Florida Woman Uses Forged License to Practice Nursing

indest1By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A Florida woman allegedly used a fake state nursing license to pose as a nurse and then treat patients at their homes, according to the Lake County, Florida, Sheriff’s Office. The woman is accused of treating patients at least seven times, but the sheriff’s office stated there may be more victims. The fake nurse was arrested on September 27, 2013. She faces charges of working as a nurse without a license and using a forged state document.

To read the Orlando Sentinel article, click here.

This is not the woman’s first time in trouble with law enforcement. Earlier this year she was allegedly arrested for running an unlicensed assisted living facility (ALF), according to WFTV, the ABC affiliate in Orlando, Florida.

Used Another Nurse’s License Number to Dupe Employer.

According to the Orlando Sentinel, the fake nurse was hired at TLC Home Care Facilities in Leesburg, Florida, in May 2013, after presenting the forged nurse license to her employer. Part of the phony nurse’s job was to treat patients at their home, including administering blood pressure checks and dispensing medications.

An audit of TLC Home Care facilities by the Department of Health (DOH) uncovered that the phony nurse was allegedly using the same nursing license number as a woman with a similar name. The legitimate nurse actually works at St. Petersburg General Hospital.

Fake Nurse Previously Arrested for Similar Charges.

In December 2012, the same woman was arrested for scheming to defraud and criminal use of personal information, according to WFTV.

Then in March 2013, the Florida Attorney General’s (AG) Medicaid Fraud Control Unit (MFCU) arrested her again for running an unlicensed ALF. According to WFTV, the woman billed residents for more than $55,000 worth of services in spite of the fact she was operating a facility without a state-required license.

Click here to watch WFTV’s report.

More Stories on Fake Physicians and Other Fraudulent Professionals to Come.

In the near future on this blog we will include additional articles on fake doctors and health professionals.

To see a recent blog a fake Florida pharmacist sentenced to prison, click here. To read a blog on a phony dentist in Miami, click here. You can also read the blog on a fake plastic surgeon in New York by clicking here.

Contact Health Law Attorneys Experienced in Representing Nurses.

The Health Law Firm’s attorneys routinely represent nurses in Department of Health (DOH) investigations, in appearances before the Board of Nursing in licensing matters and in many other legal matters. We represent nurses across the U.S., and throughout Florida.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

Do you think it is too easy to forge a health care professional’s license? Should the home health facility be punished for not doing a thorough background check? Please leave any thoughtful comments below.

Sources:

Comas, Martin. “Woman Used Forged Documents to Work as a Nurse, Deputies Say.” Orlando Sentinel. (September 27, 2013). From: http://www.orlandosentinel.com/news/local/breakingnews/os-woman-assumed-nurse-identity-20130927,0,395526.story

Hughes, Ryan. “Deputies: Woman Pretending to be Nurse has been in Trouble Before.” WFTV. (September 27, 2013). From: http://www.wftv.com/videos/news/deputies-woman-pretending-to-be-nurse-has-been-in/vCDXSX/
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

 

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Nurses Need to Monitor Their Personal Nursys Profiles

CCS Blog LabelBy Carole C. Schriefer, R.N., J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Nurses, did you know that the status of your license and disciplinary actions taken against you are constantly being tracked by employers? It is actually relatively easy with the National Council of State Boards of Nursing (NCSBN) database, called Nursys. What’s even scarier is employers can sign up for an e-Notify option. This is an e-mail notification system that delivers real-time updates to employers about nurses. The Nursys’ e-Notify option is frequently used by hospitals and medical groups to regulate and screen employees. Click here to read a previous blog on Nursys.

It is imperative, as a nurse, you regulate your own profile regularly for discrepancies. You can do so by clicking here for the Nursys website.

Be Familiar with Nursys and the e-Notify Option.

Nursys is the only national database for license verification, discipline and practice privileges for registered nurses (RNs), licensed practical nurses (LPNs), practical nurses (PNs), certified nurse midwives (CNMs), certified nurse practitioners (CNPs), clinical nurse specialists (CNSs) and certified registered nurse anesthetists  (CRNAs). The data on Nursys comes directly from the Florida Board of Nursing and forty-six (46) other state nursing boards. The e-Notify option provides automatic email notifications of licensure status changes and discipline action changes to employers directly. Any institution that employs a nurse can track or check licensure and discipline information at any time.

