Posts Tagged ‘Florida nurses’
Thursday, January 31st, 2013
The following information was obtained from the Official Internet Site of the Florida Legislature, “The 2012 Florida Statutes.” This is a listing of the Statutes from the State of Florida regarding the discipline of nurses.
“464.018 Disciplinary actions.—
(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.456.072(2):
(a) Procuring, attempting to procure, or renewing a license to practice nursing by bribery, by knowing misrepresentations, or through an error of the department or the board.
(b) Having a license to practice nursing revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.
(c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of nursing or to the ability to practice nursing.
(d) Being found guilty, regardless of adjudication, of any of the following offenses:
1. A forcible felony as defined in chapter 776.
2. A violation of chapter 812, relating to theft, robbery, and related crimes.
3. A violation of chapter 817, relating to fraudulent practices.
4. A violation of chapter 800, relating to lewdness and indecent exposure.
5. A violation of chapter 784, relating to assault, battery, and culpable negligence.
6. A violation of chapter 827, relating to child abuse.
7. A violation of chapter 415, relating to protection from abuse, neglect, and exploitation.
8. A violation of chapter 39, relating to child abuse, abandonment, and neglect.
(e) Having been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under s. 435.04 or similar statute of another jurisdiction; or having committed an act which constitutes domestic violence as defined in s.741.28.
(f) Making or filing a false report or record, which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the nurse’s capacity as a licensed nurse.
(g) False, misleading, or deceptive advertising.
(h) Unprofessional conduct, as defined by board rule.
(i) Engaging or attempting to engage in the possession, sale, or distribution of controlled substances as set forth in chapter 893, for any other than legitimate purposes authorized by this part.
(j) Being unable to practice nursing with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, or chemicals or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the licensee is unable to practice nursing because of the reasons stated in this paragraph, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department. If the licensee refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or does business. The licensee against whom the petition is filed shall not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A nurse affected by the provisions of this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of nursing with reasonable skill and safety to patients.
(k) Failing to report to the department any person who the licensee knows is in violation of this part or of the rules of the department or the board; however, if the licensee verifies that such person is actively participating in a board-approved program for the treatment of a physical or mental condition, the licensee is required to report such person only to an impaired professionals consultant.
(l) Knowingly violating any provision of this part, a rule of the board or the department, or a lawful order of the board or department previously entered in a disciplinary proceeding or failing to comply with a lawfully issued subpoena of the department.
(m) Failing to report to the department any licensee under chapter 458 or under chapter 459 who the nurse knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the nurse also provides services.
(n) Failing to meet minimal standards of acceptable and prevailing nursing practice, including engaging in acts for which the licensee is not qualified by training or experience.
(o) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2) The board may enter an order denying licensure or imposing any of the penalties in s.456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).
(3) The board shall not reinstate the license of a nurse, or cause a license to be issued to a person it has deemed unqualified, until such time as it is satisfied that such person has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of nursing.
(4) The board shall not reinstate the license of a nurse who has been found guilty by the board on three separate occasions of violations of this part relating to the use of drugs or narcotics, which offenses involved the diversion of drugs or narcotics from patients to personal use or sale.
(5) The board shall by rule establish guidelines for the disposition of disciplinary cases involving specific types of violations. Such guidelines may include minimum and maximum fines, periods of supervision or probation, or conditions of probation or reissuance of a license.”
This ends the article from the website. This is merely a reminder of the statutes. We highly recommend checking regularly with the Florida Department of Health.
If you feel your Florida professional nursing license is in jeopardy, contact us. Remember, your license is your livelihood.
Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website a www.floridaprofessionallicense.com.
Tags: administrative complaint, banning nurses for felony convictions, Board of Nursing, disciplinary actions against nurses, discipline actions against Florida Nurses, Florida Board of Nursing, Florida Department of Health, Florida license, Florida license attorney, Florida license issues, Florida license lawyer, Florida licensed nurses issues lawyer, Florida nurses, Florida nurses license issues, Interverntion Project for Nurses, license issue lawyer, License issues for nurses in Florida, LPN, Professional Regulation, reporting criminal history for nurses, RN, Soreide Law Group PLLC, unlicensed activity, unlicensed professionals
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Thursday, November 15th, 2012
The following information comes from Florida’s Intervention Project for Nurses (IPN) website:
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Will the participation in Florida’s Intervention Project for Nurses (IPN) protect my nursing license from discipline by the Florida Board of Nursing?
