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Felony downfall?

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Posted almost 4 years ago

 

I am starting my nursing program in July. I have a felony conviction for Healthcare Fraud in 2007. I wrote my state BON regarding my conviction and wanting to be a nurse. all they wrote back was the basics .... we review each case on an individual basis.... I am out of thier 'jursidiction' until I complete an approved nursing program and then they will review my case.. So basically I get to spend $30+ k  with the possibility of being told NO??? how does this  make any sense? I am being asked to be responsible for my actions, but the BON will not assist in what I feel is thier responsability BEFORE I spend the $ to be a nurse? I have reviewed 'case decisions' on my BON website. They are allowing physicians with the same charge (healthcare fraud) to be "reinstated" (with probationary terms) once thier sentences are served. 


I have been on ALL the websites and search engines with the topic of nurses/felony/healthcare fraud and found answers ranging from NO WAY to nursing!... to GO for  it... Any other input? 


Is LawyerRN still on this site? any possibility of assistance/intelligent input?


Thanks      


    

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Rated: +1 | Posted almost 4 years ago

 

That's a little sad, i think it's going to be such a hard-hard work for you if you still insist in continuing your nursing program. You were convicted of felony for health care fund fraud and mind you it is a serious offense in the US, that aggravates your case of not being accepted in the program because your conviction is related to the career you want to pursue right now. Not being judgemental here, but i guess, if i were on your shoes, i would rather take a different step from here....

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Rated: +1 | Posted almost 4 years ago

 

As a nurse myself who has just been charged with a felony, and going to be hell to get my license back, if i ever do. I would not pay for school and then have the BON deny me. They are not very forgiving especially with your conviction being healthcare fraud. I would want to search around sites to find a nurse who has actually done this and they accepted her/him. Good Luck to you. I hope it does work in your favor!

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Rated: +1 | Posted almost 4 years ago

 

man FORGET IT, the BON is notoriously like NAZIS, spend your time getting an XRAY license and that  would give you great $$$$ and less grief anyway. any lawyer who has dealt with the BONS in any state would give you that advice. Better your conviction was drugs or theft, but defrauding the public trust.man ...............???????????????????????????!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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Rate This | Posted almost 4 years ago

 

If anyone's still reading this, yes I'm still here (LawyerRN).


It all depends on your State regs - they are all different.


There may be some specific offenses that automatically bar you from a license.


Other offenses may bar you for a certain period. After, say, five years, they don't count any more.


Other offenses may be dealt with on a case-by-case basis by your BON.


(And yes, the boards can be a pain in the butt)


Best bet is to read your Nursing regs on your State website. If they don't clearly deal with your particular offense, contact the (ugh) Board. Good luck!

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Rate This | Posted almost 4 years ago

 

I would demand that they review it now before you waste all your money on nursing.  Without your nursing license, regardless of a degree, it is not worth crap.  Take it from me.  I will be getting another degree in something else.  My  license is still available, but I have stipulations too, because what happened to me happened under a very , very stressful time.  But I will be retiring in a couple of years, so I rather pursue this challenge and go on with my life, rather than cause myself embarrassment. 

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Rate This | Posted almost 4 years ago

 

i would not go any further at this point unless it is reviewed and you know either way.  that is a serious offense and my opinion is your screwed.

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Rate This | Posted almost 4 years ago

 

I think I would be equally concerned about getting a job in healthcare. Even the smallest of employers do background checks. My advice is to pay a lawyer who can advise you and check the regs on expunging this conviction. Until that can happen I'm with the person who said in their opinion you're screwed. I would imagine any medical program would be the same as nursing.

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Rated: -1 | Posted almost 4 years ago

 

 A felony conviction for HEALTH CARE FRAUD??  And you are shocked you might not be able to be a NURSE?


You should be as surprised as a pedophile applying to a day care center.


Is there NO other career you could choose?


Many many professions prohibit convicted felons from entry... as they should... I say you should look for another major.

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Rate This | Posted almost 4 years ago

 

I am not an attorney and offer no advice - just an observation of our profession as it intersects with current events and close scutiny presently from a growing sector of the public and regulatory agencies.  There are two very huge variables which no entity, including a State Board Of Nursing (SBON), can predict: 1) any changes in an individual's legal or conviction status between entry into a nursing program and completion of licensure requirements and 2) possible changes in the state's legislation which may be amended in the years between acceptance into nursing school and initial registration after completing all requirements to obtain a nursing license.


With all the heightened scrutiny SBONs are under since the recent scathing report ProPublica articles cited between October 2008 and July of 2009 regarding California RNs with criminal convictions, I would not be surprised if a past conviction may be an increasingly difficult characteristic to sell to SBONs and prospective employers in the future.


