Change to License Requirements???

U.S.A. Florida

Published

My school sent out a memo today saying that the Florida Board of Nursing has changed its rules - in order to sit for your license you must be criminal free for 15 years on a level 1 background check. This is a change from the case by case basis.

Just wondered if anyone else has heard this news. It effects a few girls in my class and they were told to drop out of the program. Needless to say there were some on year 2 that were in the same boat. Sure I know that it was always risky - because the board could turn you down - but this is incredible.

Love to hear what others have heard.

Suz

Specializes in ED.

wow that is crazy. with the economy here in FL i wish i could move if it werent for my family.

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OK, so I'm trying to get my record expunged and in the process of begging the PSC Director of Nursing to let me back in for January classes, if I can get my record cleared. Wish me luck.

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Getting your record expunged is a waste of time.

You STILL have to report it. They will STILL find it. If your felony is less than 15 yrs old, you won't get a license.

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Specializes in BURN, LTC, Critical Care.

Yeah... I was just researching this same topic as I am an RN in Indiana and wanting to get an "endorsement" license in Florida... The law just took affect in July 1st and as far as license renewal, this law applies to offenses occurring after July 1, 2009. Not sure what it's about for students waiting to take State Boards?

But...

Here are some of the specifics which deal a lot with fraud crimes, the drug crimes seem to mitigated by completion of at least 18 mo of rehabilitation in an approved drug program.

To review specific statute chapters 409, 817, or 893 directly, please use the following link:

http://www.leg.state.fl.us/statutes/

chapters 409, 817, or 893

Florida Statutes; or 21 U.S.C. ss. 801-970 or 42 U.S.C. ss 1395-1396,

CHAPTER 409

TITLE XXX SOCIAL WELFARE

Ch.409-430: SOCIAL AND ECONOMIC ASSISTANCE

409.016 Definitions

(3) "Social and economic services," within the meaning of this chapter, means the providing of financial assistance as well as preventive and rehabilitative social services for children, adults, and families.

CHAPTER 817

CHAPTER 817: FRAUDULENT PRACTICES

PART I: FALSE PRETENSES AND FRAUDS, GENERALLY (ss. 817.02-817.569)

PART II: CREDIT CARD CRIMES (ss. 817.57-817.685)

PART III:CREDIT SERVICE ORGANIZATIONS (ss. 817.7001-817.706)

PART IV:CREDIT COUNSELING SERVICES (ss. 817.801-817.806)

CHAPTER 893

DRUG ABUSE PREVENTION AND CONTROL

893.15 Rehabilitation.--Any person who violates s. 893.13(6)(a) or (b) relating to possession may, in the discretion of the trial judge, be required to participate in a substance abuse services program approved or regulated by the Department of Children and Family Services pursuant to the provisions of chapter 397, provided the director of such program approves the placement of the defendant in such program. Such required participation shall be imposed in addition to any penalty or probation otherwise prescribed by law. However, the total time of such penalty, probation, and program participation shall not exceed the maximum length of sentence possible for the offense.

893.13 Prohibited acts; penalties.--

401.23 Definitions.--As used in this part, the term:

(20) "Registered nurse" means a practitioner who is licensed to practice professional nursing pursuant to part I of chapter 464.

775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--

(d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

948.034 Terms and conditions of probation; community residential drug punishment centers.--

(1) On or after October 1, 1993, any person who violates s. 893.13(1)(a)1., (1)©2., (1)(d)2., (2)(a)1., or (5)(a) may, in the discretion of the trial court, be required to successfully complete a term of probation in lieu of serving a term of imprisonment as required or authorized by s. 775.084, former s. 921.001, or s. 921.002, as follows:

(a) If the person has not previously been convicted of violating s. 893.13(1)(a)1., (1)©2., (1)(d)2., (2)(a)1., or (5)(a), adjudication may be withheld and the offender may be placed on probation for not less than 18 months, as a condition of which the court shall require the offender to reside at a community residential drug punishment center for 90 days. The offender must comply with all rules and regulations of the center and must pay a fee for the costs of room and board and residential supervision. Placement of an offender into a community residential drug punishment center is subject to budgetary considerations and availability of bed space. If the court requires the offender to reside at a community residential drug punishment center, the court shall also require the offender to comply with one or more of the other following terms and conditions:

812.014 Theft.

(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree,

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Specializes in BURN, LTC, Critical Care.
BELIEVE THE HYPE!!!

