Was given FL nursing license, now being denied EXEMPTION

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Specializes in Pediatrics, LTC, Internal Medicine, FP.

I apologize for this lengthy post in advance. I am a nurse who moved to Florida almost two years ago. I applied for licensure and had to go in front of the board due to my being an addict in recovery and also for a past criminal history. I had a charge from 2009 (7 years ago) for which I was placed on a type of probation in MO where at the end of it, if completed successfully, the charges go away and you are not convicted/case is sealed. I was given a license and put into IPN here in FL. I went to multiple evaluations, taken many tests, and am compliant in monitoring and meetings. I have spent well over thousands on obtaining licensure/IPN. I have jumped through hoops for nearly two years. I finally go the license and had been applying for jobs. I was offered a job in an ACHA regulated facility, and finishing up the process a level two background was required. I was informed that it came back as "ineligible " and I was told to call a # to ACHA. I was informed that I must apply for exemption. I was then told that since I was already licensed, I must go through the board of nursing. This seemed odd to me, since I had just gotten a license from the florida board, why was I essentially doing it all again? Needless to say I filled out the exemption app and submitted to ANOTHER $60 background and fingerprinting and sent it all off. A month and a half of unanswered phone calls and emails, and finally I get some one to call me back yesterday.

Here comes the bad news. I was denied. I was told that I am not allowed an exemption until MAY 2018. Their reasoning is because I have not been off of probation long enough. THE VERY SAME PEOPLE THAT GAVE ME NURSING LICENSE are now telling me that I cannot get an exemption due the the very same criminal history that they reviewed and approved me to get a license. The very same criminal history that they used as a reasoning to put me in IPN! Now they are saying I cannot get an exemption. This is a crime that was committed in 2009. I was given SIS probation, which in missouri means that after you complete it, the conviction goes away and the case is closed/sealed.

I called her back and said to her "you do realize I was not convicted right?" and then she said for me to get more court documents.

I am beside myself. I have spent thousands on tests/evaluations/groups/meetings/drug tests/trips to see the board. All of this, to have yet another hurdle placed. I cannot work anywhere that is associated with ACHA.

I am so close to giving up. I can't believe this is being done to me.

Somebody tell me something positive. Please. Im struggling here.

I have also contacted an attorney.

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Wow that is terrible. It's a shame that nobody else has a similar experience to give you some guidance. I think the court system is a joke, you are supposed to be innocent until proven guilty. But the is not that case. If you were not convicted you might as well be guilty. Sorry for the rant and I'm sure it dosnt help you feel better but I feel your frustration. Have you spoke to a lawyer? I know they are expensive

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Specializes in Pediatrics, LTC, Internal Medicine, FP.

Thanks for the response. Yes, I have retained an attorney at the price of $1,500 plus $220 an hour. He specializes in these things, and he does realize what the type of probation I was on in MO and he says that I am right in saying that I should be eligible for exemption. He said that they are just not familiar with what an SIS is. He feels pretty confident that he can get it for me.. its just so much money when I am working as a server. I have already spent so much on all of this. I can't believe this even happened and they gave me a license knowing about my history, only to deny me the right to an exemption/work.

I will keep you posted on what transpires.

Thank you for the response :)

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Specializes in Pediatrics, LTC, Internal Medicine, FP.

Hi guys... I am writing with GOOD NEWS!

So, I waited on signed the retainer agreement with the attorney and I managed to get the court to write a letter explaining the type of probation and that I was never convicted. I emailed the documents to the board and I was granted the exemption yesterday!!!!

I am happy ! I honestly thought Id never get it.. and here I am, and I didn't have to pay the $1,500 retainer plus $220 an hour to an attorney to get it done!

I have an interview today at 2pm, and then I have to go back and see the lady that offered me a job originally (that started this whole thing,) tomorrow.. she wants me to bring her the exemption letter and hopefully we can move forward.

I also got a call back for a dialysis position!

I am so hopeful and grateful right now.

I sent the lady at the court clerks office a Thank you card because she really went out of her way to write that letter for me! :)

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Specializes in GENERAL.

OP:

This lawyer says he can get you an exemption @ $1,500 up front and $220 an hour.