For anyone with a conviction in any way related to misappropriation of medication or a similar charge, you may find The Prescription Addiction Radio Show which airs each Sunday from 9-10pm Eastern of value.  It can be accessed live at www.860WGUL.com and has archived shows with commentary on this issue as it relates specifically to nurses at www.prescriptionaddictionradio.com on past show dates of 3-22-09 and 7-19-09.  Tonight's show will also have a segment specifically related to nursing.  Paula Davies Scimeca, RN, MS

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Rated: -1 | Posted almost 4 years ago

 

I am amazed at the support peole are giving a CONVICTED FELON who wants to become a NURSE... could someone please tell me what someone would have to do that would make them a candidate for NOT being a nurse?


 


As for people who are convicted of felonies and lose their license..... awwwwwww...find another job.

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Rate This | Posted almost 4 years ago

 

You know, you're right. I say banish this fiend. Let him, or her, be a criminal all their life. Makes sense to me - how about you? Or should society actually practice what they preach and after a person pays for their mistakes let them move on? And this person doesn't say what the specific charge was. Billing for wheelcahirs 2 times? Billing for patients long dead but still needing a scooterchair?


Oh and how about the nurses you know who smoke dope but haven't been nabbed at it or drive drunk regularly? Or lie on their income tax every year?

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Rate This | Posted almost 4 years ago

 

This website is Nursing Link, not Judging Link or Executioner Link.  Summarily barring anyone from nursing seems the height of arrogance and folly - this may be one of the many people who made a mistake and has turned their life around.  And she or he may make the most astute practitioner in the emergency room and save the life of my loved one or yours in the future.

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Rate This | Posted almost 4 years ago

 

Anonymous says ...



I would demand that they review it now before you waste all your money on nursing.  Without your nursing license, regardless of a degree, it is not worth crap.  Take it from me.  I will be getting another degree in something else.  My  license is still available, but I have stipulations too, because what happened to me happened under a very , very stressful time.  But I will be retiring in a couple of years, so I rather pursue this challenge and go on with my life, rather than cause myself embarrassment. 



You can't demand the Board of Nursing to do anything.  Making a demand like you suggest is a sure shot way of getting a "HELL NO" answer.  Nursing Boards are notoriously tough on any nurse or would be nurse who commits actions that endanger the public welfare. 


That being said, it depends on how badly you want to be a nurse, what you've done with your life since your conviction, and how long ago that conviction was.  If it was years ago, you might have a good shot, especially if you have been doing things that promote public or community welfare, like volunteer work (that is not part of a community service sentence).


It's a risk vs benefit question.  If you want to do something in healthcare, you might have to look for something that doesn't require state licensure, but most of those jobs are labor intensive and low paying.


What are you looking to do in nursing, why is it you want to be a nurse?  Your answers to those questions might help you make a better decision.  If you want to get into nursing because it provides job security, is well paying in your area, and there is a shortage where you live then you might want to rethink your career choice.  The effort of nursing school combined with the anxiety of not knowing if you'll get a license probably won't make it worth your while.


If, OTOH, you are sure it is because you feel you have a calling towards working with the sick, you can take a shot and try and convince the Board you are a changed person.


Even if you're sure it is because you want to make a positive difference, you might want to look at other ways to acheive your goal that won't require you to go through this kind of process.

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Rate This | Posted almost 4 years ago

 

Anonymous says ...



This website is Nursing Link, not Judging Link or Executioner Link.  Summarily barring anyone from nursing seems the height of arrogance and folly - this may be one of the many people who made a mistake and has turned their life around.  And she or he may make the most astute practitioner in the emergency room and save the life of my loved one or yours in the future.



I have known 2 health care workers who were charged with violent felonies.  One was a CNA who worked at the same home health agency I did.  She murdered someone.  Another was an RN who was a former supervisor when I worked LTC.  I was working as the jail nurse when he was arrested for beating a co-worker who allegedly either refused him sex or stole his wallet (their stories differed).  He lost his license after his conviction.


I have also known a fine RN who had her license restricted after she was convicted of DUI.  She joined AA, and turned her life around.  She was never accused of diverting drugs, and was by all accounts an excellent nurse.


People change.  They do stupid things and get their lives back together.  As empathetic people we should be willing to allow people to atone and find redemption for the mistakes they make.


In the meantime, the Boards of Nursing can and should continue to be skeptical about those who want to practice nursing who have criminal backgrounds.  It is their job to look at the facts and make the hard decisions.

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Rate This | Posted almost 4 years ago

 

 A felony bars one from voting in most places and owning a firearm in all places.... and prevents one from getting many professional licenses...in many states Lawyer, policeman etc... why should nursing be different?

