Case Result: Our Attorneys Successful in Getting Board to Grant Mental Health Counselor with Criminal History an AHCA Exemption

Professional:
Licensed Mental Health Counselor

Primary issue:
Client, a licensed mental health counselor, required assistance with getting a Florida Agency for Health Care Administration (AHCA) exemption from disqualification. To work for AHCA-licensed entities, providers must be able to pass a Level 2 background check. If they cannot, they are disqualified from being able to work at any AHCA-licensed entity in Florida. However, a provider may apply for an exemption from disqualification with their respective licensing board. In this case, client had a criminal history of drug possession and a separate conviction for aggravated battery with a deadly weapon, domestic violence, and tampering with a witness.

Argument:
In arguing before the licensing board, our Florida healthcare license and regulatory attorneys contended that client should be granted exemption because the charges did not accurately reflect what actually happened. We presented evidence that the Client accepted plea agreements for financial reasons, not because of criminal liability. In addition, our lawyers showed that Client is reformed and not a danger to patient safety.

Result:
The board granted exemption in just over a month, without the need for a hearing. Client now is free to work at AHCA-licensed entities.

Areas of Law:
Florida Department of Health Investigations & Complaints
Mental Health Professionals

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.

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