Nursing Students and Nurses in Florida with Criminal Convictions: Beware of SB 1986

Here is the cut and paste and the link from the Florida Nurses Association website regarding SB 1986.

See http://www.floridanurse.org/legislative/index.asp

Here is the cut and paste of the information available on the Florida Nurses Association website:

LEGISLATIVE ALERT: (posted 8/11/09)
It is important for nurses and those considering entering nursing school to be aware of the implementation of SB 1986 which is a 160 page Medicaid Fraud bill which was passed in the last moments of session. It contains provisions which got past everyone concerning the licensure of healthcare providers convicted of certain felonies. If a provider or applicant has a history of a conviction for any felony relating to medical fraud, non-medical fraud or controlled substances, they may not be issued a license for 15 years after their probation has ended. The new law also requires that providers who have these convictions may not be issued a renewal license. This law is going to present serious problems for a number of providers and those who want to be providers. For example, a recent graduate of a nursing program was denied a license because as a freshman in college she had an issue with possession of marijuana. She has been through drug treatment and has successfully completed nursing school. Now she cannot get a Florida license due to this new law. There were a number of cases like this during the last Board of Nursing meeting.

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It is becoming more and more difficult to obtain and remain licensed in some states as LPN, RN, or APRN. Don't shoot the messenger but nursing is not necessarily the best career choice anymore for persons with criminal convictions regardless of whether expunged or diverted.

If you are a Florida nursing student or a Florida nurse who will have issues because of SB 1986, all hope is not lost. You may have to seek licensure in another state. Talk to a license defense attorney in a State where you are considering licensure before you just apply for a license however.

Comments

[Mike]

FL SB 1986 defines a healthcare related felony as a reason for denial of professional licensing. Thus it would appear that if a person has a non-violent felony on their record and civil rights have been restored, that person should be ok to obtain licensing in the healthcare field.

Laws need to be changed. For example, after 9-11 events, 175 misdemeanor laws where changed to 3rd degree felonies in Florida. One woman was convicted of a felony for not removing a fallen tree in her front yard after a major hurricane swept thru Homestead FL. The local clerks office sent a certified letter to her home (which was inhabitable) and when she failed to respond, they issued a warrant for her arrest. She was convicted on an FTA warrant. She lost her job of 15 years because of it. Another person sold a computer on FleaBay and the buyer paid with a counterfeit cashier's check. The seller cashed it and the police arrested him for possession of a counterfeit payment instrument. Lacking funds for a private attorney, his public defender told him to plead guilty to get out of jail and avoid a prison sentence. It was his first conviction.

Background checks are preventing alot of felons from getting good paying employment for which they are qualified. BC fall under the Fair Credit Reporting Act, but employers who use them are not following federal regulations. They are supposed to notify the applicant if a BC was used and then forward a copy to them for review. Not a single employer in the USA is doing this. BC are done in the shadows and then the applicant is notified that another applicant has been selected instead without giving them proper explanation. A class action suit needs to be filed against national employers.