To correct information on a criminal history report for an offense that occurred in Florida, contact the Florida Department of Law Enforcement. Drug-related Overdose Prevention (Pharmacy) Central Services The bill authorizes medicinal drugs to be dispensed by a hospital that operates a Class II or Class Ill institutional pharmacy to any inpatient upon discharge or patient discharged from an emergency department if the prescribing practitioner determines that the medicinal drug is warranted and community pharmacy services are not readily accessible to the patient. If the individual was previously screened through the Agency, the reported incident is researched and if confirmed as a . Summary: Summary: Evidence of contractor screening may be retained by the contractors employer or the licensee. Effective Date: May 31, 2017 The law grants the Department fining authority for non-compliance with statutory requirements for such matters as security, hygiene, packaging and storage. This post was authored by Jamaal R. Jones, Esquire (Partner) of Jones Health Law, P.A. The bill replaces the CORPA with the CHEA or its successors. endstream endobj 406 0 obj <. Providers may access the screening results through the Agencys secure website at:Background Screening Results Web Site. The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). The bill also requires mental health receiving facilities to initiate an involuntary examination of a minor admitted under the Baker Act; this examination must take place within 12 hours of arrival at the facility. (5)The costs associated with obtaining the required screening must be borne by the licensee or the person subject to screening. The burden to request this exemption is therefore solely at the discretion of the licensee or applicant. Effective Date: July 1, 2018 Since there is no clear distinction whether or not the mailing address may also be a home address, licensees must overtly request that their home address be exempted from public display. Starting July 1, 2016, health care practitioners are required to provide a good faith estimate of anticipated charges to treat a condition if asked by the patient. Summary: (a) Requests for an exemption from disqualification shall be submitted in writing to the Agency using the Application for Exemption from Disqualification AHCA Form 3010-0019, October 2009. 4052 Bald Cypress Way AHCA Background Screening Background Screening Procedures as part of Health Care Licensing by AHCA The Background Screening rules of Agency for Health care Administration are set according to Florida Administrative Code, Section 59-A35.090. Total fines may not exceed $5,000. Automated Pharmacy Systems The bill makes numerous updates and changes to programs and health care professions regulated under the boards and Department of Health (DOH): Direct Care Workers and Autonomous APRNs House Bill 7097 (Full Text). The following Affidavit of Compliance with Background Screening may be used for this requirement. Senate Bill 1770 (Full Text), Summary: The Nurse Licensure Compact (NLC or compact) is a multi-state agreement that establishes a mutual recognition system for the licensure of registered nurses and licensed practical or vocational nurses. The bill amends Floridas Fair Housing Act by prohibiting a housing provider, to the extent required by federal law, rule, or regulation, to deny housing to a person with a disability or a disability-related need who has an animal that is required as support. Requires the Department to adopt rules implementing this section and develop a form for reporting adverse incidents. (b) When the dispositional information of a potentially disqualifying offense is unclear or not present in a criminal history from a Level I request, a notice will be sent to the requesting licensee or entity to obtain the arrest report and dispositional information from the individual being screened. Effective Date: January 1, 2020 Effective Date: July 1, 2017 Telephone: (850) 412-4503 (l) Section831.01, relating to forgery. The bill defines a doctoral degree from an APA accredited program as a Psy.D., an Ed.D. (i) Section817.568, relating to criminal use of personal identification information. In addition to screening activities, the Background Screening section also reviews news clips and other sources for information related to health care workers that have been arrested for a disqualifying criminal offense. Providing an exemption from the state tax on sales, use, and other transactions for marijuana and marijuana delivery devices used for medical purposes. Section 18: Clinical Laboratory Personnel Processing includes making a determination of eligibility and evaluating applications for exemption. Effective Date: July 1, 2018 "I am confident in the committee members' ability to carefully analyze the important issues associated with implementing full prescriptive authority for ARNPs. The bill relates to physician assistant (PA) applicants and licensees and includes the following changes to the law: These changes affect PA licensees who practice with allopathic physicians and osteopathic physicians. Address Confidentiality: (e)Section741.28, relating to domestic violence. Summary: Once AHCA received the documents, it will be transferred to the Exemption Team and assigned to one of their analysts. (1)Level 2 background screening pursuant to chapter 435 must be conducted through the agency on each of the following persons, who