The Florida Board of Nursing released a new declaratory statement regarding aesthetic injections, which has garnered attention from registered nurses (RNs) nationwide. Florida has had ambiguous rules for several years regarding whether RNs may inject Botox and fillers. Luckily, new guidance suggests that the Florida Board of Nursing is more open to allowing RNs to perform aesthetic injections than it used to be. This shift in the Board’s opinion on RNs performing aesthetic injections will hopefully make it easier for med spas to offer these popular services to their patients.
In this blog post, we will delve into the details of the declaratory statement, its implications for RNs, and the significance of this development in aesthetic injections.
The Florida Nursing Board previously had guidance on its website stating that “The injection of Botox is not within the scope of practice or practical or registered nurses and does not constitute the administration of medication.” However, in 2015, an Administrative Law Judge found that the Nursing Board could not use that statement as a basis for disciplinary action against an RN who injected Botox or fillers.
Although it seemed that an RN would be able to administer Botox and filler injections under the supervision of a physician after the 2015 ruling, the Florida Board of Nursing issued a declaratory statement in October 2017 finding that the RN was not permitted to administer injections of Botox and fillers even though the RN had taken a certification course and was administering the injections under the supervision of a physician because aesthetic injections fall outside the scope of practice for RNs.
Although declaratory statements only apply to the specific facts of the RN that requested the declaratory statement, the 2017 declaratory statement made it appear that the Board of Nursing had an unwritten policy that RNs were not allowed to inject Botox or dermal fillers.
On July 7, 2023, the Florida Nursing Board issued a new declaratory statement following a recent request from an RN that the Board clarify whether the RN could administer Botox under the supervision of a physician. The Board found that the RN could administer Botox injections under a physician’s supervision because administering Botox was within the RN’s “specific and particular education, training, and experience.” The RN had observed a physician and nurse practitioner performing aesthetic injections for four years and had taken a 12-hour CME course on aesthetic medicine. This finding significantly differs from the Board’s prior findings regarding aesthetic injections. It suggests an increased openness to allowing RNs to perform aesthetic injections following sufficient training under the supervision of a physician.
We will continue to monitor this development and provide updates on any further statements for the Florida Board of Nursing clarifying this issue.
*This blog post is for informational purposes only and does not constitute legal, financial, or medical advice or the forging of an attorney-client relationship. Please retain the services of an attorney to receive legal advice on how the law applies to your business.