Clinical Site with criminal background

mikeicurn, ASN, RN · Apr 21, 2012

I don't think you are going to be able to move forward. Clinicals are done in a group with 10 students or so, and a clinical instructor. So you will not be able to just go to a clinic by yourself for clinicals because you would need an instructor present. This happens sometimes. My class didn't apply for background checks until after we started taking classes, although I think we had to sign something stating that we had no convictions that would prevent us from going to clinicals. I am sorry for your luck, but I don't see you being able to go through the program without being able to attend clincals at the school's clinical sites.

Good luck to you.

missnurse01, MSN, RN · Apr 21, 2012

Hi,
If anyone can give me some feedback on the following situation I am facing it would be greatly appreciated.
I am in the state of FL, and I have a recent conviction on my record for Grand Theft. Nevertheless, I have found a school that has accepted me into their nursing program and I am scheduled to start next week. When I got accepted I thought to myself that either they were over looking my record or they completely missed it. Well this week I found out they failed to do the background check prior to admitting me and now a few days before I am to start they have just recieved it. Needless to say, they are considering rescinding the offer of acceptance into the program because they feel they will not be able to get me placed at a site to complete my clinicals with my background. I have begged them to reconsider and offered to locate my own clinical site and take the burden off of the school. Although they have not made their final decision, I am very hopeful. But I am worried beyond belief that I too will not be able to find a place to complete my clinicals. I am thinking of presenting myself as a nursing student to local clinics looking for volunteer hours. But I am just not sure if this will work.
Has anyone been down this road, or can offer any advice?

had a friend in nursing school who had to get a prior arrest cleared up before she could do clinicals. luckily for her it was dismissed when she went to court b/c it had been long ago and she had had no other issues since then.

getting your own clinical site will probably not work as the instructor won't be there with you. you might need an attorney to figure out your options-don't think it can be removed from your record or sealed unless you were a minor when it happened. you can contact the board of nursing too to see if they have any ideas of what happens to nurses if they have a conviction.

hopefully someone will chime in!

good luck. don't give up

TraceyMarino · Apr 21, 2012

I don't know about Fla, but in other states where I have worked, and where I went to nursing school, you cannot have a felony on your record and be a nurse. That's why they do a background check and fingerprints on you, to find out if you do. Sorry to say, but you may need to find another career path. You may find a clinic that will let you do "volunteer" hours, but sooner or later your past will catch up, and you won't be able to do clinicals, or even work as a nurse.

Double-Helix, BSN, RN · Apr 21, 2012

Before you even try to move forward with clinicals, you need to contact your state BON and see if they would grant you licensure with your criminal record. In many states, a felony conviction will cause your application for licensure to be denied. It would be a shame to spend the time and money to complete nursing school and then be denied a license from the BON.

As the previous poster said, you can't just go find a clinical site. There's a lot that goes into arranging clinicals. You need permission from the hospital, there's waiver forms and HIPAA contracts, you need to have an instructor to supervise. Clinicals are done in groups. If you aren't allowed in the clinical site where the group is assigned then you won't be able to go. I can't see the school being that willing to bend over backwards to accommodate you because you have a criminal record.

Mechelle101 · Apr 21, 2012

Wow! Not much confidence that this is going to go in my favor. Everyone, including the school seems to be focused on the money involved in the process and me not getting a license at the end. When in fact its been posted time and time again that the BON looks at everyone indiviually. Therfore, my end may be very different from others. I am fully aware of the time and money involved and that I may not get my license right away, but it can still happen someday, and even if it dosen't the things I learn in the process can never be taken away. What bothers me is that I can be denied the education because of my background. At the clinical site I am being supervised and I am with a group as stated before. They are not agreeing to hire me, only teach me. Nevertheless, I will walk into the meeting on Monday with the directors at my school and present my case with my head held high because although they think they have the final word, truth is only GOD can make final decisions in my life.

Thanks for the comments.

Maggie15WI · Apr 21, 2012

Hi,
If anyone can give me some feedback on the following situation I am facing it would be greatly appreciated.
I am in the state of FL, and I have a recent conviction on my record for Grand Theft. Nevertheless, I have found a school that has accepted me into their nursing program and I am scheduled to start next week. When I got accepted I thought to myself that either they were over looking my record or they completely missed it. Well this week I found out they failed to do the background check prior to admitting me and now a few days before I am to start they have just recieved it. Needless to say, they are considering rescinding the offer of acceptance into the program because they feel they will not be able to get me placed at a site to complete my clinicals with my background. I have begged them to reconsider and offered to locate my own clinical site and take the burden off of the school. Although they have not made their final decision, I am very hopeful. But I am worried beyond belief that I too will not be able to find a place to complete my clinicals. I am thinking of presenting myself as a nursing student to local clinics looking for volunteer hours. But I am just not sure if this will work.
Has anyone been down this road, or can offer any advice?

Yes.Made a mistake at

19yrs old.My record was expunged after I completed nursing school before I took licensing

exam.The district attorney"s office was very helpful when I explained my situation.Good Luck.

