Arrested: Pending Criminal Charge and Florida Nurse or other Healthcare Licensee

Arrested: Pending Criminal Charge and Florida Nurse or other Healthcare Licensee...

If you are a Florida healthcare licensee and you have been arrested for a criminal charge consult an Administrative Law License Defense Attorney in addition to a criminal defense attorney before you enter a plea to any criminal charge.

An arrest can trigger an immediate and mandatory employment exclusion for a level II background screening with the Agency for Health Care Administration (AHCA).  An employment exclusion prohibits you from working for any facility in Florida that accepts Florida Medicaid.  Example of common employment exclusion charges include any Domestic Violence charge (misdemeanor or felony), Felony Drug charges, and Theft.  See Section 435.04, Florida Statutes for a list of employment exclusion charges.

An arrest can also trigger a mandatory Emergency Suspension of your healthcare license.  The Department of Health will file a suspension for serious criminal charges including false imprisonment, sexual battery, and other charges listed under Section 456.074(5), Florida Statutes.  

If you enter a plea to a non-disqualifying employment charge, the charge may still be an enumerated violation of your practice act.  For example, misdemeanor petit theft, battery (regardless if Domestic Violence charge) are designated violations of the Nurse Practice Act under Section 464.018(1)(d), Florida Statutes.

A plea to ANY criminal charge (other than Not Guilty) is required to be reported in writing within 30 days to the Board.  While a withhold of adjudication is not considered a conviction for your criminal case, a withhold of adjudication is a conviction for purposes of your healthcare license.  

Know before you plea: As a former criminal prosecutor and prosecutor for the Department of Health, I work with my clients and their criminal defense attorneys throughout Florida preparing mitigation letters explaining the many impacts the criminal case will have on the healthcare license and employment eligibility.   I was recently contacted by a licensee after a plea had been entered to a charge that triggered a mandatory emergency suspension of the license and loss of the license for a minimum of 15 years.  Do not wait to consult a licensing defense attorney if you have been arrested.  

Call today for a free consultation (850) 307-5665 or (800) 659-7547.

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