Rebecca Herder; The Notice of Petition for Declaratory Statement was published in Volume 43, No. 08, of the January 12, 2017, Florida Administrative Register. Petitioner seeks a Declaratory Statement from the Board with regard to whether it is ...

 

DEPARTMENT OF HEALTH

Board of Nursing

NOTICE IS HEREBY GIVEN that the Board of Nursing has issued an order disposing of the petition for declaratory statement filed by Rebecca Herder on January 9, 2017. The following is a summary of the agency's disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Volume 43, No. 8, of the January 12, 2017, Florida Administrative Register. Petitioner seeks a Declaratory Statement from the Board with regard to whether it is within her scope of practice as a registered nurse to administer ketamine (Ketalar) intravenously at sub-anesthetic dosing for analgesia given the parameters set out in her Petition. The Board’s Order, filed on March 10, 2017, dismissed the Petition stating that: (1) the Petition did not specify the statutory provision, rule or order that the Petitioner believes may apply to Petitioner’s circumstances, as required by Section 120.565, F.S., and Rule 28-105, F.A.C.; (2) Petitioner sets forth no evidence for the assertions presented in paragraphs 13, 14, and 15 of her Petition; and (3) The Petition appears to request rulemaking, rather than a request to resolve questions as to how statutes and rules apply to Petitioner’s circumstances.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Joe R. Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin C02, Tallahassee, Florida 32399; [e-mail].