DroogieRN · Apr 21, 2012

Wow! Not much confidence that this is going to go in my favor. Everyone, including the school seems to be focused on the money involved in the process and me not getting a license at the end. When in fact its been posted time and time again that the BON looks at everyone indiviually. Therfore, my end may be very different from others. I am fully aware of the time and money involved and that I may not get my license right away, but it can still happen someday, and even if it dosen't the things I learn in the process can never be taken away. What bothers me is that I can be denied the education because of my background. At the clinical site I am being supervised and I am with a group as stated before. They are not agreeing to hire me, only teach me. Nevertheless, I will walk into the meeting on Monday with the directors at my school and present my case with my head held high because although they think they have the final word, truth is only GOD can make final decisions in my life.
Thanks for the comments.

Wow, really?

"Only God can make final decisions... ." Check.

"Head held high... ." Excellent. Good for you.

True, BONs look at each individual, and maybe sometimes a felony conviction doesn't stand in the way of obtaining a nursing license. But if you think money is the sole reason you are up against a roadblock from this particular nursing program, I believe you are mistaken. Whatever your intentions, they don't know you from Adam and have to protect themselves, the patients and their future with their clinical sites. You absolutely can and might be denied a nursing education because of your background.

No one owes you a thing. The fact is, a felony conviction usually follows you around, maybe for a lifetime. It will no doubt result in some things being beyond your reach, and nursing might be one of them.

Soontobehope · Apr 22, 2012

I work for a nurse registry in Human Resources and deal w/ Level II background screenings through AHCA, DOH, and Department of Elder Affairs. You can definitely file for an exemption and it doesn't take much time at all for a determination. Hope this helps....

Home Health Columnist / Guide · Apr 22, 2012

There are federal and state laws that prohibit one from working with children and adults with certain classes criminal convictions; this includes attending clinical portion of nursing programs.

FL legislature passed revised law HB 653 which governor signed on April 6, 20212, and law effective 7/1/12

See: Chapter No. 2012-64

I had to turn down a candidate with grand theft conviction in PA (boyfriend did not return rental car, rented in her name) so suspect the same in Florida. Due to public safety provisions, Most nursing programs are required by Board of Nursing regulation to ensure that candidates accepted for initial nursing education meet requirements of background checks needed for clinical sites. More info is available in sticky threads at bottom of this forum.

This may not be the right time for you to attend school-this dream may need to be delayed a few years.

Florida Legislature Passes Bill To Relax Healthcare License Restrictions
The Florida Legislature unanimously passed HB 653 which relaxes some of the draconian exclusions enacted under SB 1986, which went into effect on July 1, 2009. SB 1986, which added provisions to Chapter 456, Florida Statutes, among others, prevented numerous healthcare providers from obtaining or renewing licenses based on prior criminal convictions, which could have occurred decades earlier.
As of this writing (March 16, 2012), HB 653 has been passed unanimously by the Florida Legislature, but awaits the Governor's signature.
Under HB 653, the professional boards within the Department of Health (such as the Board of Medicine, Board of Nursing, Board of Psychology, Board of Massage Therapy, etc.) now will, if signed by the Governor, only prohibit the renewal or granting of a health professional's license, certificate or registration, if the individual:
1. Has been convicted of, or entered a plea of guilty or no contest to, regardless of adjudication, a felony under Chapters 409 (Medicaid offenses), 817 (theft or fraud) or 893 (drug offenses), Florida Statutes, or similar laws in other jurisdictions, unless the individual successfully completed a drug court program for the felony and provides proof that the plea was withdrawn or the charges were dismissed, or unless the sentence and any related period of probation for such conviction or plea ended:
- For first and second degree felonies, more than fifteen (15) years before the date of application;
- For third degree felonies, more than ten (10) years before the date of application, except for third degree felonies under Section 893.13(6)(a), Florida Statutes; and
- For third degree felonies under Section 893.13(6)(a), Florida Statutes, more than five (5) years before the date of application.
2. Has been convicted of, or entered a plea of guilty or no contest to, regardless of adjudication, a felony under 21 U.S.C. Sections 801-970 or 42 U.S.C. Sections 1395-1396 (federal Medicare & Medicaid offenses), unless the sentence and any subsequent period of probation for such convictions or plea ended more than fifteen (15) years before the date of application; Florida Legislature Passes Bill To Relax Healthcare License Restrictions

Best wishes in moving forward with your life.

Hapinustu29 · Apr 22, 2012

I am so sorry about your situation due to the fact that we all make mistakes. I am currently in nursing school, which is good. My school has a policy of accepting students with criminal backgrounds, however, they do advise that if what you were convicted of will hinder you from getting your license and getting a job, you shouldn't waste your money. The school sees it as, they are not there to judge people based on their backgrounds, but there to teach. I wish the same could be applied to you. I personally have a minor incident on my record, but I was not convicted and all charges were dropped. But I am working on getting it expunged. Good luck, stay strong and keep believing in God, he is more than able.

nursegirl75 · Apr 22, 2012

I think you have to look at it from the hospital's point of view. When you do rotation at the hospital, they essentially become 'responsible' for you and any of your actions. So someone with a criminal background is a BIG BIG liability because if you hurt a patient and you have a criminal background, the hospital not only would be sued but they could potentially lose their credibility for not checking their employees. No hospital wants to take that risk.

You can't complain because of your criminal background. No one made you do what you did. So now you need to live with the consequences and move on. The healthcare system is not like working at wal-mart. We are responsible for pt's lives and are exposed to their confidential information. So that's why there are reasons why background checks are essential to protect pt's.