Hannah Hughes and Shannon Harrington; The Notice of Petition for Declaratory Statement was published in Volume 41, No. 228, of the November 24, 2015 Florida Administrative Register. Petitioners sought a Declaratory Statement from the Board with ...

 

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 Hannah Hughes and Shannon Harrington on November 16, 2015. The following is a summary of the agency’s disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Volume 41, No. 228, of the November 24, 2015 Florida Administrative Register. Petitioners sought a Declaratory Statement from the Board with regard to whether the Petitioners as faculty members of Strayer University require Florida registered nurse licensure and are subject to the regulations of Rules 64B9-2.005 and/or 64B9-2.011(6)(c), F.A.C., given they are educators in a post-licensure RN and BSN program based outside of Florida that provides online-only instruction to Florida residents. The Board’s Order, filed on May 5, 2016, dismissed the petition because it is not in substantial compliance with the provisions of Section 120.565, Florida Statues, and Rule 28-105 Florida Administrative Code. The petition requests a declaratory statement concerning rules that were repealed six years ago, and cites no statute or rule that addresses the unlicensed practice of nursing in Florida.

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].