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Rate This | Posted almost 4 years ago

 

LawyerRN here again...


As far as "felonies" go, remember, they include all offenses which can be punished by over one year in prison.


So if one pleaded guilty to "Passing a bad check" ten years ago, should that really bar them forever from working as a nurse?


Anyone who knows me knows that I am very pro "law-and-order," and have worked in enforcing the law all my life - but some "Felonies" are not that terrible. The term doesn't refer to just the "Common-Law" felonies like murder, robbery, etc.

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Rate This | Posted almost 4 years ago

 

LawyerRN again...


I forgot to add - yeh, health care fraud will probably bar you from licensing! But check anyway....

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Rate This | Posted almost 4 years ago

 

Yeah you probably can't be a nurse. But you should be imminently qualified to be a health insurance administrator. Or hospital CEO.

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Rate This | Posted almost 4 years ago

 

What's with all the anonymity, the first thing, be true to who you are and then take steps from there...... I don't know if you could get in but I would give it a shot.  I would definately check in my state.  If you have to list it on the RNCLEX test, you cannot take it.  I have had many students that ran into that and at the end could not even take the test....  As for someone saying to go for Rad Tech, Pharm Tech, same premise at least here in TX

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Rate This | Posted almost 4 years ago

 

Anonymous said


What's with all the anonymity, the first thing, be true to who you are and then take steps from there...... I don't know if you could get in but I would give it a shot.  I would definately check in my state.  If you have to list it on the RNCLEX test, you cannot take it.  I have had many students that ran into that and at the end could not even take the test....  As for someone saying to go for Rad Tech, Pharm Tech, same premise at least here in TX


 


I think it's amusing that this person criticized the original author for being anonymous, but did it anonymously. 

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Rate This | Posted almost 4 years ago

 

Yeah, I did it to be a smart butt.  And WHAT!!!!!!

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Rate This | Posted almost 4 years ago

 

Oh duh, no matter who you are it posts you anonymously on anonymous topics!


Signed,


El Mysterioso

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Rate This | Posted almost 4 years ago

 

Anonymous says ...



Yeah you probably can't be a nurse. But you should be imminently qualified to be a health insurance administrator. Or hospital CEO.


 


Now that is funny. I wish I had thought of it.


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Rate This | Posted almost 4 years ago

 

Well,in the boards eyes, I'm sure it would seem that letting someone be a nurse with a felony of healthcare fraud is like letting the fox watch the henhouse. The risk may be too much for them to allow. I'm not being judgemental, just giving you a reason that the board would see things this way.


I know people can change, God knows I've changed(hopefully for the better) over the years, but the BON's job is to protect the public first and foremost. I've always gotten a kick out of the fact that we pay them(BON) to police us, but that's where all those licensing fees go toward.They do offer advice at times, but usually when you're going up before the board,its not a good thing.

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Rate This | Posted almost 4 years ago

 

Wel well well.......I have seen people say some pretty mena and hateful things here before but this takes the cake. You dont know the situation of the poster or what the exact crime was and yet you condemn them. Lawyer RN said it right, 10 years ago someone passed one bad check and you are f%*& for life. I know I know not exact words. But really people, before you cast stones, think about what the heck you are saying! I saw a bunch of mena heartless people here on this thread today. Reminds me of a lifetime movie I once saw.


Jenn

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Rate This | Posted almost 4 years ago

 

Ok I meant mean not mena

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Rate This | Posted over 3 years ago

 

I have a question for lawyerRN:  Is the reason most hospitals and clinics won't hire nurses with felonies because of their Medicare guidelines?   I am an RN with a recent felony conviction.  I have great experience and interview well.  But when they find out I have a felony they won't hire me.  Where else should I seek employment????? Thanks


 

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Rate This | Posted over 3 years ago

 

I really think that a person knows what they are doing is wrong when they do it, so they should not be surprised that some sort of punishment is applied when they are caught.

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Rated: +1 | Posted over 3 years ago

 

All nurses should be aware of the trends in legal statutes and nursing board requirements in the US, particularly the recent passage of the Florida State Senate Bill 1986 which bars anyone from obtaining a license as a healthcare professional in Florida until fifteen years after completing any probationary period related to any drug related offense.  With all due respect to those who feel one should know when they are doing something wrong, the fact is that several students have become caught up regarding the passage of this bill as they had a possession or similar charge in high school and found after completing educational requirements for licensure that they were unable to sit for the boards.  While what is applicable as far as law varies widely state to state, the trend is clear, especially with the recent GAO report on Medicaid Fraud Related to Diversion of Controlled Substances, that there will no doubt be heightened scrutiny and requirements, as well as more vigorous prosecution, as per this report's recommendations.  Paula Davies Scimeca, RN, MS

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