Case Result: Nurse Practitioner Who Pleaded to Reckless Driving Instead of DUI Provided Sufficient Self-Report, Avoids DOH Investigation

Professional:
Registered Nurse/Advanced Nurse Practitioner

Primary issue:
Client, a registered nurse and advanced nurse practitioner, was arrested on DUI. Client did not have any priors with law-enforcement or any disciplinary history. Eventually, after trying to fight the case, the client decided to take a plea to reckless driving, a lesser included offense. This triggered the requirement for completing a self-report within 30 calendar days of the date of the plea.

Argument:
Our Florida regulatory and healthcare licensing lawyer completed the self-report for the client, including mitigating evidence. We included ample case law to show that nurses convicted of vehicular manslaughter were found not to have committed a crime that would relate to the practice of nursing; therefore, we argued, the client, having been convicted only of reckless driving, should not be subject to a Florida Department of Health (DOH) investigation.

Result:
The DOH reviewed the case and provided us with letters indicating that the self-reporting requirements have been satisfied, and the information would remain confidential.

Areas of Law:
Healthcare Licensing
Professional Licensing Defense
Substance Abuse & Impaired Practitioners

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.