If you are unable to practice nursing safely, due to use of drugs, alcohol, chemicals, a mental condition, or the possession or distribution of controlled drugs for other than legitimate purposes, is a violation of the Nurse Practice Act that can result in disciplinary action taken against a nurse’s license by the Florida Board of Nursing. If the nurse has been reported only to IPN, he/she agrees to participate in IPN, and successfully completes IPN, the file is closed and held in confidence with no disciplinary action resulting. If the nurse is reported only to IPN, and does not agree to participate, or does not successfully complete IPN, then the information in IPN’s possession is forwarded to the DOH, and may result in disciplinary action, if deemed appropriate. In some cases, the nurse is reported both to IPN and the DOH and in those cases, the disciplinary process proceeds and may result in disciplinary action.
This ends the information from the Intervention Project for Nurse’s website.
Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website a www.floridaprofessionallicense.com.
Tags: administrative complaint, disciplinary actions against nurses, drug and alcohol abuse by nurses, Florida Board of Nursing, Florida Department of Health, Florida license, Florida license attorney, Florida license lawyer, Florida nurses, Florida's DOH, Intervention Project for Nurses, Interverntion Project for Nurses, IPN, LPN, Nurse Practice Act, Professional Regulation, reporting criminal history for nurses, RN, unlicensed professionals
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Monday, September 10th, 2012
THE FOLLOWING QUESTIONS AND ANSWERS APPEARED ON THE FLORIDA BOARD OF HEALTH’S WEBSITE . WE ADVISE ALL POTENTIAL APPLICANTS TO VISIT THE DOH WEBSITE AS IT IS CONTINUALLY UPDATED.
Question: What crimes or license discipline must be reported on the (Florida nursing) application?
Answer: All convictions, guilty pleas and nolo contendere pleas must be reported, except for minor traffic violations not related to the use of drugs or alcohol. This includes misdemeanors, felonies, “driving while intoxicated (DWI)” and “driving under the influence “(DUI).” Crimes must be reported even if they receive a suspended sentence. All prior or current disciplinary action against another professional license must be reported, whether it occurred in Florida or in another state or territory.
Question: Can a person obtain a license as a (Florida) nurse if they have a misdemeanor or felony crime on their record?
Answer: Each application is evaluated on a case-by-case basis. The (Florida) Board of Nursing considers the nature, severity, and recency of offenses, rehabilitation and other factors. The Board cannot make a determination for approval or denial of licensure without evaluating the entire application and the supporting documentation.
Question: Do I have to report charges if I completed a period of probation and the charges were dismissed or closed?
Answer: Yes. Offenses must be reported to the (Florida) Board even if you received a suspended sentence and the record is now considered closed. Applicants with previous arrest or disciplinary action on a license will not be authorized to practice nursing until all documentation is cleared by staff or reviewed by the Board.
This ends the information obtained from the DOH’s website.
This information should not replace the valuable and current information obtained from the above mentioned organizations. Always check with them to get the latest and most updated information.
Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing if you are a Florida nursing student or a Florida nurse with licensing issues. To speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website at www.floridaprofessionallicense.com.
Tags: administrative complaint, background screening for nurses, banning nurses for felony convictions, disciplinary actions against nurses, Florida Board of Nursing, Florida Department of Health, Florida license, Florida license attorney, Florida license lawyer, Florida nurses, Florida nurses license issues, Florida nurses reporting criminal history, Interverntion Project for Nurses, Lars Soreide Florida licensing attorney, license lawyer for nurses in Florida, LPN, nurses with licensing issues, Nursing License, Professional Regulation, reporting criminal history for nurses, RN, unlicensed professionals
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Tuesday, June 12th, 2012
Our office is often asked if an application for becoming a nurse in the State of Florida can be approved if the applicant has been convicted of a crime, whether it be a misdemeanor or a felony. The Florida Board of Nursing evaluates each applicant for a license and looks at the application on a case-by-case basis. The Board will look at how recent the offense occurred, the nature of the offense and how severe it was. The Board is also looking to see what rehabilitation has occured. The Board looks at the application as a whole, plus any supporting documentation, before they can decide whether or not to approve or deny the applicant.