Employers using Nursys have the ability to view and manage their institution’s nurse employees, including uploading nurse profiles, searching nurses by name, editing nurse information and viewing individual nurse reports.

Nursys Makes it Easy for Employers to Keep Tabs on Nurses.

According to the website, a nurse’s profile on Nursys contains:

-  the nurse’s name,
–  licensed jurisdiction,
–  license type
–  license number,
–  compact status (single state or multistate),
–  license original issue date,
–  license expiration date,
–  discipline against license, and
–  discipline against privilege to practice.

e-Notify will alert subscribers when then following changes are made to a nurse’s record:

-  license status,
–  license expirations, and
–  publicly available disciplinary and alert action and resolution.

Flaws in the Nursys Program.

If you have recently received discipline from the Florida Board of Nursing, or any other state board of nursing, it would be prudent to immediately check this website to verify that any information listed under your profile is accurate.  The website clearly states that it is the nurse’s responsibility to contact the board of nursing to update his or her information.

Our law firm has encountered errors on this database that our client contended caused him to lose employment opportunities. Be responsible for verifying the information on your personal profile.

Contact Health Law Attorneys Experienced in Representing Nurses.

The Health Law Firm’s attorneys routinely represent nurses in Department of Health (DOH) investigations, in appearances before the Board of Nursing in licensing matters and in many other legal matters. We represent nurses across the U.S., and throughout Florida.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

Did you know about Nursys? What do you think of the database? Do you monitor your profile? Please leave any thoughtful comments below.

About the Authors: Carole C. Schriefer is a nurse-attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone:  (407) 331-6620.

George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Kudos to Wyoming State Board of Nursing for its Accurate Information on its Website for Nurses

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

As a nurse, when you are the subject of a complaint that alleges improper conduct or action that could result in discipline against your license, finding correct information regarding the disciplinary process is vital. I’ve recently found that the Wyoming State Board of Nursing (BON) is one of the few nursing board websites that provide accurate information on discipline. On this website, there is information about  nurses’ legal rights, and explanations of the investigation or hearing process, for Advanced Practice Registered Nurses (APRNs), Registered Nurses (RNs), Licensed Practical Nurses (LPNs) and Certified Nursing Assistants (CNAs).

Click here to go to the Wyoming State BON website.

Wyoming State BON Website Provides Information Regarding the Board’s Duty of Reporting to National Practitioner Data Bank.

Information about nursing discipline actions was previously reported to the Healthcare Integrity and Protection Data Bank (HIPDB) by the Board taking action. The HIPDB collected reports made by federal and state licensing agencies, federal and state prosecutors, and federal and state government agencies that had excluded a practitioner, provider or supplier from their health plan.

On May 6, 2013, the HIPDB officially merged with the National Practitioner Data Bank (NPDB). The two data banks are now known as the NPDB. To read a blog on how this merger affects you, click here. For more information about NPDB, visit the website: http://www.npdb-hipdb.hrsa.gov/.

Wyoming Website Provides Information Regarding Actions by Office of Inspector General and the Exclusion List.

The Office of the Inspector General (OIG) has the authority to exclude individuals and entities from federally funded health care programs (Medicare, Tricare, Medicaid) and maintain a list of all currently excluded individuals and entities. This is called the List of Excluded Individuals and Entities (LEIE). Anyone who hires an individual or entity that is listed on the LEIE may be subject to civil monetary penalties (CMP).

The OIG has discretion to exclude individuals such as nurses or nursing assistants on a number of grounds, including misdemeanor convictions related to health care fraud (other than Medicare or a state health program); misdemeanor convictions relating to the unlawful manufacture, distribution, prescription, or dispensing of controlled substances; and purposes of disciplinary action by the Board including suspension, revocation or surrender of a license for reasons baring on professional competence or professional performance.

