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Moved here from out of state and applied for nursing license. They are giving me a hard time because I had a DUI from 4/2010..

Sarasota, FL |

State Board of Nursing said I was approved to get a nursing license if I first got a Psyche Evaluation from a "doctor" of THEIR choice. I passed exam as normal/stable, also passed a hair/nail and urine drug tests that went back 3 months. However, the doctor still said I was unsafe to work as a nurse at this time and made me enter an Intensive Out-patient Drug Addiction Facility. I have been doing this now for 7 weeks, have had 4 more NEGATIVE drug screens, and will be expected to continue this process for 2-5 years. Drug tests are costing me money and still no nursing license. I since found out that they evaluating doctor puts everyone he evaluates into intensive rehab. No one goes in as entry level, or level 1 or 2, all go into intensive. What can I do? Misdiagnosis? Anything legal?

Attorney Answers 3


  1. Have you consulted with counsel about your administrative rights? If not, do so TOMORROW as your right to appeal may have already passed!

    Good luck to you.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. This information is being provided for educational purposes and doesn't constitute legal advice or an attorney client relationship.
    There appear to be 2 issues in your question. The first issue is whether the FDOH or nursing board can deny your license for these things. The answer is yes, if it is found that your DUI (which most likely was a misdemeanor) impacts your professional ability. You went to the DOH's physician and his evaluation stated that you need to be in rehab. Have you yet received a final determination from the board of nursing? In dealing with the board you have to follow all administrative procedures. If you receive a denial of your license, you will have to appeal it to the board.
    The second issue is whether there is an issue with the evaluating doctor? I wouldn't bark up this tree.
    Licensing issues are very complex and you should probably seek counsel because you are talking about your livelihood.
    Regards,

    This information is for educational purposes only and does not establish an attorney-client relationship.


  3. This sounds like an episode from the Law and Order Special Victims Unit where a sentencing judge had a connection to a private correction facility and made sure the facility had new inmates coming through the door. If what you say is true, that this Dr. "puts everyone" into intensive rehab, something sounds wrong here.

    I suggest you speak with someone familiar with the nurse licensing Board activities and procedures and get the names of 2 or 3 attorneys in your state who routinely provide defense for nurses whose licenses may be in jeopardy. Contact one of these attorneys and see if they can assist you with resolving this problem and quickly obtaining your license.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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