In connection with a Board of Nursing investigation, the Firm successfully defended a foreign doctor licensed as a Florida RN accused of practicing outside the scope of his nursing license. The Board of Nursing’s complaint alleged that the client was misrepresenting himself as a doctor and functioning as a medical doctor at a clinic and in the operating room. However, the clinic’s advertising and informed consents were clear that although the client was licensed a doctor in another country, he was working in Florida solely in his capacity as a licensed RN  under the direction and supervision of a medical doctor. The Firm assisted the client in responding to the Board of Nursing investigation, including providing evidence that the clinic’s patient consent forms stated “I understand and acknowledge that [the RN] is not a Florida-licensed medical doctor,” among other disclosures and witness statements clarifying the client’s licensure status and scope of practice.

The Board of Nursing’s Probable Cause Panel considered the Firm’s rebuttal of the allegations and found no probable cause of a violation of the Nurse Practice Act and directed the case against the client to be closed. This finding and case closure resulted in the allegations against the client remaining confidential and exempt from disclosure under Florida public records law.

The attorneys of Nicholson & Eastin routinely represent nurses, physicians, and other licensed healthcare providers before the Florida Department of Health, Florida Board of Medicine, Florida Board of Nursing, and various other professional licensing boards. If you are accused of violating the Nurse Practice Act, are facing a Florida nursing license discipline matter, have received notice of a Florida Department of Health investigation against you, or have questions about a potential RN license discipline case before the Florida Board of Nursing, please do not hesitate to contact us to evaluate your case.