If the applicant has a criminal history or has been diciplined, The Florida Board of Nursing will encourage the applicant to be completely prepared with all of the information regarding their background. It is highly recommended starting the application process early.
All applicants in the State of Florida who have had previous arrests or disciplinary actions on their licenses will not be authorized to practice nursing in the State of Florida until all documentation is reviewed by the Florida Board of Nursing or cleared by Board staff.
For all updated information go to Florida Department of Health’s Nursing Division on their website.
If you are a Florida nursing student or a Florida nurse with licensing issues, Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing. If you need to speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website at www.floridaprofessionallicense.com.
Tags: administrative complaint, applying for nursing license in Florida with criminal history, background screening for nurses, banning nurses for felony convictions, disciplinary actions against nurses, Florida Board of Nursing, Florida Department of Health, Florida license, Florida license attorney, Florida license lawyer, Florida nurse license problems, Florida nurses, Interverntion Project for Nurses, license lawyer for nurses in Florida, nurses with criminal history, Professional Regulation, reporting criminal history for nurses, RN, student nurses in Florida
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Thursday, June 7th, 2012
Most chemical dependency is generally defined as a chronic, progressive, and sometimes fatal disease with stages and a predictable course. How is chemical dependency best described in nursing? Impairment by nurses is generally characterized by the inability to perform their professional duties and responsibilities in a reasonable manner, consistent with standards acceptable for nurses. Unfortunately, impaired practice is not a new concern to the nursing profession. Since the early 1980s, it has been recognized as a common and serious problem in the industry. The American Nurses Association estimates that between six to eight percent of nurses are affected by substance abuse or dependence to the extent that job performance is impaired. This rate is consistent with that of the public.
Florida’s Intervention Project for Nurses (IPN) ensures public health and safety by providing an swift intervention/close monitoring and advocacy of nurses whose abilities may be impaired due to the use, misuse, or abuse of alcohol or drugs, or a mental and/or physical condition.
Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing regarding your nursing licensing issues. For a free consultation with an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.
Tags: administrative complaint, American Nurses Association, disciplinary actions against nurses, drug and alcohol abuse by nurses, Florida Board of Nursing, Florida Department of Health, Florida license attorney, Florida license lawyer, Florida Licensed Practical Nurse, Florida nurse license problems, Florida nurses, Florida nurses with substance abuse problems, Intervention for nurses in Florida, Interverntion Project for Nurses, IPN, LPN, nurse problems with drugs, Professional Regulation, reporting criminal history for nurses, RN
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Thursday, January 26th, 2012
The following information appears on Florida’s Department of Health website:
Intervention Project for Nurses (IPN) was established in 1984 through legislative action to ensure public health and safety through a program that provides close monitoring of nurses who are unsafe to practice due to impairment as a result of misuse or abuse of alcohol or drugs, or both, or due to a mental or physical condition which could affect the licensee’s ability to practice with skill and safety.
If you are interested in additional information on Florida’s impaired practitioner program for nurses, formally known as the Intervention Project for Nurses (IPN), you may contact
Mailing Address:
Intervention Project for Nurses (IPN)
P.O. Box 49130 | Jacksonville Beach, FL 32240-9130
Toll Free:
800.840.2720
End of information from the Florida Department of Health website.
Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing regarding licensing issues. To speak to an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.
Tags: administrative complaint, background screening for nurses, banning nurses for felony convictions, disciplinary actions against nurses, drug and alcohol abuse by nurses, Florida Board of Nursing, Florida Department of Health, Florida license, Florida license lawyer, Florida nurses, Florida Nurses Association, Florida nurses license issues, Florida registered nurse, Intervention Project for Nurses, IPN, mental impairment by nurses, Nurses criminal history in FL, Professional Regulation, reporting criminal history for nurses, RN, substance abuse by nurses, unlicensed activity, unlicensed professionals
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Friday, October 28th, 2011
|
Q: |
What crimes or license discipline must be reported on the application(for Florida Nurses)?
|
| A: |
Except for minor traffic violations not related to the use of drugs or alcohol, all convictions, guilty pleas and nolo contendere pleas must be reported, even if adjudication is withheld,. This includes misdemeanors, felonies, “driving while intoxicated (DWI)” and “driving under the influence “(DUI).” Crimes must be reported even if they are a suspended imposition of sentence. All prior or current disciplinary action against another professional license must be reported, whether it occurred in Florida or in another state or territory. |
This information appeared on the Florida Department of Health’s website under Florida Board of Nursing Frequently Asked Questions.
