The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 464
NURSING

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F.S. 464.003

464.003 Definitions.—As used in this part, the term:

(1) “Accredited program” means a program for the prelicensure education of professional or practical nurses that is conducted in the United States at an educational institution, whether in this state, another state, or the District of Columbia, and that is accredited by a specialized nursing accrediting agency that is nationally recognized by the United States Secretary of Education to accredit nursing education programs.

(2) “Advanced or specialized nursing practice” means, in addition to the practice of professional nursing, the performance of advanced-level nursing acts approved by the board which, by virtue of postbasic specialized education, training, and experience, are appropriately performed by an advanced practice registered nurse. Within the context of advanced or specialized nursing practice, the advanced practice registered nurse may perform acts of nursing diagnosis and nursing treatment of alterations of the health status. The advanced practice registered nurse may also perform acts of medical diagnosis and treatment, prescription, and operation as authorized within the framework of an established supervisory protocol. The department may, by rule, require that a copy of the protocol be filed with the department along with the notice required by s. 458.348.

(3) “Advanced practice registered nurse” means any person licensed in this state to practice professional nursing and who is licensed in an advanced nursing practice, including certified nurse midwives, certified nurse practitioners, certified registered nurse anesthetists, clinical nurse specialists, and psychiatric nurses.

(4) “Approved program” means a program for the prelicensure education of professional or practical nurses that is conducted in the state at an educational institution and that is approved under s. 464.019. The term includes such a program placed on probationary status.

(5) “Autonomous practice” means advanced nursing practice by an advanced practice registered nurse who is registered under s. 464.0123 and who is not subject to supervision by a physician or a supervisory protocol.

(6) “Board” means the Board of Nursing.

(7) “Clinical preceptor” means a registered nurse or licensed practical nurse who is employed by a clinical training facility to serve as a role model and clinical resource person for a specified period to students enrolled in an approved program.

(8) “Clinical simulation” means a strategy used to replicate clinical practice as closely as possible to teach theory, assessment, technology, pharmacology, and skills.

(9) “Clinical training” means direct nursing care experiences with patients or clients, or clinical simulation of such experiences, which offer the student the opportunity to integrate, apply, and refine specific skills and abilities based on theoretical concepts and scientific principles.

(10) “Community-based clinical experience” means activities consistent with the curriculum and involving individuals, families, and groups with the intent of promoting wellness, maintaining health, and preventing illness.

(11) “Curriculum” means a planned sequence of course offerings and learning experiences that comprise a nursing education program.

(12) “Department” means the Department of Health.

(13) “Educational institution” means a school, college, or university.

(14) “Graduate passage rate” means the percentage of a program’s graduates who, as first-time test takers, pass the National Council of State Boards of Nursing Licensing Examination during a calendar year, as calculated by the contract testing service of the National Council of State Boards of Nursing.

(15) “Licensed practical nurse” means any person licensed in this state or holding an active multistate license under s. 464.0095 to practice practical nursing.

(16) “Nursing diagnosis” means the observation and evaluation of physical or mental conditions, behaviors, signs and symptoms of illness, and reactions to treatment and the determination as to whether such conditions, signs, symptoms, and reactions represent a deviation from normal.

(17) “Nursing treatment” means the establishment and implementation of a nursing regimen for the care and comfort of individuals, the prevention of illness, and the education, restoration, and maintenance of health.

(18) “Practice of practical nursing” means the performance of selected acts, including the administration of treatments and medications, in the care of the ill, injured, or infirm; the promotion of wellness, maintenance of health, and prevention of illness of others under the direction of a registered nurse, a licensed physician, a licensed osteopathic physician, a licensed podiatric physician, or a licensed dentist; and the teaching of general principles of health and wellness to the public and to students other than nursing students. A practical nurse is responsible and accountable for making decisions that are based upon the individual’s educational preparation and experience in nursing.

(19) “Practice of professional nursing” means the performance of those acts requiring substantial specialized knowledge, judgment, and nursing skill based upon applied principles of psychological, biological, physical, and social sciences which shall include, but not be limited to:

(a) The observation, assessment, nursing diagnosis, planning, intervention, and evaluation of care; health teaching and counseling of the ill, injured, or infirm; and the promotion of wellness, maintenance of health, and prevention of illness of others.

(b) The administration of medications and treatments as prescribed or authorized by a duly licensed practitioner authorized by the laws of this state to prescribe such medications and treatments.

(c) The supervision and teaching of other personnel in the theory and performance of any of the acts described in this subsection.

A professional nurse is responsible and accountable for making decisions that are based upon the individual’s educational preparation and experience in nursing.

(20) “Probationary status” means the status of an approved program that is placed on such status pursuant to s. 464.019.

(21) “Registered nurse” means any person licensed in this state or holding an active multistate license under s. 464.0095 to practice professional nursing.

(22) “Required passage rate” means the graduate passage rate required for an approved program pursuant to s. 464.019(5)(a).

History.—ss. 1, 6, ch. 79-225; ss. 2, 3, ch. 81-318; ss. 3, 4, ch. 82-32; ss. 3, 17, 18, ch. 86-284; s. 18, ch. 88-392; s. 58, ch. 91-137; s. 5, ch. 91-156; s. 4, ch. 91-429; s. 121, ch. 94-218; s. 1, ch. 96-274; s. 76, ch. 97-264; s. 210, ch. 98-166; s. 121, ch. 2000-318; s. 1, ch. 2007-167; s. 82, ch. 2008-6; s. 1, ch. 2009-168; s. 2, ch. 2010-37; s. 1, ch. 2014-92; s. 3, ch. 2016-139; s. 11, ch. 2016-224; ss. 1, 55, ch. 2018-106; s. 22, ch. 2020-9.