This means that if your license or certificate is suspended, revoked or voluntarily surrendered, your ability to be employed by a health care provider or facility that also receives federal funding, such as Medicare, may be precluded despite the statue of your licensure. In other words, once you are on the exclusion list and have not been taken off even after a reinstatement, you will not be able to be hired as a nurse or nursing assistant by medical facilities receiving federal funds.

To read more on the devastating and far-reaching effects of being excluded, click here.

The Wyoming BON website is the only one I have come across that accurately advises nurses of the collateral consequences of disciplinary action.

Legal Advice for Nurses in These Situations.

I want to commend the Wyoming State BON for including this information on its website. The information provides a great start for nurses with complaints against their licenses.

I’d like to offer up some additional advice. I encourage all nurses to buy insurance to cover license investigation legal defense expenses. Most nursing malpractice insurance policies are very inexpensive and provide excellent coverage. Most contain insurance coverage that will pay for an attorney and other legal defense expenses if you are being investigated or charged with a licensure offense. You should have at least $25,000 in coverage for such investigations and administrative proceedings.

Obtain an Experienced Health Law Attorney Immediately After Receiving Any Notification of an Investigation.

If the BON is investigating a complaint against your license, immediately obtain an experienced health law attorney to represent you throughout the investigation and disciplinary proceedings.

Contact Health Law Attorneys Experienced in Representing Nurses.

The Health Law Firm’s attorneys routinely represent nurses in Department of Health (DOH) investigations, in appearances before the Board of Nursing in licensing matters and in many other legal matters. We represent nurses across the U.S., and throughout Florida.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

What do you think of the information listed on the Wyoming State Board of Nursing website? Please leave any thoughtful comments below.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

What Nurses Need to Know about Florida Law and HIV Testing

indest9By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Section 381.004, Florida Statutes, provides for an increased level of protection of medical records that contain human immunodeficiency virus (HIV) test results. The super confidentiality requirements imposed by Florida law are viewed as the precautions which must be taken both before an HIV test can be performed and after the HIV test is performed to ensure patient confidentiality.

Pre-Test Requirements.

The administration of an HIV test requires the informed consent of the patient for whom the HIV results will be obtained. No person in Florida may order an HIV test without first obtaining the informed consent of the person upon whom the test is being performed. Section 381.004(3)(a), Florida Statutes. Consent need not be in writing if the medical record documents that consent was given. Section 381.004(3)(a), Florida Statutes. Informed consent must be preceded by an explanation of the right to confidential treatment of information identifying the subject of the test and the results of the test to the extent provided by law. Information must also be provided on the fact that a positive HIV test result will be reported to the county health department with sufficient information to identify the test subject and on the availability and location of sites at which anonymous testing is performed.

Post-Test Requirements.

Notification – Once an HIV test has been administered, there are a number of statutorily prescribed steps that a health care professional must follow. All reasonable efforts must be made to notify the test subject of his or her test result. Section 381.004(3)(c), Florida Statutes. Notification of a person with a positive test result will include information on the availability of appropriate medical and support services, the importance of notifying partners who may have been exposed, and preventing the transmission of HIV. When testing occurs in a hospital emergency department, detention facility, or other facility and the test subject has been released before being notified of positive test results, informing the county health department for that department to notify the test subject fulfills this responsibility. No test result shall be determined as positive, and no positive test result shall be revealed to any person, without corroborating or confirmatory tests being conducted except in the following situations:

1. Preliminary test results may be released to licensed physicians or the

medical or nonmedical personnel subject to the significant exposure for purposes of
subparagraphs (3)(h)10., 11., and 12.

2. Preliminary test results may be released to health care providers and to the
person tested when decisions about medical care or treatment of, or recommendation to, the person tested and, in the case of an intrapartum or postpartum woman, when care, treatment, or recommendations regarding her newborn, cannot await the results of confirmatory testing. Positive preliminary HIV test results shall not be characterized to the patient as a diagnosis of HIV infection. Justification for the use of preliminary test results must be documented in the medical record by the health care provider who ordered the test. This subparagraph does not authorize the release of preliminary test results for the purpose of routine identification of HIV-infected individuals or when HIV testing is incidental to the preliminary diagnosis or care of a patient. Corroborating or confirmatory testing must be conducted as followup to a positive preliminary test. Results shall be communicated to the patient according to statute regardless of the outcome. Except as provided in this section, test results are confidential and exempt from the provisions of Section. 119.07(1), Florida Statutes. Section 381.004(3)(d), Florida Statutes.

