Case Result: Nurse Charged With Practice Act Violation After 10 Year Conviction Has Sentence Reduced

Professional:
Nurse

Primary issue:
The nurse was charged with a Practice Act violation based on a former conviction from over ten years ago. This was an accidental and technical violation in documentation but was charged as a form of fraud. Despite the criminal statute of limitations having expired, the charge was brought as a practice act violation, which has no statute of limitations for certain offenses. Practice Act violations are taken very seriously and this situation posed a significant threat to her license and right to work.

Argument:
The defense argued that the applicable law should be that which was in place at the time of her conviction nearly a decade ago, not the current law. Additionally, there was insufficient documentation to establish the severity of the offense. The prosecution argued that the severity was due to the misappropriation of funds meant for poor people in need, but the defense highlighted that the defendant was living in severe poverty at the time, qualifying her for the payments.

Result:
The Board suspended the nurse’s license for one year and imposed a fine that was 10% of what the statute authorized. Although the probable cause panel initially recommended revocation, the outcome was significantly less severe.

Areas of Law:
Healthcare Professional Licensing Defense
Department of Health Investigations
Nursing Board Hearings
Nursing License Defense Law

Attorney:
Joseph Iennaco

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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