I was just kicked out of the Polk State College nursing program over this new bill. I'm an honors student (Phi Theta Kappa) and I'm very passionate about nursing, but because I caught a possession of Xanax without a prescription six years ago I can't apply for a license in the state of Florida.

I'm not a freakin' junkie. I was first diagnosed with GAD and Panic Disorder when I was 13. I had an Rx prior to and since I was convicted. If it wasn't for the fact that we have a broken healthcare system in this country I would have had an Rx then.:angryfire

I'm so hurt by this situation. I'm a good nurse. I made a mistake when I was still a jitterbug. My conviction was unadjudicated. I still have all of my rights. I guess the State of Florida deems me fit to carry a pistol, but unfit to apply therapeutic touch to a sick person.

Does anyone know if this statute still applies to applicants if the charge is expunged or if your record is sealed?

If not, it's time to rent a UHAUL.

Joshua Drake Monroe

Check out my previous post... I did some research into this and it specifically states crimes AFTER July 1, 2009. "IMPORTANT NOTICE:For license renewal, this law applies to offenses occurring after July 1, 2009." But I'm not sure then if that would apply to you if you don't already have a license? I just graduated this past May and passed my Indiana State Boards October 14th but wanted to get an "endorsement" license in Florida...

To review specific statute chapters 409, 817, or 893 directly, please use the following link: http://www.leg.state.fl.us/statutes/

I think you want to focus on "CHAPTER 893 DRUG ABUSE PREVENTION AND CONTROL".

Michael

Good Luck!!! Sound like Florida is being a BEAR!

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I am also a victim of this new law. It passed the day I graduated!!!! I am so upset! I had to withdraw my application for my FL license after I passed the state boards because I was never notified. Please everyone write to your legislater, that's what I did and am getting some positive feed back. You can find there contact info at:

http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx

MRSmartin5606 if you get anymore info about the class action law suit PLEASE let me know. This law needs to be amended!!!!

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Specializes in BURN, LTC, Critical Care.
I am also a victim of this new law. It passed the day I graduated!!!! I am so upset! I had to withdraw my application for my FL license after I passed the state boards because I was never notified. Please everyone write to your legislater, that's what I did and am getting some positive feed back. You can find there contact info at:

http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx

MRSmartin5606 if you get anymore info about the class action law suit PLEASE let me know. This law needs to be amended!!!!

WOW!

This REALLY sounds horrible! With EVERY other state in the country trying to lure nurses to their state, Florida is going the other direction! Weird... It can't possibly last that long can it? I hope it changes soon. For me on the other hand I am getting many offers and am being flown to New Mexico the end of this month on THEIR dime for an on-site interview. Had one a couple of weeks ago in Brownsville, Texas... same thing.

If you're willing to leave Florida, then I would guess your prospects are good. Get the experience and wait for Florida to change their laws...

Michael

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oh my gosh im going thru this right now.mistake happened in 1996,complete success of probation,adjudication withheld.took lpn course for 2 yrs.nobody told me the law changed,how would i know.i assumed because i was allowed in the program and do clinical rotations that i was ok.ugh.when time came to take test they denied me.how can the law that became in effect july 1 2009 effect those that where already in the program for 1 year.

?and to top it off the 2 yrs probation i did dont count,it starts afterrrrrr the probation ended.if anyone knows a lawyer or someone i can call please let me know.i wrote the governor,congresswoman,and state rep. but to to avail.ive been turned down twiceto take the test. i earned that right to take it now not in year 2013!now im requesting meeting with administrative judge.

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Seeing an administrative judge won't change your outcome. The LAW has to be changed for you to get licensed.

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i just dont understand dont they realize how many people will be affected by this law.does anyone know what the old law read?you know what i just cant quite figure is why the school nursing program didnt come to me when this law became effective,i would of dropped to save all the intense and money.

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i just dont understand dont they realize how many people will be affected by this law.does anyone know what the old law read?you know what i just cant quite figure is why the school nursing program didnt come to me when this law became effective,i would of dropped to save all the intense and money.

1) swatting a fly with a sledge hammer

2) I think you answered your own question about your school, they collected the money.......

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Any new developments about the Class Action Law Suit?? I got my GA license and then was denied employment because of criminal history!!! I got hired in FL but can't get the license! This is sooo madning!!!!!!!!

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