Confidentiality.

Once an HIV test has been performed and the results have been obtained, confidentiality must be preserved. The identity of any person upon whom a test has been performed and test results must be held confidential. Section 381.004(3)(e), Florida Statutes. No person who has obtained or has knowledge of an HIV test result may disclose or be compelled to disclose the identity of any person upon whom a test is performed, or the results of such a test in a manner which permits identification of the subject of the test,
except for the following reasons:

1. Patient Release. Consent for disclosure by the subject may be obtained in
a “legally effective release.” Section 381.004(3)(e)(1-2), Florida Statutes.

2. Authorized agents or employees of providers and facilities. Personnel
within a single facility or provider are authorized to disclose to each other
on a “need to know” basis.

3. Health care consultation. Health care providers that are not employees of
the same provider or facility may disclose HIV test results to each other
without the subject’s consent, provided they are involved in the care or
treatment of the test subject and the consultation is for the purpose of the
patient’s diagnosis or treatment. 381.004(3)(e)(4), Florida Statutes.

4. Department of Health. The Department may share HIV test results “in
accordance with rules for reporting and controlling the spread of disease,
as permitted by state law.” 381.004(3)(e)(5), Florida Statutes.

5. Transfer of body parts. Health care facilities and providers who transfer
body parts and semen, for the purposes of artificial insemination, may
disclose HIV test results to each other. 381.0041, Florida Statutes.

6. Health facility staff committees may disclose HIV test results for the
purposes of conducting program monitoring, program evaluation, or
service reviews pursuant to Chapters 395 and 766, Florida Statutes.

7. Research. HIV test results may be disclosed to authorized medical and
epidemiological researchers who are then prohibited from disclosing any
identifying characteristics or information regarding test subjects. Section
381.004(3)(e)(8), Florida Statutes.

8. Court Orders. Subpoenas are not sufficient under Florida law for the
release of HIV test results. A court order must be obtained and this
process is not easily accomplished. A “compelling need” must be
demonstrated by the individual seeking the results and the court must
balance this need against the test subject’s privacy rights as well as
public’s interests in privacy.

9. Workers’ Compensation. An administrative law judge of compensation
claims of the Division of Workers’ Compensation may authorize
disclosure of HIV test results, but only upon a finding that the person
seeking the test results has demonstrated a compelling need for the results.

10. Custodians of Children. Under Section 381.004(3)(e)(11), Florida
Statutes, there are three classes of persons allowed access to HIV test
results:

a. Department personnel and other employees “directly
involved in the placement, care, control or custody” of
the tested child who demonstrate a need to know;

b. Adoptive parents of the tested subject; or

c. An adult custodian, relative or other person responsible
for the child’s welfare if the parent or legal guardian
cannot be reasonably located and informed of the test
result.

Oral Disclosure.

Oral disclosure of HIV test results shall be accompanied by oral notice and followed by a written notice within 10 days. This written notice shall include the following statement: “This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of such information without the specific written consent of the person to whom such information pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is NOT sufficient for this purpose.” Section 381.004(3)(f).

Penalties.

Any violation of this section by a facility or a licensed health care provider is grounds for
disciplinary action contained in the facility’s or professional’s respective licensing chapter. Any person who violates the confidentiality provisions commits a misdemeanor of the first degree. Any person who obtains information that identifies an individual who has a sexually transmissible disease, including human immunodeficiency virus or acquired immunodeficiency syndrome, who knew or should have known the nature of the information and maliciously, or for monetary gain, disseminates this information or otherwise makes this information known to any other person, except by providing it either to a physician or to a nurse employed by the department or to a law enforcement agency, commits a felony of the third degree. Section 381.004(6), Florida Statutes

Conclusion.

