Important Message Concerning Florida Medical Association Challenge to Board of Nursing Rule on Conscious Sedation

Dear Colleague:

I am writing to inform you of a legal challenge recently filed by the Florida Medical Association (FMA), and two other physician groups to the Board of Nursing’s proposed rule on the administration of conscious sedation by RNs.  FANA has intervened in the rule challenge in support of the Board of Nursing.  The rule sets guidelines for the administration of conscious sedation by RNs, and generally prohibits the administration of propofol by RNs except in certain critical care settings to mechanically ventilated patients, and in certain life threatening emergency situations.

The central theme of the FMA rule challenge is that the Board of Nursing has no authority to establish professional guidelines for the administration of conscious sedation by registered nurses.  The physician groups argue that the proposed rule is in direct conflict with Section 464.003(2), Florida Statutes, which allows nurses to administer medications and treatments authorized by a duly authorized practitioner such as a physician.  According to the FMA, the Board of Nursing cannot adopt a rule that would prohibit a nurse from administering any medication that is ordered by a physician. In essence, the physician groups are arguing that individual physicians, and not the Board of Nursing, should determine what functions an RN is competent and legally able to perform.

Although the rule at issue involves conscious sedation, the main legal argument of the physician groups is that the Board of Nursing does not have legal authority to define what constitutes unprofessional conduct of a nurse.  This argument could be used to attack virtually any Board of Nursing rule concerning the scope of practice of nurses. Simply put:  the outcome of this rule challenge case could affect the ability of the Board of Nursing to regulate the practice of nursing in the future. That is why the FANA Board of Directors unanimously voted to intervene in the case in support of the rule. FANA is also urging other nursing organizations to intervene or to provide support for those nursing groups that do intervene.

The FMA rule challenge has been referred to an Administrative Law Judge at the Florida Division of Administrative Hearings.  A formal administrative hearing on the FMA rule challenge has been scheduled for June 26, 2012.

I wanted you to be aware of this rule challenge, and the actions that FANA has taken on behalf of its members.  More information about the case will be made available at the member’s only section of the FANA website.  I encourage you to check the FANA website often to keep up with this case. 

Sincerely,

Kathleen Thibeault
FANA President
Co-Chair, Florida Coalition for Advanced Practice Nurses