Posts Tagged ‘unlicensed professionals’

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Discipline Actions Against 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.

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Use a Licensed CPA to Prepare Your Taxes

Friday, January 25th, 2013
On Florida’s Department of Business and Professional Regulation’s website, they remind the public  that it’s tax season, and at DBPR they work with the Florida Institute of Certified Public Accountants (FICPA) to remind people that before they hire a certified public accountant, they should check to make sure that person has a state license. Unlicensed certified public accounting activity not only takes jobs away from licensed Florida professionals, it can also cause serious financial harm to consumers.
The DBPR works to educate the public about the importance of using licensed professionals. Florida state licenses for certified public accountants, can be checked at the Florida license website. Make sure to check before you hire a CPA this tax season.
Also, CPA’s, make sure your license is current and in good standing.  Remember, your license is your livelihood.
Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent CPA’s in front of the Florida Board of Accountancy (BOA) regarding any licensing issues. For more information about professional licensing law please visit our website at: http://www.floridaprofessionallicense.com or call to speak with an attorney at: (888) 760-6552.

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All Florida Engineers Must Renew Licenses by February 28, 2012

Monday, January 14th, 2013

The following appeared on the (FBPE) Florida Board of Professional Engineers’ website.

 

“All current and active licenses for Florida engineers are set to expire on February 28, 2013.  Licensure renewal officially opened on November 5, 2012.”

 

The FBPE has provided valuable information, guidelines and explanations of changes that have been made.  We highly recommend visiting the FBPE’s website for the most current and up-to-date information.

If you feel your Florida professional license is in jeopardy contact us. Remember, your license is your livelihood.

Soreide Law Group will represent you in front of the Florida Board of Professional Engineers regarding licensing issues.  To speak with an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.

 

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Discipline of Florida Licensed Real Estate Appraisers

Thursday, January 10th, 2013

The following appeared on the “The 2012 Florida Statutes” from the Official Internet Site of the Florida Legislature. This is a listing of the Statutes from the State of Florida regarding the discipline of real estate appraisers.

“475.624 Discipline of appraisers.—The board may deny an application for registration or certification of an appraiser; may investigate the actions of any appraiser registered, licensed, or certified under this part; may reprimand or impose an administrative fine not to exceed $5,000 for each count or separate offense against any such appraiser; and may revoke or suspend, for a period not to exceed 10 years, the registration, license, or certification of any such appraiser, or place any such appraiser on probation, if the board finds that the registered trainee, licensee, or certificateholder:

(1) Has violated any provision of this part or s. 455.227(1); however, any appraiser registered, licensed, or certified under this part is exempt from s. 455.227(1)(i).
(2) Has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest conduct, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a contract, whether written, oral, express, or implied, in an appraisal assignment; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial to the guilt of the registered trainee appraiser or licensed or certified appraiser that the victim or intended victim of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer or a person in confidential relation with the registered trainee appraiser or licensed or certified appraiser, or was an identified member of the general public.
(3) Has advertised services in a manner that is fraudulent, false, deceptive, or misleading in form or content.
(4) Has violated any provision of this part or any lawful order or rule issued under this part or chapter 455.
(5) Has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the activities of a registered trainee appraiser or licensed or certified appraiser or that involves moral turpitude or fraudulent or dishonest conduct. The record of a conviction certified or authenticated in such form as admissible in evidence under the laws of the state shall be admissible as prima facie evidence of such guilt.
(6) Has had a registration, license, or certification as an appraiser revoked, suspended, or otherwise acted against; has been disbarred; has had her or his registration, license, or certificate to practice or conduct any regulated profession, business, or vocation revoked or suspended by this or any other state, any nation, or any possession or district of the United States; or has had an application for such registration, licensure, or certification to practice or conduct any regulated profession, business, or vocation denied by this or any other state, any nation, or any possession or district of the United States.
(7) Has become temporarily incapacitated from acting as an appraiser with safety to those in a fiduciary relationship with her or him because of drunkenness, use of drugs, or temporary mental derangement; however, suspension of a license, certification, or registration in such cases shall only be for the period of such incapacity.
(8) Is confined in any county jail, postadjudication; is confined in any state or federal prison or mental institution; or, through mental disease or deterioration, can no longer safely be entrusted to deal with the public or in a confidential capacity.
(9) Has failed to inform the board in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony.
(10) Has been found guilty, for a second time, of any misconduct that warrants disciplinary action, or has been found guilty of a course of conduct or practice that shows that she or he is incompetent, negligent, dishonest, or untruthful to an extent that those with whom she or he may sustain a confidential relationship may not safely do so.
(11) Has made or filed a report or record, either written or oral, that the registered trainee appraiser or licensed or certified appraiser knows to be false; has willfully failed to file a report or record required by state or federal law; has willfully impeded or obstructed such filing; or has induced another person to impede or obstruct such filing. However, such reports or records shall include only those that are signed or presented in the capacity of a registered trainee appraiser or licensed or certified appraiser.
(12) Has obtained or attempted to obtain a registration, license, or certification by means of knowingly making a false statement, submitting false information, refusing to provide complete information in response to an application question, or engaging in fraud, misrepresentation, or concealment.
(13) Has paid money or other valuable consideration, except as required by this section, to any member or employee of the board to obtain a registration, license, or certification under this section.
(14) Has violated any standard of professional practice established by rule of the board, including standards for the development or communication of a real estate appraisal.
(15) Has failed or refused to exercise reasonable diligence in developing an appraisal or preparing an appraisal report.
(16) Has failed to communicate an appraisal without good cause.
(17) Has accepted an appraisal assignment if the employment itself is contingent upon the appraiser reporting a predetermined result, analysis, or opinion or if the fee to be paid for the performance of the appraisal assignment is contingent upon the opinion, conclusion, or valuation reached upon the consequences resulting from the appraisal assignment.
(18) Has failed to timely notify the department of any change in business location, or has failed to fully disclose all business locations from which she or he operates as a registered trainee appraiser or licensed or certified appraiser.”
This ends the article from the website.

If you feel your Florida professional 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 Real Estate Appraisal Board and/or the Florida Real Estate Commission regarding licensing issues. To speak to an attorney, please call: (888)760-6552 or visit our website at: http://www.floridaprofessionallicense.com.

 

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Florida Veterinary Medicine

Wednesday, January 9th, 2013

The following information was obtained from the Florida Department of Business and Professional Regulation’s website listed under Board of Veterinary Medicine.  This is just a fraction of the Florida Statutes listed under Disciplinary proceedings.

“474.214 Disciplinary proceedings.—

(1) The following acts shall constitute grounds for which the disciplinary actions in subsection (2) may be taken:

(a) Attempting to procure a license to practice veterinary medicine by bribery, by fraudulent representations, or through an error of the department or the board.
(b) Having a license or the authority to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including any agency or subdivision thereof. The licensing authority’s acceptance of a veterinarian’s relinquishment of a license, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of administrative charges against the veterinarian’s license or authority to practice, shall be construed as action against the veterinarian’s license or authority to practice.
(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of veterinary medicine or the ability to practice veterinary medicine. Any crime which demonstrates a lack of regard for animal life relates to the ability to practice veterinary medicine. In addition, crimes relating to the ability to practice veterinary medicine shall include, but not be limited to, crimes involving any violation of state or federal drug laws.
(d) Making or filing a 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 impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed veterinarian.
(e) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.
(f) Violating any provision of this chapter or chapter 455, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing, or failing to comply with a lawfully issued subpoena of the department.
(g) Practicing with a revoked, suspended, inactive, or delinquent license.
(h) Being unable to practice veterinary medicine with reasonable skill or safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition. In enforcing this paragraph, upon a finding by the secretary, the secretary’s designee, or the probable cause panel of the board that probable cause exists to believe that the licensee is unable to practice the profession because of the reasons stated in this paragraph, the department shall have the authority to compel a licensee to submit to a mental or physical examination by a physician designated by the department. If the licensee refuses to comply with the department’s order, the department may file a petition for enforcement in the circuit court of the circuit in which the licensee resides or does business. The licensee shall not be named or identified by initials in any other public court records or documents and the enforcement proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee affected under this paragraph shall be afforded an opportunity at reasonable intervals to demonstrate that she or he can resume the competent practice for which she or he is licensed with reasonable skill and safety to patients. Neither the record of proceedings nor the orders entered by the board in any proceedings under this paragraph shall be used against a licensee in any other proceedings.
(i) Judicially determined mental incompetency. However, a license suspended for this cause may be reinstated upon legal restoration of the competency of the individual whose license was so suspended.”
This ends the information from the DBPR’s website.
Again, this was only a fraction of the statutes relating to discipline, licensing and regulating veterinarians.  The board meets regularly to consider applications for licensure, to review disciplinary cases, and to conduct informal hearings relating to licensure and discipline.
Remember, your license is your livelihood.
The Soreide Law Group will represent you in front of the Florida Board of Veterinary Medicine. To speak to a lawyer regarding licensing issues please call: (888) 760-6552, or visit our website at: www.floridalicenselaws.com