The use of tests designed to reveal a condition indicative of human immunodeficiency virus infection is a valuable tool in protecting the public health. Many members of the public are deterred from seeking such testing because they misunderstand the nature of the test or fear that test results will be disclosed without their consent. The laws imposed on the super confidentiality of HIV testing are intended to benefit the public health and the public will be benefited by the nursing profession, when those nurses serve by facilitating informed, voluntary, and confidential use of tests designed to detect human immunodeficiency virus infection.

Contact Health Law Attorneys Experienced in Representing Nurses.

The Health Law Firm’s attorneys routinely represent nurses in Department of Health (DOH) investigations, Department of Justice (DOJ) investigations, in appearances before the Board of Nursing in licensing matters and in many other legal matters. We represent nurses across the U.S., and throughout Florida.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.thehealthlawfirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

Copyright © 1996-2012 The Health Law Firm. All rights reserved.

What Happens at a Board of Nursing Meeting?

George F. Indest III is Board Certified by The Florida Bar in Health Law

George F. Indest III is Board Certified by The Florida Bar in Health Law

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The Florida Department of Health has many boards which regulate various licensed health care professions. One of the boards that makes up the Department of Health is the Board of Nursing. The Board of Nursing regulates the nursing profession.

The Board of Nursing holds public meetings in which it conducts all of its business. These meetings are scheduled in advance. Notice of when and where they are going to be held is available on its website usually several months in advance. The Board of Nursing rotates its meetings around the state, each time meeting in a different major city. Therefore, one meeting may be help in Jacksonville, the next meeting may be held in Ft. Lauderdale, and the next meeting may be held in Orlando.

The Board of Nursing is required by law to publish its agenda ahead of time so that the public is aware of matters that may come up in the event they want to attend the meeting. Usually these are published from 20 to 30 days ahead of time. Board of Nursing meetings are very interesting. Usually, nursing schools will require their students to attend, if the meeting is held near them.

If you have never attended a Board of Nursing meeting, you should. You should especially attend one of you have a pending Department of Health investigation against you. Attending a Board of Nursing meeting will give you a lot of insight into whether or not to elect an informal hearing if your case progresses past the probable cause panel stage. (See separate chapter in this Manual on DOH investigations and hearings).

Did you know that you can obtain continuing education units (CEUs) just for attending a Board of Nursing meeting? You can receive up to eight hours of CEUs for this. Just be sure to sign in on the sign-in sheet on the table in or outside the meeting room in order to record your attendance and obtain a CEU certificate.

Meetings are Open to the Public. 

Board meetings are open to the public. Notice of meetings are published in the Florida
Administrative Weekly. A draft agenda is available, on the board website, at least one week before the meeting and for public inspection during the Board meeting. Due to the fact that the Board’s meetings are quasi-judicial meetings the public is requested to refrain from applause, booing or other emotional outbursts. There are rare occasions in which the Board and its members will enter an executive session, this is a non-public session, to discuss issues which are confidential.

Organization of the Board of Nursing.

The business of the Board revolves around committee reports, staff and counsel reports, review of licensure and examination applications and discipline for violation of the Florida Nurse Practice Act, Board rules and other laws. Committee meetings typically occur on Wednesday evening and Thursday morning. The major committees of the Board of Nursing include: Practice, Legislative, Education, Continuing Education, ARNP, CNA Council and Credentials.

The full Board of Nursing meets on Thursday afternoon to hear committee reports and other board business and on Friday the Board meets to hear discipline cases. The individuals who are most active at the Board meetings are the chair, vice chair, board members, board counsel, prosecuting attorneys, IPN and the executive director.

A. Chair/Vice Chair

The chair is responsible for the organization and running of the Board meetings. The agenda is prepared by staff but the Chair may alter or reorganize the sequence of issues. The Chair seeks to keep the board on task and often summarizes discussion. Unlike some organizations, the Chair is a full member of the Board and is required to vote on all issues, unless the Chair is recused because she has a conflict of interest on the issue in which she is voting on. Just like any other member of the Board the Chair may make motions and second motions of others. The Chair will also seek clarification from counsel, board members, staff and others if requested. The Vice Chair performs these duties in the absence of the Chair.

