Ensure you have the right support in place. First and foremost, consider hiring a criminal defense attorney. However, it's crucial to recognize that not all criminal defense attorneys are well-versed in the intricacies of Florida Department of Health (DOH) investigations and Agency for Health Care Administration (AHCA) procedures.
Drawing on my background as a former criminal prosecutor and prosecutor for the Florida DOH, I can offer valuable assistance to both you and your criminal defense attorney throughout the proceedings.
One essential step in safeguarding your Florida healthcare license involves the submission of a mitigation letter. This letter, prepared for your criminal defense attorney, outlines the potential impact of pending criminal charges and the possible outcomes on your healthcare license.
If you find yourself facing charges such as theft or domestic violence – offenses that trigger a level II background screening – be aware that your arrest may lead to an AHCA employment exclusion. This exclusion bars you from working with any employer that accepts Florida Medicaid and lasts throughout the duration of your criminal case. Depending on the case outcome, you may need to request an employment exclusion from your licensing board.
Additionally, a plea to any criminal charge, even a misdemeanor, triggers a 30-day written reporting requirement under F.S. §456.072(1)(x). Specific misdemeanor and felony charges are explicitly listed as violations of the nurse practice act, such as theft, battery, and assault.
It is a common mistake to delay seeking legal representation for your license until after your criminal case is resolved. Pleading to certain criminal charges can result in a mandatory emergency suspension of your license and may hinder its renewal. Collaborating with clients and their criminal defense attorneys across Florida, I strive to find the best possible case resolution for your license, recognizing the effort you put into obtaining it.
About the Author: Megan Blancho, a former prosecutor for the Florida Department of Health, brings extensive knowledge and experience in administrative licensure cases. She has dedicated her practice exclusively to representing healthcare professionals throughout Florida facing investigations by the Florida Department of Health for violations of the Nurse Practice Act. Explore client reviews and additional blogs for more information.
Comments