He claims to be an expert in the field and specializes in these things.

Tell me why I shouldn't feel you are being taken for a ride.

You have unwittingly through trust and desperation entered breaucratic and legalistic hell.

In other words welcome to the sunshine state.

So to the point.

They say you have "not been on probation long enough."There's the answer. But it is unclear to me whose rule or requirement this is from.

If it's from the Agency for Health Care Administration (ACHA), which is the regulatory agency for all Medicaid accepting facilities in Florida, you must abide by their regulations. But you must get this required waiting period in writing along with the goofball functionary's name. No he said, she said will suffice.

Now if this is a BON reqiuirement then the same documentation applies.

If both the BON and ACHA need you to wait till May '08, so be it.

Don't be too surprised that the state took your endorsement money from MO for a license here. Money is money and once they have it and the check clears, it takes an act of Congress to get it back.

The one thing I'm unclear on is you said you can't work in a ACHA regulated facility. Does that mean you could work in a facility that is cash and carry?

My reasoning here is: try getting a boob job in Florida using Medicaid. The Republicans especially would go ballistic.

So you know the moral of the story. Don't do the crime if you can't do the time and your time is paid in full come May'08.

Also get rid of Bombastic Bushkin. I hear he's looking at a new boat on the money running through your hands.

Do the legwork yourself. Get everything in black and white and when the time comes you'll have the evidence needed to make a case in the event they try to screw you over.

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Specializes in GENERAL.
Hi guys... I am writing with GOOD NEWS!

So, I waited on signed the retainer agreement with the attorney and I managed to get the court to write a letter explaining the type of probation and that I was never convicted. I emailed the documents to the board and I was granted the exemption yesterday!!!!

I am happy ! I honestly thought Id never get it.. and here I am, and I didn't have to pay the $1,500 retainer plus $220 an hour to an attorney to get it done!

I have an interview today at 2pm, and then I have to go back and see the lady that offered me a job originally (that started this whole thing,) tomorrow.. she wants me to bring her the exemption letter and hopefully we can move forward.

I also got a call back for a dialysis position!

I am so hopeful and grateful right now.

I sent the lady at the court clerks office a Thank you card because she really went out of her way to write that letter for me! :)

This is good news but also a testament as to why it's important to include all the details relevant to your situation when you ask for counsel. You neglected to include many of the mitigating things you were already doing to help your case.

I am glad for the outcome but apparently your gloom and doom missive was more hyperbole than a fate worse than death. A fait accompli your situation was not.

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Specializes in Pediatrics, LTC, Internal Medicine, FP.
This is good news but also a testament as to why it's important to include all the details relevant to your situation when you ask for counsel. You neglected to include many of the mitigating things you were already doing to help your case.

I am glad for the outcome but apparently your gloom and doom missive was more hyperbole than a fate worse than death. A fait accompli your situation was not.

WHAT?

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Specializes in Pediatrics, LTC, Internal Medicine, FP.

How are you going to tell me I neglected to include things?

I did tell him that I had sent for documents?

I have been working on this issue for a long time, and I have been through many, many hoops.

And what are you talking about don't do the crime if you can't do the time? I clearly DID the time. AND I WASNT CONVICTED.

I apologize that you don't understand whats going on with my situation. It is more complex than just having a criminal record. This was from 7 years ago and has been closed and sealed. I am not a convicted felon. Florida is not familiar with this type of situation (SIS) and I had been working on it and got no response. Also, the nursing board was already aware of this and had granted me licensure, then only to deny me for an exemption using the same criminal history. And I had been on probation long enough- I completed it successfully? I dont know what youre talking about at all.

I dont see the point of your posts?

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I don't understand what buyer beware is saying at all. But I understand everything you are saying. Iam going through exactly what you went through and it's hell. You did your time you paid your dues and it's time to get what is yours. Congrats to you.

So I have a Board meeting to get my license after graduating 4 years ago and completed my probation time with the charge being expunged due to judicial diversion while paying over 5000 for everything.

So the board requested a meeting with me to explain my history of arrests I guess to see if they want to grant me a license to practice or not. Should I obtain a lawyer as well for that purpose you think? Or just go in and explain everything truthfully and honestly?

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