BACKGROUND SCREENING REQUIREMENT: It is the policy of the Florida Depart-ment of Children and Families that any applicant being considered for employment must . endstream endobj 337 0 obj <>/Metadata 17 0 R/Pages 334 0 R/StructTreeRoot 33 0 R/Type/Catalog>> endobj 338 0 obj <>/MediaBox[0 0 612 792]/Parent 334 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 339 0 obj <>stream Registration eligibility requirements are established in the legislation and include: no discipline within 5 years of applying for the registration; completion of 3,000 clinical practice hours as an APRN under the supervision of physician within the 5 years immediately preceding the registration request; and, within the past 5 years, completion of graduate-level semester hours, or the equivalent, in differential diagnosis and pharmacology (3 hours in each subject). The bill revises requirements and responsibilities of a consultant pharmacist by authorizing a consultant pharmacist to enter into a written collaborative practice agreement to provide medication management services with a health care facility medical director or Florida-licensed allopathic physician, osteopathic physician, podiatric physician, or dentist to: A consultant pharmacist may only provide services to the patients of the health care practitioner with whom the consultant pharmacist has a written collaborative practice agreement. Summary: House Bill 173 (Full Text). The bill repeals the requirement that DOH must issue an emergency order suspending a health care practitioners license for a student loan default, absent timely proof of a new repayment plan. Effective Date: July 1, 2017 A health care provider may not hire a new employee or contract with a person until a final screening determination of Eligible has been made or the individual is Not Eligible but has been granted an Exemption from Disqualification from the Agency or the Department of Health (if seeking employment in a position that requires professional licensure or certification through the Department). Effective Date: April 14, 2016 During the 2016 Legislative Session, HB 977 passed and became law on April 14th as Chapter 2016-231, Laws of Florida. Senate Bill 852 (Full Text). (g) The Agency shall void any exemption granted to an individual when there is evidence that information which would adversely affect the decision was not made available at the time of the determination or there is a disposition of a new disqualifying offense since the date the exemption was granted. 0 Please consult your own attorney for legal advice. Creates section 295.156, Florida Statutes, that requires alternative treatment services for veterans who have been certified by the Department of Veteran Affairs as having Traumatic brain injury and post-traumatic stress disorder to be provided under the direction and supervision of a licensed physician, osteopathic physician, chiropractic physician, nurse, psychologist, or a clinical social worker, marriage and family therapist or mental health counselor. Effective Date: January 1, 2021 Licensed Marriage and Family Therapist Summary: The Division of Medical Quality Assurance online service portal provides direct access to the division's online License Verification tool, which allows users to search the Division's database by licensee name or license number. Would love your thoughts, please comment. The information contained in the Public Data Portal link is for organizations or individuals who want to obtain general license information about multiple practitioners under specific board regulation. 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 (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. Governor DeSantis signed HB 607 into law on March 11, 2020. Physician Assistant Workforce Surveys Effective Date: March 18, 2019 A: Each agency makes their own decisions regarding exemptions. Summary: Effective Date: July 1, 2018 The bill creates a public meeting exemption for a meeting or a portion of a meeting of the Commission at which matters specifically exempted from disclosure by federal or state law are discussed. %PDF-1.6 % Due to recent changes in accreditation nomenclature at the U.S. Department of Education, all accreditation references in this section were changed from regionally to institutionally accredited college or university. (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 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. Effective Date: Upon becoming law. If withdrawn, the individual must submit a new fingerprint card accompanied by the required fee. The law grants the Department fining authority for non-compliance with statutory requirements for such matters as security, hygiene, packaging and storage. Office Surgery In such instances, written prescriptions may be used, which must meet the requirements under current section 456.43, Florida Statutes. Home Medical Equipment Providers Health Care Practitioner Licensure (d)Section409.9201, relating to Medicaid fraud. (8)There is no unemployment compensation or other monetary liability on the