Adverse Consequences of Discipline Against Your Nursing License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

If the Florida Department of Health (DOH) takes discipline against your Florida nursing license, this will have many significant consequences.

Investigation and Discipline of Other State Licenses.

The discipline will be reported to every other state in which you have a license and similar investigations will be opened by those states.

Many states also have laws similar to those of Florida which require you to report discipline yourself to the other state in which you are licensed. Sometimes this is very short, 15 or 30 days, for example. Check the other state’s laws to be sure.

Discipline Against Other Types of Licenses.

If you have other types of health professional licenses, such as a massage therapist (LMT) license, emergency medical technician (EMT) license, mental health counselor license (LMHC), advance registered nurse practitioner (ARNP) license, acupuncture physician (A.P.) license, etc., it is most likely that an investigation will be opened against the other license. This may result in discipline against your other license.

Discipline Will be Reported to the National Practitioner Data Bank.

Additionally, any discipline against your Florida nursing license will be reported to the National Practitioner Data Bank (NPDB), as well as other reporting organizations. You may also face action to exclude you from the Medicare Program by the Office of the Inspector General (OIG). If this occurs, it will be virtually impossible for you to get a job anywhere, especially in a hospital or facility.

Possible Loss of Certification.

In addition, if you are certified in a specialty, your certification organization may revoke or not renew your certification. It may also have rules requiring you to report disciplinary action.

Loss of Employment Opportunities.

Many health facilities, insurers, hospitals and other employers have policies against hiring nursing professionals with discipline on their licenses. Regardless of what an employer or supervisor might orally tell you, company policy, whether formal (written) or informal, may cause you to be terminated as an employee.

Buy Insurance to Cover License Investigation Legal Defense Expenses: It’s Cheap.

Most nursing malpractice insurance policies are very inexpensive and provide excellent coverage. Most contain insurance coverage that will pay for an attorney and other legal defense expenses if you are being investigated or charged with a licensure offense. Buy this. You should have at least $25,000 in coverage for such investigations and administrative proceedings. $50,000 in coverage would be better, even if you must pay extra or buy additional coverage.

If you are innocent of the charges alleged against you, a fully contested formal administrative hearing (trial) could easily cost $50,000. If you can’t afford to pay this amount yourself, you may have to give up your rights to proof of your innocence or guilt. Buy insurance to cover such unfortunate circumstances.

Obtain an Experienced Health Law Attorney Immediately After Receiving Any Notification of an Investigation from the Department of Health.

If the DOH is investigating you, you will receive a letter stating that an investigation has been opened by the DOH for discipline against your license. Do not speak with or make any statement to any DOH investigator (for more on this, see our previous blog post). Instead, immediately obtain an experienced health law attorney to represent you throughout the investigation and disciplinary proceedings.

Contact Health Law Attorneys Experienced in Board of Nursing Cases.

The Health Law Firm’s attorneys routinely represent nurses in Department of Health Investigations, before the Board of Nursing, in appearances before the Board of Nursing in licensing matters, and in administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author:  George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

Florida Nurse Accused of Abusing Patient

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A Florida State Hospital licensed practical nurse (LPN) has been arrested and charged with one count of abuse of a disabled adult at the facility. The nurse was arrested on a felony warrant by the Attorney General’s Medicaid Fraud Control Unit (MFCU). The arrest was announced by the Florida Attorney General on June 29, 2012.

Nurse Accused of Abusing Patient During Medication Administration.

The nurse allegedly struck a disabled woman at the mental health facility, while trying to administer medication. The nurse attempted to administer medications to the patient by holding her nose closed in an attempt to force her mouth open, slapping her across the face, and pulling the patient’s hair, according to the charges filed.

The nurse has been charged with one count of abuse of a disabled adult, which is a third degree felony. If convicted she faces up to five years in prison and a $5,000 fine.

Medicaid Fraud Control Unit (MFCU) Conducted Investigation.

Investigators with the Medicaid Fraud Control Unit (MFCU) received information regarding the alleged abuse from the Florida Department of Children and Families’ (DCF) Adult Protective Services Program. The Calhoun County Sheriff’s Office assisted in the arrest. The case will be prosecuted by the State Attorney’s Office for the Second Judicial Circuit of Florida.

Contact Health Law Attorneys Experienced in Representing Nurses.

The Health Law Firm’s attorneys routinely represent nurses in Department of Health investigations, before the Board of Nursing, in appearances before the Board of Nursing in licensing matters, and in administrative hearings.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources Include:

Lucas, John. “Attorney General Pam Bondi Announces Arrest of Nurse for Abusing a Disabled Adult at Florida State Hospital.” Florida Office of the Attorney General. (June 29, 2012). Press Release. From: http://www.myfloridalegal.com/newsrel.nsf/newsreleases/AF6292E44D8579B685257A2C0069ED2D

WCTV. “Nurse at Florida State Hospital Arrested for Abuse.” WCTV.com. (June 29, 2012). From: http://www.wctv.tv/home/headlines/Nurse_at_Florida_State_Hospital_Arrested_for_Abuse_160893645.html

About the Author:  George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

Go to Top