B. Board Members

Members of the Board are required to vote on all issues, unless they are recused because of a conflict of interest. A Board member who sits on a probable cause panel may have already heard some evidence in disciplinary cases and, therefore, that member is automatically recused from voting on the case when it appears before the full Board. Board members review around 35,000 pages of scanned documents on CD-ROM prior to a Board meeting; documents received after the CD is made are distributed in paper form prior to the meeting. The documents typically included in the CD are applications for licensure, administrative complaints against an individual, investigative reports, orders, stipulations and other records. Orders are legal documents filed by the Board to take action against an applicant or licensee. A stipulation is a tentative agreement between the prosecuting attorney and the respondent; however, the Board must approve a stipulation before it can take effect. Board members determine severity of discipline using established guidelines; the cost of investigation is always included.

C. Executive Director

The Executive Director is the person responsible for the functioning of the Board office. The office staff prepares the agenda in concert with counsel and prosecuting attorneys, organizes and schedules the meetings and facilities, publishes notices, provides public copies of documents and maintains records of proceedings. The staff also processes applications for licensure or examination, maintains disciplinary files, reviews applications for new nursing programs, monitors statistics and prepares reports as requested. Other administrative and support staff may be present during the Board meetings.

D. Board Counsel

An Assistant Attorney General serves as legal counsel to the Board. Counsel responds to requests from the Chair to clarify requirements in Florida laws and rules which may affect the Board decisions. Counsel prepares draft documents for Board review, including proposed rules. Counsel will also inform the Board members of possible legal issues or implications of various courses of action being contemplated. Often, several different sections of laws may affect a decision and the discussion may become confusing. After the meeting, Counsel will prepare the final orders and other documents that are to be filed and sent to respondents.

E. Prosecuting Attorneys

These attorneys from Medical Quality Assurance (MQA) Enforcement (sometimes called
“Prosecution Services Unit”) review all disciplinary cases and prepare materials for Board review. Administrative complaints outline the alleged violations of the Florida Nurse Practice Act, rules of the Board and other laws. Investigative reports provide information from witnesses, records and others about the situations described in the administrative complaint.

If the respondent selects an informal hearing before the Board, the prosecuting attorney reads a summary of the administrative complaint and provides legal notification of procedures followed in notifying the respondent. However, if you choose an informal hearing, you are agreeing that all facts in the administrative complaint are true and you are guilty of the allegations; the only issue left undecided is what your punishment is to be. This is the equivalent of a guilty plea or a no contest plea in a court of law. You may have good defenses that could be raised in a formal hearing and you have procedural rights which may result in dismissal of the case. When in doubt, you should always request a formal hearing.

Please see the separate chapter in this Manual on disciplinary hearings.

Remember, even if you have signed the election of rights form and waived your right to a formal hearing and requested an informal hearing, if you get to the Board of Nursing meeting and change your mind, tell them that you are contesting the facts of the case, that you are contesting your guilt and that you want to withdraw your decision to have an informal hearing. It is very important that you do this if you are really innocent.

Sometimes a stipulation (also called a settlement agreement, and which is similar to a plea bargain in a criminal case) is agreed to between the parties. The Board must still approve the stipulation before it becomes final. If the Board of Nursing rejects a stipulation you have agreed to, it may make you a counter-offer that contains more punishment. Always ask for time (at least a week) to think about the counter-offer. If the Board rejects the stipulation, you will then have the right to a formal administrative hearing to determine your guilt r innocence. You may want to do this.

If a respondent disputes the facts of a case, for example, if the Respondent wants to argue that he is really innocent of the charges, then a hearing before an administrative law judge (ALJ) will be held. When in doubt, you should always request a formal hearing.
Please see the separate chapter in this Manual on formal administrative hearings. The ultimate findings of the ALJ after the formal hearing will be sent to the Board for final action.

F. Respondents

There are two typical respondents that appear before the Board. The first type of respondent is an applicant for licensure or examination. These persons may have discipline in another state, positive findings during criminal background screening, deficiencies in education or other credentials. The Board reviews these cases to determine if the applicant can be approved for licensure or examination. If your application is going to be heard at a Board meeting it would be extremely wise to appear before the Board, should they want to ask you any questions, with a qualified attorney certified in health law.