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Florida CPA License Requirements

Tuesday, January 8th, 2013

On the Florida Department of Business and Professional Regulation’s website under “Division of Certified Public Accounting,” the requirements for obtaining a CPA are listed as the following:  This information can be found on the DBPR’s website.

 

“REQUIREMENTS FOR LICENSURE

  • PASS ALL FOUR PARTS OF CPA EXAMINATION: with at least a 75%   within 18 month rolling period.
  • ONE YEAR WORK EXPERIENCE:  Must be  verified by a   licensed CPA (This experience can be obtained prior to the application, while   sitting for the exam or after all four parts of the exam has been passed. However, requirements to sit for the exam must be met before work experience commences.)
  • TOTAL REQUIRED HOURS: 150 semester or 200 quarter hours
  • TOTAL UPPER DIVISION ACCOUNTING HOURS:  36 semester or 54   quarter to include the following:  Taxation, Auditing, Financial,   Cost/Managerial and Accounting Info Systems.
  • TOTAL UPPER DIVISION GENERAL BUSINESS HOURS:  39 semester   hours or 58 quarter hours to include the following:  six (6) semester hours   or eight (8) quarter hours of business law.  One course can be at a lower lever   (freshman or sophomore), the other course must be upper division (junior level   or higher).  Business Law 1 and Legal Environment of Business are often   considered duplicate.

Other important information:  These requirements include the   requirements to sit for the CPA exam under the 120 semester or 160 quarter hour   rule.”

This ends the information from the DBPR’s website.  We encourage anyone interested in the CPA requirements to obtain all current and changing information there.

Remember, your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent CPA’s in front of the Florida Board of Accountancy (BOA) regarding any licensing issues. For more information about professional licensing law please visit our website at: http://www.floridaprofessionallicense.com or call to speak with an attorney at: (888) 760-6552.

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Certified Public Accountants in the State of Florida

Monday, January 7th, 2013

The Florida Board of Accountancy (BOA) handles the requirements for certification, licensure, and reciprocity. Also, the BOA provides information on the May and November CPA exams and is able to verify if someone is certified and/or licensed in Florida.

The BOA has addresses and phone numbers for Florida CPAs and provides information to out-of-state firms seeking temporary permits.

All questions regarding Florida law and rules pertaining to the practice of public accountancy and who sends out law and rules exam and CPE Reporting Forms should be directed to the BOA.

Know your licensing requirements.  Your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent CPA’s in front of the Florida Board of Accountancy (BOA) regarding any licensing issues. For more information about professional licensing law please visit our website at: http://www.floridaprofessionallicense.com or call to speak with an attorney at: (888) 760-6552.

 

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Disciplinary Actions in Osteopathic Medicine

Tuesday, December 18th, 2012
The following was found on Florida’ Legislature website, which is the official custodian of the statutes. These were listed under OSTEOPATHIC MEDICINE statutes.  This is an example only and by no means complete.
“459.016 Reports of disciplinary actions by medical organizations.—
(1) The department shall be notified when any osteopathic physician:

(a) Has been removed or suspended or has had any other disciplinary action taken by her or his peers within any professional medical association, society, body, or professional standards review organization established pursuant to Pub. L. No. 92-603, s. 249F, or similarly constituted professional organization, whether or not such association, society, body, or organization is local, regional, state, national, or international in scope; or
(b) Has been disciplined, which shall include allowing an osteopathic physician to resign, by a licensed hospital or medical staff of said hospital for any act that constitutes a violation of this chapter. If a physician resigns or withdraws from privileges when such facility notifies the physician that it is conducting an investigation or inquiry regarding an act which is potentially a violation of this chapter, the facility shall complete its investigation or inquiry and shall notify the department of the physician’s resignation or withdrawal from privileges if the completed investigation or inquiry results in a finding that such act constitutes a violation of this chapter for which the facility would have disciplined the physician or allowed her or him to resign or withdraw from privileges.

