New Jersey Attorney General Matthew J. Platkin announced on March 9, 2023, that the nursing licenses of 20 New Jersey medical professionals had been rescinded following the United States Department of Justice’s (DOJ) investigation into allegations of fraudulently issued Florida nursing diplomas.
The 20 nurses received Notices of Rescission demanding they cease and desist any nursing practice in the State of New Jersey. The respondents were also required to notify their employers about the notices. Any respondent that continues to practice nursing in New Jersey could face further fines or penalties. Each individual will have the opportunity to provide evidence to the Board of Nursing that they have received the appropriate education and training to have their license reinstated.
Additionally, 26 individuals holding a temporary license through the Division of Consumer Affairs’ Temporary Emergency Reciprocity Licensure Program had their temporary licenses rendered null and void as the Board of Nursing voted to deny their pending applications for plenary licenses. Accordingly, these individuals must also cease and desist from engaging in the practice of nursing in New Jersey.
In January of 2023 the DOJ charged more than two dozen people in a wire fraud scheme at five now-closed Florida universities. Federal investigators found approximately 7,600 fraudulent diplomas were given out nationwide with each student charged nearly $15,000. View the January 25, 2023, DOJ announcement here. At least eleven states have taken disciplinary action against nurses who allegedly purchased fraudulent degree documents through the scheme, while investigations are ongoing in others.
The 46 individuals referenced above have been flagged in the National Council of State Boards of Nursing nationwide data system. This allows other state boards to monitor the individuals until their cases are resolved. Once a disciplinary action has been taken by one state board of nursing related to diploma fraud, all of the other state boards of nursing will have access to that information in order to prevent additional fraud.
Compliance Perspective
Issue
The purpose of a professional license is to protect the public from harm by setting minimal qualifications and competencies for safe entry-level practitioners. Nursing is regulated because it is one of the health professions that poses a risk of harm to the public if practiced by someone who is unprepared and/or incompetent. Boards of nursing established standards for safe nursing care and issue licenses to practice nursing. The selling and purchasing of nursing diplomas and transcripts to willing but unqualified individuals is a crime that potentially endangers the health and safety of patients. It is essential that state and federal databases are continually monitored to ensure that no current employee has recently been placed on an exclusion list or had a license or certification suspended or revoked. Routine monitoring will ensure that employees are legally permitted to practice healthcare in your facility.
Discussion Points
- Review policies and procedures for verifying and monitoring the status of professional licenses. Update as necessary.
- Train appropriate staff to follow protocols for verification of licenses and certifications of employees at the time of hire and on an ongoing basis to ensure that those licenses remain up to date and are unencumbered. Ensure that training is provided to licensed personnel about their responsibility to maintain an active license and to notify administration should their license be suspended or revoked, expired, or if they have been added to the OIG’s List of Excluded Individuals and Entities (LEIE). Document that these trainings occurred, and file the signed documents in each employee’s education file.
- Periodically audit to verify that the licensing and certifications of employees are valid and up to date. Immediately address any negative findings. Check with your State Board of Nursing for state-specific details on this fraudulent licensure investigation.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