The second type of respondent that typically appears before the Board is a licensee who has had a complaint filed against them for violation of the Nurse Practice Act, rules of the Board or other laws and rules. Some respondents may be required to appear before the Board; however, in most cases the choice is up top the respondent. An attorney may appear for the respondent; if the respondent chooses to be represented by an attorney it is best to have an attorney who has been certified in heath law and has
represented other nurses in disciplinary proceedings before. A respondent may also bring a witness to appear on their behalf. All respondents and witnesses are sworn under oath.

G. Intervention Project for Nurses (IPN)

Representatives from IPN are present Board meetings to provide reports on individuals enrolled in the program. In addition, if the Board orders a respondent to be evaluated by IPN, information about the process is immediately available. IPN provides evaluations and consultant services for nurses or candidates for licensure. Most services revolve around drug and alcohol abuse but may also include mental health or behavioral problems and psychological testing. See separate chapter in this Manual for more detail on IPN.

The Board of Nursing Meetings are Open.

The Board of Nursing is required to hold all of its meetings in a manner which is open and
accessible to the public. These Board meetings revolve around committee reports, staff and counsel reports, issues of interest to nurses, nursing practice issues, review of licensure and examination applications and discipline for violations of the Florida Nurse Practice Act, Board rules and other laws and regulations. You will learn quite a lot about your profession and how it is governed in the state of Florida by attending a Board of Nursing meeting. There is bound to be one near you soon.

Contact Health Law Attorneys Experienced in Representing Nurses.

The Health Law Firm’s attorneys routinely represent nurses in Department of Health (DOH) investigations, Department of Justice (DOJ) investigations, in appearances before the Board of Nursing in licensing matters and in many other legal matters. We represent nurses across the U.S., and throughout Florida.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

 

Almost 19% of Nurse Aides Charged with Abuse and Neglect, had Prior Criminal Records

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A report released by the Department of Health and Human Services (HHS) Office of Inspector General (OIG) on October 5, 2012, found that nineteen percent (19%) of long-term care nurse aides who were found guilty of on-the-job abuse, neglect or property theft in 2010 had prior criminal records that would have showed up on a background check.

Click here to read the entire report from the HHS OIG.

Report is Part of the Affordable Care Act Background Check Program.

Section 6201 of the Affordable Care Act establishes a background check program. This voluntary program gives grants to states that support nursing home employee background checks.

The report was released to assess the ability of the background check program to help decrease the number of neglect, abuse and misappropriation of resident property cases.

Majority of Nurse Aides Convicted of Burglary, Larceny and Other Crimes.

Out of 1,611 nurse aides charged with abuse, neglect or property theft in 2010, 300 nurse aides had at least one prior criminal conviction. The Inspector General (IG) found the majority of disciplined nurse aides with records had been convicted of burglary, larceny or other crimes against property.

Of the 300 nurse aides, 170 of them had at least one conviction prior to their date of registration as a nurse aide. The remaining 130 nurse aides, each had at least one conviction after the date of their registration.

In a National Public Radio (NPR) story, a nursing professor from the University of California, San Francisco, said she is “most disturbed by the fact that nursing homes had hired some aides who’d been convicted of serious crimes.”

Click here to read the NPR article.

Contact Health Law Attorneys Experienced in Representing Nurses and Nurse Aides.
The Health Law Firm’s attorneys routinely represent nurses and nurse aides in Department of Health (DOH) investigations, in appearances before the Board of Nursing in licensing matters and in many other legal matters. We represent nurses across the U.S., and throughout Florida.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at http://www.TheHealthLawFirm.com.

Comments?

As a nurse, nursing aide or any other health professional, what do you think of this report? Please leave any thoughtful comments below.