If you feel your Florida professional license/livelihood is in jeopardy contact us.
Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Nursing regarding licensing issues. To speak to an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.
Tags: administrative complaint, banning nurses for felony convictions, disciplinary action, disciplinary actions against nurses, Florida Board of Nursing, Florida Department of Health, Florida license, Florida license attorney, Florida license lawyer, Florida nurses, Interverntion Project for Nurses, LPN, Nurses criminal history in FL, Nursing License, Professional Regulation, reporting criminal history for nurses, RN, unlicensed activity, unlicensed professionals
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Wednesday, May 4th, 2011
May 13, 2011
Meeting and Long-range Policy Planning Session: Orlando
Rosen Shingle Creek
9939 Universal Boulevard | Orlando 32819
(407) 996- 9939
Agenda Deadline: April 13, 2011
June 1-3, 2011
Embassy Suites Jacksonville Baymeadows
9300 Baymeadows Road | Jacksonville 32256
(904) 731-3555
Agenda Deadline: May 3, 2011
August 3-5, 2011
Embassy Suites – USF/Busch Gardens
3705 Spectrum Boulevard | Tampa 33612
(813) 977-7066
Agenda Deadline: July 7, 2011
October 5-7, 2011
Embassy Suites Jacksonville Baymeadows
9300 Baymeadows Road | Jacksonville 32256
(904) 731-3555
Agenda Deadline: September 9, 2011
November 30 – December 2, 2011
Hilton Ft. Lauderdale Airport Hotel
1870 Griffin Road | Dania Beach 33004
(954) 920-3300
Agenda Deadline: November 1, 2011
This information was obtained on the Florida Department of Health’s website. These dates and locations are subject to change. Also, the Board will notify applicants and licensees of their required appearances.
If you are a Florida RN, LPN or CNA or a Florida nursing student with licensing issues, Soreide Law Group, PLLC, represents nurses in disciplinary hearings in front of the Florida Department of Nursing. If you need to speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website at www.floridaprofessionallicense.com.
Tags: administrative complaint, background screening for nurses, banning nurses for felony convictions, board of nursing hearing dates, Board of Nursing Locations, CNA, disciplinary actions against nurses, exemptions for Florida nurses, Florida Board of Nursing, Florida Board of Nursing Dates and Locations, Florida Department of Health, Florida license, Florida license attorney, Florida license lawyer, Florida LPN, Florida nurses, Florida Nurses Association, Florida nursing students, Florida RN, Interverntion Project for Nurses, IPN, LPN, Nurses criminal history in FL, nurses with criminal history, nursing hearing, nursing students, Professional Regulation, reporting criminal history for nurses, RN, unlicensed activity, unlicensed professionals
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Wednesday, April 13th, 2011
On Florida’s Department of Health’s website it states that background screening for employment purposes may be required for the Registered Nurse (RN), License Practical Nurse (LPN) or Certified Nursing Assistant (CNA) depending on their place of employment. It is the responsibility of the employer to meet this requirement. When this screening is required, it is pursuant to Florida Statute 435.
Exemption
The RN, LPN or CNA may apply for an exemption hearing/review. This is a request for the Department of Health to review the applicant’s total background to determine if an exemption can be granted. The RN, LPN or CNA must provide information about his criminal history, employment history, rehabilitation, reference letters, probation notices, and whatever else may be pertinent.
Posted on the Florida Agency for Health Care Administration website was the following information.
A person is not eligible to apply for an Exemption from Disqualification until:
o He/she has been lawfully released from confinement, probation or other sanction for a disqualifying misdemeanor criminal offense;
o At least 3 years after he/she has been lawfully released from confinement, probation or other sanction for a disqualifying felony criminal offense.
o Persons designated as sexual predators, sexual offenders or career offenders are not eligible for an Exemption from Disqualification.
Who must apply for an exemption?
Any individual employed or seeking employment with a health care provider licensed by the Agency for Health Care Administration that has been notified by the employer that they have:
- been found guilty of, regardless of adjudication, or entered a plea of guilty or nolo contendre to any of the criminal offenses listed in sections 435.03(2) , 435.04(2), and 408.809 Florida Statutes.
