Pursuing a career in nursing is a noble and rewarding choice, but what happens if you run into some personal challenges and end up with a felony on your criminal record? Many people wonder if they can still become a nurse after a felony conviction, particularly in Florida, where medical licensing is highly regulated.
As someone who previously served as a prosecutor for the Florida Department of Health (DOH), I can offer guidance into the process. Now, I help defend healthcare professionals who face challenges with criminal backgrounds like these. I’d like to share some insight into the complexities of becoming or remaining a nurse with a felony.
Can a Felon Become a Nurse in Florida?
This is one of the most common questions I hear. Transparently, even a misdemeanor could disqualify you from licensure. However, the nature of the felony, how long ago it occurred, and whether the person has made positive changes since can all play a significant role. There are also certain felonies that are non-starters and would disqualify you from the application process.
The Florida Board of Nursing considers various factors when deciding whether to approve a nursing license for someone with a felony conviction. According to Florida Statute 456.0635 (2), there are certain felonies that the board cannot approve licenses (no exceptions), and it gives lengths of time an applicant has to wait. Since this is a rather lengthy statute, I’ll cover the main points here. Please give my office a call for your particular situation.
Disqualifying factors for examination and licensure include applicants who have:
- Been convicted of or pled guilty/no contest to specific felonies unless probation and sentencing requirements are met:
- For first or second-degree felonies, over 15 years must have passed since completion of sentencing.
- For third-degree felonies, over 10 years must have passed.
- For third-degree felonies, over 5 years must have passed.
- Been convicted of certain federal health care-related felonies unless over 15 years have passed since sentencing and probation completion.
- Been terminated for cause from the Florida Medicaid program unless in good standing with Florida Medicaid for the past 5 years.
- Been terminated for cause from any other state Medicaid program unless reinstated in good standing with a Medicaid program for 5 years and the termination occurred over 20 years ago.
- Are currently listed on the U.S. Department of Health and Human Services’ Office of Inspector General’s Exclusion List, except if listed solely due to a student loan default.
Becoming a Registered Nurse When You Have a Criminal Record
If you have a felony on your record and want to become a nurse in Florida, here’s what you need to know about pursuing a nursing career or keeping your nursing license from revocation.
Disclosure is Crucial
You must fully disclose your criminal history when applying for licensure. The Nursing Board requires all applicants to undergo a criminal background check so that any prior convictions or criminal findings will surface during this background screening process. Trying to hide your past will only hurt your chances.
Failing to disclose any findings of guilt, pleas of guilty, or pleas of nolo contendre, even one you think is minor or irrelevant, could lead to your application for nursing licenses being denied. Always be upfront about your history.
If you have concerns about how to present this information, it’s wise to consult with an attorney such as myself, who is experienced in healthcare licensing issues. It’s not advisable to deal with the Nursing Board or DOH directly on your own without legal representation.
Types of Felonies Matter
The Board of Nursing places significant weight on the type of felony you were convicted of. Some criminal records are more likely to result in a denial than others. Felonies in Florida under Chapter 409, Chapter 817, or Chapter 893 (or similar crimes in another jurisdiction), which include crimes related to social and economic assistance, fraudulent practices, and drug abuse prevention and control. These types of crimes raise questions about your fitness to care for vulnerable patients, risks associated with controlled substances in healthcare settings, or dishonesty in a profession that relies heavily on trust.
Time Does Not Always Heal When it Comes to Criminal Convictions
How long ago the felony occurred may be a key consideration in the decision-making process by the State Board, but unfortunately, you can’t count on it.
Additionally, if you’ve committed multiple offenses, even over a long period of time, the Board may question your suitability for a nursing license.
Rehabilitation and Character
One thing that could make a difference, along with many other variables, is demonstrating that you have taken responsibility for your past actions and have worked hard to rehabilitate yourself. This could include:
- Attending rehabilitation programs or counseling
- Participating in community service
- Obtaining positive references from employers, mentors, or community leaders
- Demonstrating a stable work history
You will likely need to show the Board that you are now of good moral character and that your past actions do not define who you are today.
What About Current Nurses with a Felony?
Maintaining Your Nursing License When You Have a Criminal Record
If you’re already a registered nurse in Florida with an active CNA, LPN, RN, or APRN license, and you’ve been convicted of a felony, your nursing license is very much in jeopardy. Florida law requires licensed, registered nurses everywhere to self-report any felony convictions, findings of guilt, pleas of guilty, or pleas of nolo contendere to the Board of Nursing within 30 days. Failing to report a conviction can lead to disciplinary action, including license suspension or revocation.
Again, according to Florida Statute 456.0635 (3), there are certain felonies where the board cannot renew nursing licenses, and you’d have to wait out the required length of time before you can try.
If the Board becomes aware of your conviction, they will evaluate whether you can continue practicing as a nurse. In these situations, it’s crucial to contact me immediately as an experienced nursing license defense attorney who understands healthcare licensing laws and can help you present your case to the licensing board in the best possible light.
Can You Still Practice with a Compact Nurse License and a Felony in Florida?
Florida participates in the Enhanced Nurse Licensure Compact (eNLC), which permits registered nurses and licensed practical nurses with a license in one Compact State to work in other Compact States without needing an additional license. Nurses practicing under the eNLC to comply with the nursing laws and regulations of the state where they are providing care.
Unfortunately, , you cannot practice as a nurse with a compact license in Florida if you have a felony conviction on your record. Florida considers any felony conviction, even if adjudication was withheld, as a barrier to obtaining a nursing license, including a compact license. You also cannot have a misdemeanor crime related to the practice of nursing (determined on a case-by-case basis).
Why Have Leikam Law Handle Your Criminal Conviction Issues?
As you can see, navigating the complexities of becoming or remaining a nurse with a felony can be overwhelming. Every case is different, and outcomes can vary depending on the details of criminal charges and your situation. If you’re unsure how your felony conviction may impact your ability to become or stay a nurse in Florida, it’s essential to seek legal advice.
At Leikam Law, I have experience in medical license defense, particularly for healthcare professionals who face challenges with the Florida Board of Nursing. I understand how stressful this process can be, and I’m here to help you navigate it. My previous experience as a prosecutor for the DOH allows me to provide valuable insights into how the system works.
Talk to Leikam Law Today About Your Criminal Offenses
Becoming a nurse with a criminal background in Florida is challenging, but it’s essential to take the high road—and hire an attorney experienced in healthcare law. You can improve your chances of obtaining or maintaining your nursing license by being transparent, demonstrating your rehabilitation efforts, and seeking the proper legal guidance. Every case is unique, and it’s essential to approach it with care.
If you need assistance, contact me today. Together, we can work toward protecting your future in the nursing profession.