are considered employees for the purposes of conducting screening under chapter 435: (b)The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider. The bill requires the Department of Health (DOH), the Board of Medicine, or the Board of Osteopathic Medicine may take disciplinary action against the health care practitioners license if he or she intentionally transfers an embryo or reproductive material into a recipient without the recipients consent. Summary: In addition, the bill amends Chapter 893, Florida Statutes, by revising the term "practitioner" to include Psychiatric Nurses. The bill: Nonemergent Patient Care (EMT/Paramedic, Medicine, Osteopathic Medicine, Pharmacy) Employees seeking an exemption have the burden of setting forth sufficient evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the employee since the incident, or any other evidence or circumstances indicating that the employee will not present a danger if continued employment is allowed. Howell, Buchan & Strong, Attorneys at Law, boast extensive experience with background screening Exemption applications. Please see the Exemption Application for additional information. Summary: Increases the number of PAs a physician may supervise from four to 10; Removes the requirement that a PA notify a patient of the right to see a physician prior to the PA prescribing or dispensing a prescription; Authorizes a PA to procure medications and medical devices, with exceptions; Repeals authorization for the Department of Health (Department) to issue prescriber numbers to PAs and eliminates the need for PA prescriber numbers on prescriptions; Authorizes a PA under the supervision of certain practitioners to prescribe up to a 14-day supply of Schedule II psychotropic drugs to a minors; Except for a physician certification, authorizes a PA to authenticate any document if the document may also be so authenticated by a physician; Authorizes a PA to supervise medical assistants; Amends provisions related to program approval for the education and training of PAs and allows trainees to perform medical services rendered within the scope of an approved program; Amends the licensure requirements for PAs based on the date a PA graduated from an approved program as defined in the bill by specifying which PA education and training programs are approved for PA licensure; Authorizes a PA to satisfy the continuing education requirement on controlled substance prescribing through a designated course; Removes the requirement that PA licensure applicants seeking prescribing authority provide course transcripts; and. (d) An Application for Exemption will not be reviewed until all required documents are obtained. Each employee/contractor required to undergo screening must attest upon hiring that they meet the requirements for employment and agree to inform the employer immediately if arrested for any disqualifying offense. Florida Department of Education Fingerprinting, Florida Division of Licensing Fingerprinting, VECHS Fingerprinting and Jessica Lunsford Act Screening, Medicaid Provider Enrollment Fingerprinting, Division of Vocational Rehabilitation Screening, Florida Department of Health Licensing Screening, Florida State Board of Nursing Fingerprinting, Florida Therapist and Clinician License Fingerprinting. 454 0 obj <>stream (a) Final results of background screening requests will be provided to the requesting provider through the Agencys secure web site. The course must be completed by nursing licensees for biennial renewals on or after January 1, 2019. If a Level 2 criminal history is incomplete, a certified letter will be sent to the individual being screened requesting the arrest report and dispositional information. Providing qualifying medical conditions for a patient to be eligible to receive marijuana or a marijuana delivery device. Provisional licensure applicants must have earned a degree from an APA accredited program. Deregulation of Professions and Occupations The bill requires submission of proof that applicants licensed under chapters 458, 459, or chapter 461, Florida Statutes, provide proof of payment of assessments to fund the Florida Birth-Related Neurological Injury Compensation Association required under section 766.314, Florida Statutes. Prescription Drug Importation Programs (c) When the Agency or the provider obtains information indicating an individual has a disqualifying offense pursuant to Chapter 435, F.S., the individual is prohibited from working in a position that requires background screening until such time as the individual has applied for and been determined to be exempt from such disqualification. DCF agents or representatives can now obtain records without written permission from the patient, but only when the information will be used to investigate cases of abuse, neglect, or exploitation that impact children and/or vulnerable adults. The bill amends section 468.505, Florida Statutes, providing that certain unlicensed persons are not prohibited or restricted from his or her practice, services, or activities in dietetics and nutrition under certain circumstances. However, they can still apply for AHCA's exemption from disqualification. Revises requirements for reporting the dispensing of controlled substances; limits an exception to reporting requirements for certain facilities that dispense controlled substances; authorizes certain employees of the United States Department of Veterans Affairs access to certain information in the Prescription Drug Monitoring Program database; and specifies when a revised reporting requirement takes effect. 