Florida Nursing License Defense Attorney
Florida Nursing License Discipline Based on Alleged Misrepresentations About Nursing Education
Florida nurses who attended certain nursing schools may find themselves facing an unexpected problem years after completing their education and passing the nursing licensure examination: an investigation or disciplinary action by the Florida Department of Health (“DOH”) concerning the educational credentials used to obtain their nursing license.
In some cases, the nurse may have attended a Florida nursing program, completed what the nurse understood to be the requirements of the program, received documentation reflecting completion of the program, passed the NCLEX, obtained a nursing license, and worked as a nurse — only to later receive notice that DOH or the Florida Board of Nursing is questioning the legitimacy of the nurse’s educational credentials.
These cases can have serious consequences. An allegation concerning the manner in which a nursing license was obtained may potentially place the license itself at risk. But an allegation of misrepresentation is not necessarily the same thing as proof that the nurse knowingly made a false representation. Understanding that distinction can be important when evaluating a Florida nursing license disciplinary case.
Why Is Florida Investigating Nursing School Credentials?
Florida law requires applicants for nursing licensure to satisfy educational and examination requirements before receiving a license. Problems can arise when DOH later determines or alleges that a nursing program, transcript, diploma, clinical documentation, or other educational credential submitted in connection with a license application was not legitimate or did not accurately represent the education actually completed. An investigation may therefore focus not on the nurse’s subsequent patient care or professional competence, but on events that occurred when the nurse originally applied for licensure. For a nurse who has since passed the NCLEX and worked in the profession, receiving such an allegation can be particularly concerning. The nurse may have believed that he or she legitimately attended and completed a nursing program and may have had no reason at the time to believe that the school’s representations or records would later be questioned.
Florida Law Specifically Addresses Misrepresentations in Obtaining a Nursing License
Section 464.018(1)(a), Florida Statutes, establishes grounds for disciplinary action when a person procures, attempts to procure, or renews a license to practice nursing by bribery, knowing misrepresentations, or through an error of the Department or Board. The word “knowing” is significant. An allegation that information submitted in connection with a nursing license application was inaccurate does not necessarily answer the separate question of what the applicant knew when the application was submitted.
Florida’s general healthcare licensing statute also addresses misrepresentations in obtaining professional licenses. Section 456.072(1)(h), Florida Statutes, identifies attempting to obtain, obtaining, or renewing a professional license through fraudulent misrepresentation as a potential ground for discipline.
Accordingly, when DOH alleges that a nurse obtained a license based upon improper educational credentials, the particular allegations and statutory provisions asserted against the nurse should be carefully examined.
What If I Have Been Working as a Nurse for Years?
Some nurses facing these allegations may have held their licenses for substantial periods of time. During that period, a nurse may have worked in hospitals, nursing facilities, home health, physician practices, or other healthcare settings without disciplinary incidents or concerns about patient care. A lengthy history of competent nursing practice does not necessarily prevent DOH from investigating the circumstances under which the license was originally obtained. It can, however, be important to understanding the overall circumstances of the case. A licensing case involving alleged educational misrepresentations can therefore present an unusual situation: the Department may be challenging the original basis for licensure even though the individual subsequently passed the licensing examination and has practiced as a nurse.
What If I Did Not Know There Was a Problem With My Nursing School?
This issue deserves careful factual and legal analysis. Section 464.018(1)(a) uses the term “knowing misrepresentations.” An allegation that a nursing school’s records were inaccurate therefore should not automatically be treated as establishing that every student associated with the school knowingly made a misrepresentation. The individual circumstances matter. For example, there may be a substantial factual difference between knowingly obtaining a false transcript without attending a program and enrolling in a program that represented itself to students as legitimate and provided coursework, records, or other indicia that led a student to believe the program satisfied Florida’s requirements. Whether DOH can establish the elements of the particular statutory violation alleged depends upon the facts and evidence in the case.
Be Careful About Explaining the Situation to an Investigator Without First Reviewing the Case
When contacted by a Florida DOH investigator, a nurse may naturally want to explain:
“I went to the school.”
“I didn’t know anything was wrong.”
“I took the classes.”
“The school handled the paperwork.”
“I passed the NCLEX.”
Those facts may be important. But a regulatory investigation is not an informal conversation. Statements made during an investigation may become part of the investigative record and may later be evaluated by Department attorneys, a probable cause panel, the Board of Nursing, or an Administrative Law Judge. Before providing a detailed statement, it can be important to determine precisely what DOH alleges, what documents exist, what was represented on the original application, and what evidence the Department possesses concerning the school and the individual applicant.
What If DOH Files an Administrative Complaint Against My Nursing License?
An Administrative Complaint is different from an initial investigative letter. An Administrative Complaint contains formal allegations that the Department intends to prosecute. It typically identifies the facts alleged by DOH, the statutory or regulatory provisions allegedly violated, and the disciplinary grounds asserted against the licensee. The nurse will generally receive information concerning the right to request an administrative hearing. This is an important stage of the proceeding. The response to an Administrative Complaint can affect whether disputed factual issues may be litigated in a formal administrative hearing. If material facts are disputed, Florida’s Administrative Procedure Act may provide the right to a formal evidentiary hearing before an Administrative Law Judge. A nurse receiving an Administrative Complaint should therefore pay close attention to the deadline and instructions accompanying the complaint.
Potential Consequences Extend Beyond the Florida Nursing License
A disciplinary case involving allegations about how a nursing license was obtained can have consequences beyond the immediate Florida proceeding. Depending upon the circumstances, potential collateral issues can include employment, credentialing, applications for licensure in other jurisdictions, existing licenses in other states, and multistate practice privileges. This is another reason the resolution of a licensing case should be considered carefully. A proposed resolution that appears to address the immediate Florida proceeding may have consequences elsewhere depending upon how the final agency action is characterized and what another licensing authority requires to be reported.
Florida Nursing License Defense
Fischer Law represents nurses and other healthcare professionals in investigations and disciplinary proceedings before the Florida Department of Health and professional licensing boards. If you have received a DOH investigation letter, Administrative Complaint, or other notice concerning alleged misrepresentations about your nursing education or the manner in which your Florida nursing license was obtained, Fischer Law can review the allegations and discuss the available options for addressing the licensing proceeding.
This article is for informational purposes only and does not constitute legal advice. Every professional licensing matter depends upon its particular facts, allegations, procedural posture, and applicable law.
