the patient's legal representative, or other health care practitioners and providers involved in the patient's care or treatment, except upon written authorization from the patient. However, such records furnished without written permission under the following circumstances:

456.0575 Duty to Notify Patients

456.068 Toll-free Telephone Number for Reporting of Complaints

456.0721 Practitioners in Default on a Student L oan or Scholarship Obligations, Investigation, Reporting

456.38 Practitioner Registry for Disasters and Emergencies

Clinical Significance

As healthcare providers, we have certain ethical and legal obligations related to care delivery. Ethical dilemmas arise regarding palliative care, organ procurement, religious beliefs, cultural considerations, assisted suicide, informed consent, and the disclosure of medical conditions. The American Nurses Association (ANA) provides a Code of Ethics for Nurses with 9 provisions.[ANA, 2015] According to this 2015 Code of Ethics for Nurses with Interpretive Statements by the ANA, provision 1 addresses respect for human dignity, the nature of healthcare, the right to self-determination, and relationships with patients or colleagues. Provision 2 highlights collaboration, the primacy of the patient's interests, professional boundaries, and conflicts of interests for nurses.[2][3][4][5]

Provision 3 offers information on the protection of patient rights related to the critical issues; i.e., privacy and confidentiality, human participation in research, nursing while impaired, performance standards, acting on questionable practice, and professional responsibility in promoting a safety culture. Provision 4 discusses authority, responsibility, and accountability. Delegation and assignment of tasks fall under this provision. Clinical judgment and decision making are vital components of this provision. Provision 5 focuses on personal health promotion and well-being, integrity preservation, and continual professional growth.

Provision 6 explores environmental moral virtue and ethical obligations. Responsibility for the healthcare environment plays a role in this provision. Provision 7 profiles contributions through scholarly inquiry, research, professional practice standards and development, and policy development. Provision 8 examines health as a universal right and obligations to human rights in a variety of settings. Provision 9 looks at the integrity of the profession and integrating social injustice.

In 2017, a Gallup poll ranked nurses as the most trusted profession. This distinctive honor comes with a moral and ethical responsibility to practice within the laws and rules of the Nurse Practice Acts of one's state or territory. Often, aspects of the Code Of Ethics for Nurses provide a framework for nursing laws, codes, and rules. A nurse has a responsibility to know the essential elements of these laws as they relate to and guide safe nursing practice. The Florida Department of State's Administrative Code will further assist nurses in this knowledge.[6][7]

Other Issues

The Florida Department of State's Administrative Code, Register and Laws Section is the point rules put into effect get filed by state regulatory agencies. Agency rulemaking governed by Chapter 120, Florida Statutes, the Administrative Procedures Act. Regulations published in the Florida Administrative Code.[flrules.org, 2010] Florida Administrative Code Section 64B9 by the Florida Department of State provides information and laws governing certain essential elements of nursing licensure and professional conduct.[flrules.org, 2018]

64B9-2.021 Curriculum Guidelines

64B9-2.022 Clinical Training

64B9-3.002 Qualifications for Examination

An applicant seeking certification to take the licensure examination shall submit a completed Nursing Licensure by Examination Application demonstrating that he or she meets the qualifications prescribed by the Nurse Practice Act, Chapter 464, F.S.

Qualifications include a high school diploma or an equivalent of a high school diploma.

For graduates of an approved nursing program, a notice of graduation or completion of the requirements for graduation.

For graduates of programs in a country other than the United States, the applicant must obtain a report by a credentialing agency that meets the requirements of Rule 64B9-3.014, F.A.C.

If the individual applying is a graduate of a foreign prelicensure education program not taught in English, or if English is not the person applying's native language, successful completion of a board-approved test of proficiency of English as a foreign language is a requirement.[flrules.org, 2018]

64B9-3.008 Licensure by Endorsement

64B9-3.016 Multi-State License Upgrade

64B9-15.0045 Certified Nursing Assistant Renewal Fee

64B9-5.002 Continuing Education Requirement

Those persons licensed by examination within a biennium are exempt from the continuing education requirement for that biennium. This exemption should apply to a person who is licensed by endorsement during a biennium if such person was licensed in the original state of licensure by successful completion of an acceptable licensure examination during that biennium. A licensee who has endorsed into the State of Florida during a biennium or whose license was reactivated or reinstated during a biennium shall be required to accrue one (1) contact hour for each calendar month remaining in the biennium after licensure, reactivation, or reinstatement (however, no hours are required if the time remaining in the biennium is six months or less). This exemption or limitation shall only apply if the license is timely renewed at the end of the biennium, and does not apply if the license is suspended, revoked, or is (or becomes) inactive at the end of the biennium.

