Nurses Failing to Report a Conviction
What happens if a nurse fails to report entering a plea to a criminal charge to Florida’s Board of Nursing?
If a nurse fails to report a criminal conviction or fails to perform legal obligations or is convicted of a crime, then an investigation is launched into the possible violation under Section 456.072(1)(c)(h)(k)(x)(dd) and 464.018(1)(c)(d)(e)(o), F.S.
Most licensed professionals have strict reporting requirements. Your criminal defense attorney should understand the reporting requirements for your profession and make sure you understand the collateral consequences that come with a plea.
Self-reporting a criminal conviction to the Board of Nursing isn’t difficult. Your criminal defense attorney can help you write a letter and provide the appropriate documents through the Florida Health Care Complaint Portal, via mail, or delivery service.
Attorney for Nurses Accused of a Crime in Tampa, FL
So you should hire the best criminal defense attorney for your case. Your criminal defense attorney should also be familiar with your reporting requirements.
At Sammis Law Firm, our criminal defense attorneys can represent you on any felony or misdemeanor charge. We understand the reporting requirements if a nurse or health care professional enters a plea for a felony or misdemeanor offense.
We also represent nurses who fail to report their conviction, often because the attorney that previously represented the professional (someone outside of our office) didn’t understand the requirements.
Don’t compound one mistake with another. Hire an attorney who can represent you at all stages of the case so that you can make an informed decision about how best to resolve all aspects of your case.
Failure to Report Investigations by the Florida Department of Health
The disciplinary action for nurses often begins with a letter from an Investigation Specialist with the Consumer Service Unit of the Division of Medical Quality Assurance of the Florida Department of Health.
The letter might explain that the Consumer Services Unit received a complaint and determined that the nurse might have violated the practice act regulating the nursing profession. For this reason, the letter explains that an investigation has been opened.
The letter will request that the nurse send a written response within 20 days of receipt of the letter. The nurse must include the complaint number in any correspondence.
Your attorney can and should make a written request for a copy of your entire investigative file. The complaint and all investigative information remain confidential until 10 days after the probable cause panel has determined whether a violation occurred or whether you give up the right to confidentiality.
The letter often includes a DOH-Form 200 for a DOH-Form 300. A memorandum might explain that a “print hit” indicated that the subject has an arrest record or a confidential case summary.
The case summary includes the respondent’s contact information and the license number for a regulated profession such as being a registered Nurse (RN) 1701 or a Licensed Practical Nurse (LPN) 1702. The case summary lists the source of the information and the reported information itself.
In many of these cases, the DOH-Form 200 will show that the Department of Health receives an internally generated complaint via the Retained Fingerprint Background Check showing a match for an unreported arrest.
The department will then conduct a criminal history search to find out whether any convictions occurred. If the subject failed to report the judgment and sentence to the Board of Nursing within 30 days as required, then a complaint is generated when the violation is discovered.
This article was last updated on Friday, May 7, 2022.