All professionals licensed in the State of Florida who are under the purview of a regulatory authority need to have a strong understanding of their reporting responsibilities, especially when it comes to criminal matters. When an arrest occurs, most individuals facing criminal charges are concerned with possible incarceration and/or substantial fines. For holders of a professional license, though, the concerns and potential ramifications do not end there.
In Florida, regulatory authorities (e.g. the Department of Health (DOH) or the Department of Business and Professional Regulation (DBPR)) are tasked with maintaining licenses of professionals in the state and typically work along with professional boards for various types of career fields such as engineers, architects, physicians, realtors, insurance agents, and other professionals. Generally, professional licensees must notify their applicable board or regulatory authority if they have been convicted of a crime or otherwise entered a plea of guilty or no contest within 30 days of the event. It is important to note that even if the case ends with a withholding of adjudication, a licensee must still notify or “self-report” to the appropriate regulatory authority. For many professions, a failure to report is an independent basis for discipline, separate from the underlying conviction. Here are a few examples of regulatory provisions regarding grounds for disciplinary action:
For Medical Professionals - Florida Statute 456.072(1)(x)
“Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this paragraph must be reported in writing to the board, or department if there is no board, on or before October 1, 1999.”
For Professionals under the DBPR - Florida Statute 455.227(1)(t)
“Failing to report in writing to the board or, if there is no board, to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report a conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph.”
There are also ancillary effects if licensed in other states as disciplinary action in Florida will likely affect licensure in other jurisdictions. Depending on the type of offense, possible disciplinary action includes reprimands, fines, administrative costs, probation, referrals to substance abuse treatment program (e.g. Professionals Resource Network (PRN) and Intervention Project for Nurses (IPN)), license suspension, and license revocation.
Criminal convictions can have a significant effect on licenses. Many criminal defense attorneys and professionals are unaware. When faced with a criminal prosecution, special attention must be paid to the impact of a judgment or plea agreement. Some could result in immediate suspension of a license, where others may trigger a formal administrative complaint. Thus, it is important to evaluate all options and strategies before pleading guilty, taking a plea, or going to trial.
If you have any questions regarding Florida’s licensing disciplinary process, please do not hesitate to contact attorney Matthew M. Fischer (matt@fischerlawpa.com). Matthew specializes in health law related issues and is a former Assistant General Counsel at the FBI and Senior Attorney Advisor at the U.S. Department of Health and Human Services.