In one of the more prominent healthcare investigations that rocked the world, Lucy Letby, a neonatal nurse at the Countess of Chester Hospital in Cheshire, England, was charged with the murder of several newborns under her care between 2015 and 2016. It highlights the importance of vigilant oversight, robust investigation processes, and the critical role of healthcare professionals in safeguarding vulnerable patients, which is what licensing is supposed to help guard against.
While a criminal conviction like Lucy Letby’s is extreme and immediate grounds for license revocation in Florida, what about other situations? And can a revoked nursing license even be reinstated in Florida? You need the right attorney to defend your nursing license to start. Find out about the revocation and suspension of nursing licenses below.
Revoked vs. Suspended Nursing License in Florida
The short answer: when a nurse’s license is suspended, it is a temporary penalty. When the state revokes a license, it’s permanent.
The longer answer: The most you can do is apply for a new license if yours is revoked and only if the revocation permits the licensee to reapply. In these very specific cases, there are steps you may take to apply for a new one, but only if the revocation permits it. The process is long, complex, rigorous, and not guaranteed; it typically includes a waiting period, compliance with terms and conditions, a lengthy application process, continuing education, a criminal background check, and a hearing before The Florida Board of Nursing. Sometimes, they specifically say that you cannot reapply.
On the other hand, when the state suspends a license, it will impose a suspension period, which can be conditional, and followed by an evaluation. For instance, it is possible that a nurse may get their license back after completing a specific program or course, such as a recovery program. Or sometimes, the suspension is followed by a probation period.
Importantly, just because a suspension is temporary doesn’t mean it isn’t a serious penalty. Medical malpractice and gross negligence often result in license suspensions and other punishments.
What Leads to a Nursing License Suspension in Florida?
Florida Statute 464.018 details the instances in which the state can take disciplinary action against one’s nursing license. Some of these instances include:
- Procuring, attempting to procure, or renewing a nursing license by
- Bribery
- Knowing misrepresentations
- An error by the department or nursing board
- If the licensing authority of another state, territory, or country revokes, suspends, or acts against your license, including the denial of licensure
- If you enter a plea of nolo contendere or guilty to one of the following crimes:
- Abuse, neglect, or exploitation
- Assault, battery, or culpable negligence
- Child abuse, abandonment, or neglect
- Domestic violence
- Filing a false report or negligently failing to file a report
- Forcible felony
- Fraudulent practices
- Lewdness or indecent exposure
- Possession, sale, or distribution of controlled substances
- Theft or robbery
Licensure revocation, although extreme, is not uncommon. The list above is not exhaustive, and you can expect the Board or the Department to revoke your license for many reasons.
The Board of Nursing will often revoke the licenses of those who commit a violation that the law considers a bar to licensure or that the medical boards find irredeemable. For example, if the state convicts a nurse of a criminal crime, you can expect the Board to revoke their nursing license and not just suspend it.
How to Prepare for a Hearing on Healthcare License Reinstatement
Sometimes the suspension lifts automatically. Other times, you must petition the board for a hearing to attempt to get your license back after a suspension. In the hearing, you will provide evidence to the board to show you are meeting the state’s conditions to get your license back.
To best prepare for your hearing, you want to seek legal advice and representation from a professional as early as possible. A healthcare license reinstatement lawyer can assist, as they specialize in matters involving the Department of Health (DOH) and medical boards.
How Will an Attorney Help With a Nursing License Suspension?
A healthcare license reinstatement lawyer will help you understand the terms of the final order, which imposes the suspension. Then, they will guide you through the hearing process and participate in it with you.
Because the suspension involves areas of the law most nurses (and criminal defense attorneys) are not familiar with, their expertise goes a long way in learning how to present evidence to the board and respond to questions from the board. With an experienced lawyer, it’s easier to navigate the hearing process, present the best evidence, and increase your odds of getting your license back. For a full explanation of the entire process and why it’s crucial to have legal counsel, visit the FL DOH’s investigative and administrative complaint processes page.
What to Expect at the Hearing?
The board has a regular schedule to hear all petitions and will schedule you for one of these particular dates. When it’s your turn to present, the court will call your name, and you must announce yourself. If you fail to announce yourself, you may lose the opportunity to present your evidence.
After presenting yourself, you and your lawyer can state your case and present your evidence.
What If You’re Denied Reinstatement of Your Nursing License?
If the state denies your request, your license will remain suspended.
In most cases, the state denies a petition because the petitioner hasn’t yet met all the terms of the final order or doesn’t have an evaluation from a program that would clear them to begin working again.
You should work to meet all the conditions of the final order before petitioning the court a second time for reinstatement.
Protect Your Career with Lauren A. Leikam, PLLC
If you’re facing a license suspension or possible revocation, book a free consultation with Lauren A. Leikam, PLLC, to learn how she can assist you. Lauren previously worked for Florida’s Department of Health and now helps licensed healthcare professionals. With over a decade of experience that includes working in the FL DOH’s Prosecution Services Unit, Lauren is an excellent resource to advocate for you legally.
