"Declaratory statements are opinions issued by a professional board or administrative agency, usually at the request of someone governed by that board or agency, on a matter within the legal authority of the board or agency. In our case, we are discussing the Board of Nursing.

Many nurses are under the mistaken impression that if they have a question regarding the practice of nursing, or whether a certain act may exceed the scope of their license, they may just call up the Board of Nursing and ask. This is not true.

First, almost none of the employees of the Board of Nursing are nurses themselves. They are administrative employees. Second, if they give incorrect information, and the nurse relies on it, the nurse may find herself in legal trouble; therefore, Board of Nursing employees will rarely provide any information that requires an opinion on the scope of practice or on interpretation of a particular rule (other than those pertaining to license applications and similar administrative matters). Third, for any such opinion to be valid, it must be a decision made by the entire Board of Nursing, and not just one employee or even one member of the Board of Nursing. Fourth, before any such decision can be made, the Florida Administrative Procedure Act (APA), Chapter 120, Florida Statutes, and the Government in the Sunshine Act, require that notice of it be published and that others in the public be given an opportunity to attend a hearing on it.

Therefore, there is a formal requirement that anyone desiring such an opinion or advice, must file a formal petition for a declaratory statement.

For example, if a nurse has a question regarding certain action that her employer is requiring her to take, for example, if she believes it may be outside of the scope of her nursing license, she may petition the Board of Nursing for a declaratory statement (formal opinion) regarding this matter. If a nurse desires to request clarification how an administrative rule adopted by the Board of Nursing should be interpreted in a given situation, she may petition the Board of Nursing for a declaratory statement (formal opinion) regarding this matter. Usually, it seems that those requesting declaratory statements are requesting opinions that authorize them to perform some act that may, at first blush, seem to violate an administrative rule or exceed the scope of practice. By obtaining a favorable decision, the nurse is protecting herself from later charges that she has violated a rule or exceeded the scope of her practice.

As in just about all other matters concerning administrative agencies (of which the Board of Nursing is one), the Florida Administrative Procedure Act (APA), Chapter 120, Florida Statutes, governs the authority to make declaratory statements and the procedures by which someone may apply for one."