An RN who also holds a current license as an LPN may meet the continuing education requirement for renewal of both licenses by completing appropriate continuing education for an RN. An RN who also holds a current ARNP certificate may satisfy the continuing education requirement for both licenses by completing the proper continuing education for an RN or may satisfy up to fifty percent of the continuing education requirement by completing continuing medical education coursework equivalent to the contact hours required by these rules.

A nurse who is the spouse of a member of the Armed Forces and caused to be absent from Florida due to the spouse's official duties with the Armed Forces shall be exempt from continuing education requirements. The licensee must show proof in a satisfactory manner of the absence, and the spouse's military status.

The following continuing education courses are a mandatory part of the hours required in subsection (1), at the stated time periods:

1. A two-hour course in the prevention of medical errors each biennium

2. A one hour course in HIV/AIDS in the first biennium only

3. A two-hour course in Florida laws and rules each biennium

4. A two-hour course in recognizing impairment in the workplace every other biennium after that

5. For biennial renewal on or after January 1, 2019, a two-hour course on human trafficking, and each biennium after that

64B9-8.005 Unprofessional Conduct

Unprofessional conduct includes:

64B9-4.004 Requirements for Documentation

A Registered Nurse applying for initial certification as an Advanced Registered Nurse Practitioner shall submit with a completed application the following:

1. Acceptable proof to the Board of satisfactory completion of the educational program consisting of an official Registrar's copy of the applicant's transcript sent directly to the Board from the school, and that denotes successful completion of the formal post-basic program or awarding of the masters' degree in a clinical nursing specialty.

2. Also, a verification form prescribed by the Board submitted by the director of the advanced nursing program indicating successful completion with the official school seal is a requirement.

Advanced registered nurse practitioners licensed after July 1, 2006, and all certified registered nurse anesthetists, certified nurse midwives, and psychiatric nurses must supply documentation of national certification by a national nursing specialty board identified in subsection 64B9-4.002(2), F.A.C., or documentation of certification by a specialty board that meets the requirements set forth in subsection 64B9-4.002(3), F.A.C., by submitting one of the following:

1. A copy of the recertification or original specialty board certificate

2. Such other documentary proof which evidences certification by an appropriate specialty board, or verification from the specialty association of certification.[flrules.org, 2018]

64B9-8.003 Citations

64B9-15.008 Testing and Competency Evaluation

64B9-15.0097 Notice of Non-Compliance - Minor Violations

The Board designates the following as minor violations for which a Notice of Non-Compliance may be issued for the first violation thereof:

1. Failure to notify the Department of an address change for more than sixty days, in violation of Section 464.203(6), F.S., provided the failure does not constitute a failure to comply with an order of the Board.

2. False, deceptive or misleading use of a certified nursing assistant title, in violation of Section 456.072(1)(a), F.S., provided no criminal prosecution resulted and no practice issue was involved.

64B9-4.0025 Provisional Certification

64B9-15.0096 Mediation

The Board finds that mediation is an acceptable resolution for the first instance of the following violations:

1. Issuance of a worthless bank check to the Department or the Board for initial licensure or renewal of a license provided the licensee does not practice on a delinquent license.

2. Failure to report a change of address for more than thirty days but less than sixty days, in violation of Section 464.203(6), F.S., provided the failure does not constitute a failure to comply with a directive from the Board.[flrules.org, 2018]

64B9-15.0095 Citation for Certified Nursing Assistants

Enhancing Healthcare Team Outcomes

Laws are dynamic, amended and enacted as the legislative need arises. A healthcare provider must be versed in current practice standards and rules outlined in their states Nurse Practice Act. A scope of practice defined, and a framework set for the delegation of duties and safe patient care environments. Professional ethics and legislation a guide in the murky waters of the current healthcare setting of multiple comorbidities, polypharmacy, and the opioid crisis.[8]

References

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Florida Nurse Practice Act Laws and Rules

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The Florida Board of Nursing is a regulatory body that ensures individuals are qualified to practice nursing in the State of Florida in several vital ways; i.e., licenses, disciplines, educates, monitors, and rehabilitates.

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Salary & Benefits

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Sample Employment Contract

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NPI Info & Application

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FL Board of Nursing Application

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Malpractice Insurance Quote and Application

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DEA Application

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Resume

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Recommendation 1

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Acemapp Clinical Hours

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FNP 101

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FAMILY NURSE PRACTITIONER | Everything You Need to Know About Being a FNP