Sources:

Schultz, David. “Among Disciplined Nurse Aides, Criminal Records Turn Up.” NPR. (October 11, 2012). From: http://www.npr.org/blogs/health/2012/10/11/162636910/among-disciplined-nurse-aides-criminal-records-turn-up

Wright. Stuart. “Criminal Convictions for Nurses Aides With Substantiated Findings of Abuse, Neglect, and Misappropriation.” Department of Health and Human Services Office of Inspector General. (October 5, 2012). From: http://www.thehealthlawfirm.com/uploads/Criminal%20Convictions%20for%20nurses%20aides.pdf

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. http://www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

 

North Florida Nurse Arrested for Neglecting Elderly Patient

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

An investigation led by the Attorney General’s Medicaid Fraud Control Unit (MFCU) ended with an arrest of a north Florida registered nurse (RN), in Suwannee County. The arrest was based on allegations of failing to assess and monitor a 94-year-old patient’s condition. The patient fell and broke her hip and shoulder, and later died.

Click here to see the full press release from the Attorney General’s (AG) Office.

RN Charged with Neglect and Falsifying Hospital Records.

According to the investigation, the RN allegedly failed to care for and monitor the condition of a 94-year-old woman. The RN is accused of falsifying hospital medical records to conceal her failure to provide proper nursing care to the victim.

The RN turned herself in to the Suwannee County Sheriff’s Office. The nurse faces up to five years and two months in prison and a $5,500 fine, according to the AG’s Office.

The AG’s press release states that this case will be prosecuted by the State Attorney’s Office for the Third Judicial Circuit of Florida.

Responding to a MFCU Investigation.

The MFCU is in charge of investigating and prosecuting health care providers suspected of defrauding the state’s Medicaid program. When the unit opens a case against a provider, the first step is usually the issuance of an investigative subpoena, requesting specific patient records.

I previously wrote a blog with tips on how to properly respond to such a subpoena and how to be prepared to defend oneself. Click here to read that blog.

Contact Health Law Attorneys Experienced in Representing Nurses and Registered Nurses (RNs).

The Health Law Firm’s attorneys routinely represent nurses and registered nurses (RNs) in MFCU investigations, in appearances before the Board of Nursing in licensing matters and in many other legal matters. We represent nurses across the U.S., and throughout Florida.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Gainesville.com. “Nurse Arrested, Charged with Neglecting Elderly Patient Who Died.” The Gainesville Sun. (June 13, 2012). From: http://www.gainesville.com/article/20120613/articles/120619840

Meale, Jenn. “Attorney General Bondi Announces Arrest of Registered Nurse for Neglecting an Elderly, Disabled Adult.” Florida Office of the Attorney General. (June 13, 2012). From: http://www.myfloridalegal.com/newsrel.nsf/newsreleases/358A1FC528F9A06D85257A1C00729C63

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999. Copyright © 1996-2012 The Health Law Firm. All rights reserved.

 

Nurses Beware of a Disciplinary Action Database Called Licensure QuickConfirm

By Christopher E. Brown, J.D.

Nurses, did you know the National Council of State Boards of Nursing (NCSBN) maintains a database of all state disciplinary actions?  This database, called Licensure QuickConfirm, lists all disciplinary actions from the Florida Board of Nursing and forty-six (46) other state boards. It is frequently used by hospitals and medical groups to screen potential employees.

To search the Licensure QuickConfirm list, click here.

Information Comes From the Boards of Nursing.

According to the website, all information listed on the database comes directly from the boards of nursing. A report will contain:- the nurse’s name, - licensed jurisdiction,

- license type

- license number,

- compact status (single state or multistate),

- license original issue date,

- license expiration date,

- discipline against license, and

- discipline against privilege to practice.

Check Your Profile Immediately.

If you have recently received discipline from the Florida Board of Nursing, or any other state board of nursing, it would be prudent to immediately check this website to verify that any information listed under your profile is accurate.  The website clearly states that it is the nurse’s responsibility to contact the board of nursing to update his or her information.

Our law firm recently encountered errors on this database that our client contended caused him lost employment opportunities.

Contact Health Law Attorneys Experienced in Representing Nurses.

The Health Law Firm’s attorneys routinely represent nurses in Department of Health (DOH) investigations, in appearances before the Board of Nursing in licensing matters and in many other legal matters. We represent nurses across the U.S., and throughout Florida.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

About the Author: Christopher E. Brown, J.D. is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

Copyright © 1996-2012 The Health Law Firm. All rights reserved.