2. If you have already completed a Level II screening with AHCA within the last three (3) months you are not required to complete Livescan fingerprints. Additionally, effective July 1, 2020, the Department shall annually review the amount of any fees collected under section 456.47, Florida Statutes, to determine whether such fees are sufficient for the Department and Boards to implement the section. Department of Health Additionally, the bill requires pain management clinics with an exemption from registration under section 458.3265 or 459.0137, Florida Statutes, to register their exemption with the Department of Health with no fee, and specifies a new certificate is required if a change of address occurs. The agency may adopt rules to establish a schedule to stagger the implementation of the required rescreening over the 5-year period, beginning July 31, 2010, through July 31, 2015. %PDF-1.5 % Clinical Social Worker Intern (Cannot be signed by a chiropractor) (A simple letterhead will work from your primary care physician) W9 Form SB 1374 (Full Text). The bill authorizes the Association to file suit in circuit court to collect assessments under certain circumstances and requires the Association to notify the Department of Health and the applicable board of any unpaid final judgments against a physician within seven days after the entry of a final judgment. The law creates section 790.25 (q), Florida Statutes, for tactical medical professionals to be appointed by law enforcement tactical teams to possess firearms and actively operate in direct support of a tactical operation by a law enforcement agency. Practice requirements are also in the legislation and will be interpreted by the Board during its June 2020 meeting as part of the implementation of the bill. More information about the bill can be found by visiting the Florida Senate website. Summary: where we provide "On-Call Legal Services to Healthcare Professionals". All investigations are confidential and staff will not be able to provide you with any further information until you are contacted by an investigator. Appointed members include: Donation and Transfer of Human Tissue Effective Date: July 1, 2020 Florida Statute 408.809(7)(a) states that AHCA may grant an exemption from disqualification to a person who is subject to this section and who: (1) Does not have an active professional license or certification from the DOH; or (2) has an active professional license or certification from the DOH but is not providing a service within the scope of that license or certification.You may also have to submit a signed background screening privacy policy acknowledging receipt of the privacy policy. Sections 24 and 25: Florida Birth-Related Neurological Injury Compensation Association (NICA) It is possible for AHCA and DOH to deny your application even though you feel you meet the criteria for an exemption. Hi I just received an email that my exemption was denied an i have 21 days to file for an appeal. A signed affidavit is no longer required. This bill reestablishes the licensure, renewal, and revocation of health access dental licenses. In addition, the bills provisions: Certificates of Nonviable Births The new law added additional disqualifying criminal offenses (includes luring and enticing a child; voyeurism, video voyeurism; and unlawful sexual activity with certain minors). 2. HB 1337 (Full Text). facility owner, administrator or chief financial officer, staff person that is uncertified or unlicensed). This bill amends Section 456.013, Florida Statutes, allowing the Department of Health to process an application to obtain a temporary certificate for medical privileges for instructional purposes by a physician who has a unique personal identification number but no social security number. Effective Date: Upon becoming a law House Bill 173 (Full Text). Background Screening Mail to Florida Department of Health, 4052 Bald Cypress Way, Bin BSU 01, Tallahassee, FL 32399-3260. The nursing home must notify the prescriber prior to each therapeutic substitution and document the residents medical record when a substitution occurs. (k) Section817.61, relating to fraudulent use of credit cards, if the offense was a felony. Exempts from public records a nurse's personal identification information that DOH obtains from the nurse licensing compact coordinated licensure information system; exempts certain meetings of the Interstate Commission of Nurse Licensure Compact Administrators from public meeting requirements and provides an exemption for recordings, minutes, and records generated during the closed portion of such meetings. Additionally, the law requires the designation of physicians for the registered office's compliance. Health Care Practitioner Discipline Radiologic Technology , The Florida Department of Health has changed the license renewal process. Effective Date: July 1, 2022 (h) Level 2 Screening means an assessment of the criminal history record obtained through a fingerprint search through the FDLE and FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.04 or 408.809(5), F.S. If the fingerprints of such a person are not retained by the Department of Law Enforcement under s.943.05(2)(g), the person must file a complete set of fingerprints with the agency and the agency shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. House Bill 423 (Full Text). Revises an exception to pharmacy regulations (Chapter 465, Florida Statutes) for certain manufacturers and distributers of dialysis drugs or supplies. HB 351 (Full Text). The bill includes criminal penalties as well as providing grounds for disciplinary action. Senate Bill 530 (Full Text). A pharmacy in which a pharmacist provides services for minor, non-chronic health conditions must prominently display a sign advising a patient receiving such services to seek follow-up care from a physician. Other documents that may be included are records of successful participation in a rehabilitation program, further education or training, community or church involvement, special awards or recognition or testimony by self or others. Summary: The Department of Health, Division of Medical Quality Assurance, will now review your continuing education records in the electronic tracking system at the time of renewal. Cited as the Don Hahnfeldt Veteran and Military Family Opportunity Act. Effective Date: July 1, 2020 A health professional who previously passed the Level II background check may nevertheless be deemed "not eligible" for employment in a licensed health facility on the next Level II background check. If a fingerprint card is rejected by the FBI due to illegible prints, the individual must submit a second fingerprint card in accordance with the guidelines established by the FBI. Additionally, the bill requires the Department of Health to report any significant investigation information relating to mental health counselors practicing under the compact to the established data system and authorizes the Board to take adverse action against a mental health counselors authority to practice under the compact and impose disciplinary actions for violation of prohibited acts. Provide a requirement to earn a certified medical assistant credential and revises medical assistant qualifications. Effective Date: December 31, 2018 or upon enactment of the Nurse Licensure Compact in to law by 26 states, whichever occurs first The bill creates three pathways to licensure for applicants for a marriage and family therapy license to meet the minimum educational requirements by one of the following methods: The bill also updates the education requirements for marriage and family therapists by correcting an obsolete reference to accreditation by Commission on Recognition of Postsecondary Accreditation (CORPA), which was dissolved in 1997. HB 1523 (Full Text). A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. If the health care practitioner is the donor of the reproductive material, the penalty is increased to a second-degree felony. If an employee/contractor has an arrest for a disqualifying offense and is awaiting sentencing he/she is Not Eligible to work until there is a final court disposition and the individual is determined by the Agency to be eligible. Keep Our Graduates Working Act Practice of Physician Assistants Background Screening. It is not intended that persons who are employed or licensed on the effective date of this act be rescreened until such time as they are otherwise required to be rescreened pursuant to law, at which time they must meet the requirements for screening as set forth in this act., Click edit button to change this text. 59A-35.090 Background Screening. Effective Date: July 1, 2022 with Background Screening Requirements . HB 241 (Full Text). Effective Date: July 1, 2022 House Bill 1175 (Full Text). Licensure Examinations for Dental Practitioners (Dentistry) The bill amends numerous practice acts to streamline regulation and increase efficiency. If you were screened and hired by your current employer on or before June 30, 2014 and this disqualification was due to a rescreening by the same employer, you may continue work if you meet all of the following criteria: According to Florida Statute, 408.809(4) an employee may continue to perform her duties and her employer may continue to allow her to have contact with any vulnerable person (i.e. Effective Date: Upon Enactment into Law Effective Date: July 1, 2019 Summary: You also must make sure that your license stays active if you are a licensed healthcare provider, which means that you should submit any renewal forms and correct any omissions to prevent your license from expiring. In addition, the Department does not represent or warrant that any defects in the Website or errors in the Website information will be corrected. Effective Date: July 1, 2021 (c)Section409.920, relating to Medicaid provider fraud. Doreen Cassarino, DNP, FNP-BC, BC-ADM, FAANP from Naples (who will serve as chair of the committee) Rulemaking Authority 408.819 FS. Medical Use of Marijuana Summary: may be authorized to perform moderate-level or waiver-level clinical laboratory testing within the hospital or hospital-based off-campus emergency department with a separate federal Clinical Laboratory Improvement Amendments (CLIA) program clinical laboratory certification under 42 C.F.R. ), Chapter 435 and Florida Statute (F.S. The Board voted to approve the application and move forward with rulemaking at its June 5th meeting. The bill clarifies approved midwifery program education standards and clinical training requirements and aligns midwifery program approval standards with accreditation and licensing standards for direct entry midwifery programs. Prescription Drug Monitoring Program SB 566 (Full Text). The bill also authorizes certified pharmacists to administer influenza vaccines to individuals seven years of age or older through an established protocol with a supervising physician. An authorized RN may delegate tasks to CNAs or home health aides if the RN determines that the CNA or home health aide is competent to perform these tasks, that the tasks are delegable under applicable Federal law, and the tasks meet certain criteria designated in the law. Prohibits providers from balance biller members of a PPO or EPO for emergency services, or for nonemergency services, when the nonemergency services are provided in a network hospital and the patient had no ability or opportunity to choose a network provider. Level 2 Background Check is the term used in Florida Statutes to convey the method of the criminal history record check and the extent of the data searched. Summary: The Agency will review all screening results and a determination of Eligible or Not Eligible will be posted on our secure website. The Board of Nursing voted to initiate rulemaking on various aspects of HB 607 during its meetings on June 5, 2020. A: No, documents do not need to be certified; however, you will need to submit: A: As long as the documents are legible, you may: A: You must make an attempt to obtain this documentation from the Clerk of Courts office, probation office or arresting agency. The bill also makes conforming changes to statutory citations and terminology throughout the statutes. 893, F.S. The bill authorizes a pharmacist to use certain laboratory or clinical tests, as well as any established screening procedures for which no test is available. 2. The bill amends various provisions related to Department of Health impaired practitioner programs. New applicants for ARNP certification will submit documentation as part of the initial licensure process. Effective Date: July 1, 2020 Practice of Pharmacy At renewal, a PA must acknowledge that he/she has completed a minimum of ten (10) hours of continuing medical education in the specialty practice in which the PA has prescriptive privileges. How does AHCA determines the eligibility for employment? The Board also voted to define primary care practice to include health promotion, disease prevention, health maintenance, counselling, patient education, and diagnosis and treatment of acute and chronic illnesses in a variety of healthcare settings. Authorizes licensing boards to recognize certain military-issued credentials earned by active duty military members and their spouses for purposes of issuing a license in a health care profession, and designates March 25th of each year as Medal of Honor Day., Controlled Substances HB 389 (Full Text). (d)Section409.9201, relating to Medicaid fraud. The Background Screening Unit processes screening results for health care providers in Florida currently licensed by the Agency for Health Care Administration. Summary: Many criminal offenses may be returned on a Level 2 background screening which initially appears to disqualify the individual from being employed in an AHCA-licensed facility, especially where the patients will be elderly, disabled, or children. The bill authorizes paramedics to perform basic life support services and advanced life support services to patients receiving acute and post-acute hospital care at home under the supervision of a physician or standing orders as described in sections 401.265, 458.348, or 459.025, Florida Statutes. (f) FDLE means the Florida Department of Law Enforcement. ), Chapter 408.809 . (g) Level 1 Screening means an assessment of the criminal history record obtained from the FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.03 or 408.809(5), F.S. Effective Date: July 1, 2016 The bill authorizes a pharmacist to enter into a collaborative pharmacy practice agreement (CPPA) with a physician to manage chronic health conditions if the pharmacist meets certain qualifications. Effective Date: July 1, 2021 &u /6_m J It creates the protected term occupational therapist doctorate, provides an exemption from licensure, and a registration process for individuals fulfilling an occupational therapy doctoral capstone experience. The Department of Health is required to report the data collected from such surveys to the boards biennially. Effective Date: October 1, 2018 AFTER HOURS AND WEEKEND APPOINTMENTS ARE AVAILABLE, CONVENIENCE FEES APPLY. A registration issued on or before March 31, 2017, may not be renewed or reissued and will expire on March 31, 2022. Prescriptions may be written in paper or electronic form but must comply with sections 456.0392(1) and 456.42(1), Florida Statutes. The Board determined that an equivalency to the required graduate level coursework required for registration would be 45 CE hours in each of the required subject areas. immediately if arrested for any of the disqualifying offenses while employed by the employer; AND the proof of screening within the previous 5 years in section 408.809(2), Florida Statutes which requires proof Effective Date: July 1, 2019 At its June 5th meeting requirement to earn a certified medical assistant credential and revises medical assistant and... Florida, contact the Florida Senate website Health impaired practitioner programs and if confirmed as a contractors or.: Background screening may be used for this requirement i just received an email that my was... 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