FL DoH BoN enforcing new July 2009 law

While I realize we cannot give legal advice, and the following shouldn't be taken as counsel of any kind, I hope the Admin will let the post stand for comment or as information.

During the recent August 6th, 7th, and 8th, 2009 Florida Board of Nursing meetings several candidates for exemption or waiver for Nurse or Nurse Assistant licensure or certification were flatly turned down under the new Florida Statute 456.0635

In brief, the new law disqualifies Health Professionsals (many occupations not just nursing) from license, certificate, or registration when convicted of, or entered a plea of guilty or nolo contendere to, certain felonies unless the sentence and any subsequent period of probation for such conviction or pleas ended more than 15 years prior to the date of the application.

This should clear up some of the questions for Floridians since previously there was a general rule of thumb of needing five years in the past and minmally offensive felonies considered on a case by case basis. The board commented they were no longer able to grant any exemptions for crimes defined under the new law. This is from the meeting records.

Today, in general, if the felony involved drugs, abuse, violence, or fraud, and the sentence or probabation or parole ended less than 15 years ago, one cannot be licensed as a healtcare professional in Florida.

The gateway page to the statutes by number (to see specific crimes affecting licensure under FS c. 409, 817, and 893) is Florida Statutes

The BoN began notifying existing licensees with this "IMPORTANT NOTICE" on July 30, 2009.