The health care providers that may require you to have an exemption in order to work are:
| Adult Day Care Center |
Health Care Services Pool |
Nurse Registry |
| Adult Family Care Home |
Home Health Agency |
Nursing Homes |
| Assisted Living Facility |
Home Medical Equipment |
Prescribed Pediatric Extended Care |
| Community Mental Health |
Homemaker/Companion Service |
Residential Treatment Facility/Center |
| Crisis Stabilization Unit |
Hospice |
|
| Health Care Clinic |
ICF/DD |
If you are a Florida RN, LPN or CNA or a Florida nursing student with licensing issues,
Soreide Law Group, PLLC, represents nurses in disciplinary hearings in front of the Florida Department of Nursing. If you need to speak to a lawyer regarding your nursing license please call: (
888) 760-6552, or visit our website at
www.floridaprofessionallicense.com.
Tags: administrative complaint, background screening for nurses, CNA, CNA certification, DBPR, Department of Business and Professional Regulation, disciplinary action, disciplinary actions against nurses, Exemption hearings for CNAs in FL, Exemption hearings for FL nurses, Exemption hearings for Florida LPNs, exemptions for Florida nurses, Florida Board of Nursing, Florida Certified Nursing Assistant, Florida Department of Health, Florida license, Florida license attorney, Florida license lawyer, Florida Licensed Practical Nurse, Florida nurses, Florida registered nurse, Interverntion Project for Nurses, IPN, LPN, Nurses criminal history in FL, nurses with criminal history, Professional Regulation, RN, unlicensed activity, unlicensed professionals
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Sunday, February 6th, 2011
| Title XXXIIREGULATION OF PROFESSIONS AND OCCUPATIONS |
Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS |
456.0635
Medicaid fraud; disqualification for license, certificate, or registration.
—
(1)Medicaid fraud in the practice of a health care profession is prohibited.
(2)Each board within the jurisdiction of the department, or the department if there is no board, shall refuse to admit a candidate to any examination and refuse to issue or renew a license, certificate, or registration to any applicant if the candidate or applicant or any principal, officer, agent, managing employee, or affiliated person of the applicant, has been:
(a)Convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony under chapter 409, chapter 817, chapter 893, 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, 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;
(b)Terminated for cause from the Florida Medicaid program pursuant to s.
409.913, unless the applicant has been in good standing with the Florida Medicaid program for the most recent 5 years;
(c)Terminated for cause, pursuant to the appeals procedures established by the state or Federal Government, from any other state Medicaid program or the federal Medicare program, unless the applicant has been in good standing with a state Medicaid program or the federal Medicare program for the most recent 5 years and the termination occurred at least 20 years prior to the date of the application.
(3)Licensed health care practitioners shall report allegations of Medicaid fraud to the department, regardless of the practice setting in which the alleged Medicaid fraud occurred.
(4)The acceptance by a licensing authority of a candidate’s relinquishment of a license which is offered in response to or anticipation of the filing of administrative charges alleging Medicaid fraud or similar charges constitutes the permanent revocation of the license.
History.
—s. 24, ch. 2009-223.
This information appeared on “Online Sunshine” the Offical Internet Site of the Florida Legislature.
If you are a Florida student in any health field or a Florida professional license holder in any health fields with licensing issues, Soreide Law Group will represent you in disciplinary hearings in front of the appropriate Board. If you need to speak to a lawyer regarding your licensing issues please call: (888) 760-6552, or visit our website at www.floridaprofessionallicense.com.
Tags: administrative complaint, banning nurses for felony convictions, disciplinary action, disciplinary actions against nurses, disqualification for medical licenses, Florida Board of Health, Florida Board of Nursing, Florida Department of Health, Florida health care professionals, Florida license, Florida license attorney, Florida license lawyer, Florida nurses, health, Health Care Licensing Board, health care professionals, Health care worker convicted of felony, Health professionals, Interverntion Project for Nurses, Licensed health care practitioners, LPN, Medicaid fraud, Nursing felony convictions, nursing licence denial, Professional Regulation, regulations of health care professionals, RN, Sate of Florida Licensing requirements, Soreide Law Group PLLC, terminating health care worker for felony convictions, unlicensed professionals
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