F.S. 464.003 on Google Scholar

F.S. 464.003 on Casetext

Amendments to 464.003

Arrestable Offenses / Crimes under Fla. Stat. 464.003

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 464.003.

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. CADET, v. DEPARTMENT OF HEALTH,, 255 So. 3d 386 (Fla. App. Ct. 2018)

. . . . § 464.003(19), Fla. Stat. (2016). . . .

F. DEFILIPPO, M. D. v. H. CURTIN B. Co- J., 255 So. 3d 351 (Fla. App. Ct. 2018)

. . . The ARNP was permitted to perform these services pursuant to sections 464.003(2) and 464.012(3), Florida . . .

TWIGG, v. STATE, 254 So. 3d 464 (Fla. App. Ct. 2018)

. . . ." § 464.003(16), Fla. Stat. (2015) (emphasis added). . . . ." § 464.003(19) -(20), (22), Fla. Stat. (2015) (emphasis added). . . .

NAM DANG, BY AND THROUGH VINA DANG v. SHERIFF, SEMINOLE COUNTY FLORIDA, M. D. RN, RN, LPN,, 871 F.3d 1272 (11th Cir. 2017)

. . . . § 464.003(19). . . .

DANG, BY AND THROUGH DANG, v. SHERIFF, SEMINOLE COUNTY FLORIDA, M. D. RN, RN, LPN,, 856 F.3d 842 (11th Cir. 2017)

. . . . § 464.003(19). . . .

KENDALL, S. v. GENWORTH LIFE INSURANCE COMPANY,, 193 F. Supp. 3d 1290 (M.D. Fla. 2016)

. . . may be rendered, directly or indirectly, to and in behalf of a person by individuals as defined in s. 464.003 . . .

M. WHITE R. v. ADVANCED NEUROMODULATION SYSTEMS, INC. a R. N., 51 So. 3d 631 (Fla. Dist. Ct. App. 2011)

. . . observation[s]” and “assessment[s]” that require “specialized knowledge, judgment, and nursing skill,” see § 464.003 . . .

BAPTIST MEDICAL CENTER OF BEACHES, INC. v. RHODIN, 40 So. 3d 112 (Fla. Dist. Ct. App. 2010)

. . . . § 464.003(3)(a)l.-3., Fla. Stat. (2009); see § 464.003(3)(d)-(e), Fla. . . . note that the practice of professional nursing includes nursing diagnosis and treatment, see section § 464.003 . . . See § 464.003(3)(d). Because Dr. . . . requirement of section 766.102(5)(e) and the definition of “practice of professional nursing” in section 464.003 . . .

TARPON SPRINGS HOSPITAL FOUNDATION, INC. d b a A. R. N. P. C. N. M. v. ANDERSON J. a H. M. D. M. D. A. M. D. M. D., 34 So. 3d 742 (Fla. Dist. Ct. App. 2010)

. . . See § 464.003; Fla. Admin. Code R. 64B9-4.010. . . .

In AMENDMENTS TO THE FLORIDA EVIDENCE CODE, 960 So. 2d 762 (Fla. 2007)

. . . a)(5), the privilege now applies to “advanced registered nurse practitioners” as defined by section 464.003 . . .

SIEGEL, A. R. N. P. Co. v. S. HUSAK,, 943 So. 2d 209 (Fla. Dist. Ct. App. 2006)

. . . See §§ 464.003(4)-(6), Fla. Stat. (2003). . . . See § 464.003(3)(e), Fla. Stat. (2003). . . . by law, “[an] advanced registered nurse practitioner may perform acts of nursing diagnosis .... ” § 464.003 . . . Section 464.003(3)(e), Florida Statutes (2003), provides “[an] advanced registered nurse practitioner . . . "Nursing treatment” is defined in section 464.003(3)(e), Fla. Stat. (2003). . . . .

PEDIATRIC PAVILION, v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 883 So. 2d 927 (Fla. Dist. Ct. App. 2004)

. . . may be rendered, directly or indirectly, to and in behalf of a person by individuals as defined in s. 464.003 . . .

ORTIZ, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 882 So. 2d 402 (Fla. Dist. Ct. App. 2004)

. . . .” § 464.003(4), Fla. Stat. (2002). . . . .” § 464.003(6) (emphasis added). . . . 2002), provides: Establishment of standards by joint committee. — The joint committee created by s. 464.003 . . . The Legislature created the joint committee in section 464.003(3)(c), which provides the committee shall . . .

APOSTOLICO, v. ORLANDO REGIONAL HEALTH CARE SYSTEM, INC., 871 So. 2d 283 (Fla. Dist. Ct. App. 2004)

. . . See § 464.003(3)(e), Fla. . . . See id. . § 464.003(3)(a), Fla. . . . . § 464.003(3)(d) & (e), Fla. . . .

BEATTY, v. STATE, 606 So. 2d 453 (Fla. Dist. Ct. App. 1992)

. . . Section 464.003(3)(c), Fla.Stat. (1989) (governing the qualifications of nurse practitioners). . . .

FLORIDA ASSOCIATION OF NURSE ANESTHETISTS, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF DENTISTRY,, 500 So. 2d 324 (Fla. Dist. Ct. App. 1986)

. . . due respect to the outstanding qualifications of its members, appellant’s construction of sections 464.003 . . . Indeed, by their own terms, sections 464.003(3)(c) and 464.-012(4)(a) mandate the observation of the . . . Section 464.003(3)(c) provides in relevant part: Unless otherwise specified by the joint committee, such . . .

MITCHELL, d b a s v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 439 So. 2d 943 (Fla. Dist. Ct. App. 1983)

. . . Section 464.003 contains definitions of both the “practice of professional nursing,” and the “practice . . .