Within 20 days of receipt of such notification, upon board approval, the department shall notify all hospitals and health maintenance organizations in the state of any disciplinary action which is severe enough for expulsion or resignation reported pursuant to this subsection, identifying the disciplined physician, the action taken, and the reason for such action.

(2) Any organization taking action as set forth in this section shall report such action to the department within 30 days of its initial occurrence, regardless of the pendency of appeals therefrom. The notification shall identify the disciplined physician, the action taken, and the reason for such action. The department shall investigate the occurrence upon which the report was based and determine if action by the department against the osteopathic physician is warranted. Any organization failing to report such action pursuant to this section shall be subject to a fine assessed by the department in an amount not exceeding $1,000 for the first offense and not exceeding $5,000 for any offense thereafter.
(3) Any organization taking action as set forth in this section shall, upon department subpoena, provide copies of the records concerning the action to the department. However, those records shall be used solely for the purpose of the department and the board in disciplinary proceedings. The records shall otherwise be confidential and exempt from s.119.07(1). These records shall not be subject to discovery or introduction into evidence in any administrative or civil action.
(4) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, the department or any association, society, body, organization, hospital, hospital medical staff, or hospital disciplinary body or its agents, investigators, witnesses, or employees or any other person for any action taken without intentional fraud in carrying out the provisions of this section. However, this exemption applies only to actions taken in providing notice pursuant to this section.”
This ends the information from the Florida statutes.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent you in front of the Florida Board of Osteopathic Medicine regarding your licensing issues. For a free consultation with a lawyer, please call: (888) 760-6552, or visit our website at http://www.floridaprofessionallicense.com

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Requirements for Florida CPA’s

Wednesday, December 12th, 2012

On Florida’s Department of Business and Professional Regulation’s website, the following is listed under:

DIVISION OF PUBLIC ACCOUTING

“REQUIREMENTS FOR LICENSURE

  • PASS ALL FOUR PARTS OF CPA EXAMINATION: with at least a 75% within 18 month rolling period.
  • ONE YEAR WORK EXPERIENCE: Must be verified by a licensed CPA (This experience can be obtained prior to the application, while sitting for the exam or after all four parts of the exam has been passed. However, requirements to sit for the exam must be met before work experience commences.)
  • TOTAL REQUIRED HOURS: 150 semester or 200 quarter hours
  • TOTAL UPPER DIVISION ACCOUNTING HOURS: 36 semester or 54 quarter to includethe following: Taxation, Auditing, Financial, Cost/Managerial and Accounting Info Systems.
  • TOTAL UPPER DIVISION GENERAL BUSINESS HOURS: 39 semester hours or 58 quarter hours to include the following: six (6) semester hours or eight (8) quarter hours of business law. One course can be at a lower lever (freshman or sophomore), the other course must be upper division (junior level or higher). Business Law 1 and Legal Environment of Business are often considered duplicate.

Other important information: These requirements include the requirements to sit for the CPA exam under the 120 semester or 160 quarter hour rule.”

This ends the information on the DBPR’s website. This information is of a partial nature only, and is not meant to replace the very valuable information from Florida’s DBPR.  We recommend visiting the website regularly for any updates or changes in rules and regulations.

Know Florida’s requirements for licensure. Your license is your livelihood.

Attorney Lars Soreide, of Soreide Law Group, PLLC, will represent CPA’s in front of the Florida Board of Accountancy (BOA) regarding any licensing issues. For more information about professional licensing law please visit our website at: http://www.floridaprofessionallicense.com or call to speak with an attorney at: (888) 760-6552.

 

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