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Howell Buchan & Strong - Florida Health Care License Attorneys

Wes Pope

What Florida Nurses Should Know Before Entering into a Plea Deal.

August 31, 2022
Est read time: 2 minutes
Category:

If you are a nurse currently facing a criminal charge pursuant to Chapter 409, Florida Statutes, (relating to social and economic assistance), Chapter 817, Florida Statutes, (relating to fraudulent practices), Chapter 893, Florida Statutes, (relating to drug abuse prevention and control) or a similar felony offense(s) in another state or jurisdiction, pay close attention to the level or degree of the offense with which you are being charged.

While your criminal attorney may advise that it is in your best interest to enter into a certain plea deal, many criminal attorneys are not aware of the effect that a plea agreement could have on an individual’s nursing license in Florida.

What you need to know before entering into a plea deal:

Section 456.0635, Florida Statutes states:

“Any such conviction or plea shall exclude the applicant or candidate from licensure, examination, certification, or registration unless the sentence and any subsequent period of probation for such conviction or plea ended:
1. For felonies of the first or second degree, more than 15 years before the date of application.
2. For felonies of the third degree, more than 10 years before the date of application, except for felonies of the third degree under s. 893.13(6)(a).
3. For felonies of the third degree under s. 893.13(6)(a), more than 5 years before the date of application;”

What does this mean?

Pursuant to Section 456.0635, Florida Statutes, if you plead guilty to a first or second degree felony involving healthcare fraud, you will be ineligible to practice nursing for five more years than you would if you are able to reduce the charge to a third degree felony.

What should you do if you are a nurse currently facing criminal charges?

If you are a nurse currently facing criminal charges involving healthcare fraud, it is highly advisable for you to seek the counsel of an experienced healthcare attorney in addition to your criminal attorney.

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