part of, and no cause of action for damages arising against, an employer that, upon notice of a disqualifying offense listed under chapter 435 or this section, terminates the person against whom the report was issued, whether or not that person has filed for an exemption with the Department of Health or the agency. Repealing provisions relating to certification of a medical assistant by the American Association of Medical Assistants or as a Registered Medical Assistant by the American Medical Technologists. For Level 1 and Level 2, the missing information must be filed with the Agency within 30 days of the Agencys request, or the individual is subject to automatic disqualification in accordance with Section 435.05(1)(d), F.S. The bill revises section 459.0055(1)(l), Florida Statutes, to update the organizations which accredit residency programs for Osteopathic Physicians, allowing applicants who completed programs accredited by the American Council for Graduate Medical Education (ACGME) to be licensed. HB 307 passed during the 2016 Legislative Session, and became law on March 25, 2016, as Section 381.986, Florida Statute. HB 431 (Full Text). Effective Date: July 1, 2016 A request for a Level 2 screening through the Agency must be accompanied by the cost required by the FDLE and the FBI to pay for the cost of processing the request. SB 926 (Full Text). Effective Date: July 1, 2021 In addition to completing the Application for Exemption from Disqualification you will need to provide AHCA with the following: It is important to note that when you apply for exemption you must provide all arrest reports, including those that were not specifically listed in the notice that you received from AHCA. Sections 19, 20, 21: Psychology (6) Unless otherwise specified, information requested pursuant to this section must be filed with the Agency within 21 days of the Agencys request. The bill also authorizes telehealth providers to prescribe controlled substances listed in Schedule II of section 893.03, Florida Statutes, when treating a psychiatric disorder, inpatient care at a hospital, a patient receiving hospice services, or a resident of a nursing home facility. Senate Bill 12 (Full Text). Summary: Summary: House Bill 7097 (Full Text). Mail to Florida Department of Health, 4052 Bald Cypress Way, Bin BSU 01, Tallahassee, FL 32399-3260. The bill added pharmacists as health care practitioners who are authorized to order and dispense an emergency opioid antagonist with an auto-injection delivery system or intranasal application delivery system for a patient or caregiver for use in accordance with section 381.887, Florida Statutes. This bill revises the list of schools at which certain faculty members are eligible to receive medical faculty certificate to include Mayo Clinic College of Medicine and Florida Atlantic University. Jones Health Law Podcast: Do Doctors and Nurses Have to Self-Report to the Florida Department of Health If Arrested? If the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn. Summary: The law authorizes the Department to register and regulate office surgery centers. Exempting health care practitioners providing hospice services and providing care in a hospital critical care unit or emergency department from the requirement to discuss non-opioid alternatives with a patient or the patients representative and provide a printed copy of the pamphlet. Summary: Participating and non-participating providers are those defined in s. 627.419, Florida Statutes and s. 627.6471, Florida Statutes. The bill updates the authorized immunizations or vaccines that may be administered as listed in the Adult Immunization Schedule by the Centers for Disease Control and Prevention (CDC), recommended by the CDCs Health Information for International Travel, and those licensed or authorized for emergency use by the U.S. Food and Drug Administration as of March 31, 2022. exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). The course must be completed by nursing licensees for biennial renewals on or after January 1, 2019. Effective Date: July 1, 2016 The bill authorizes certified pharmacists and registered pharmacy interns under the supervision of a pharmacist to administer immunizations or vaccines as of April 30, 2021, as listed in the Adult Immunization Schedule by the Centers for Disease Control and Prevention (CDC), recommended by the CDC for International Travel or licensed for use in the United States, or authorized for emergency use by the U.S. Food and Drug Administration. in psychology, or a Ph.D. in psychology from a psychology program at an educational institution that, at the time the applicant was enrolled and graduated had both an institutional accreditation from an agency recognized and approved by the U.S. Department of Education or was recognized as a member in good standing with the Association of Universities and Colleges of Canada, and had programmatic accreditation from the American Psychological Association (APA). (b) As an alternative to a new background screen, persons required to undergo Level 2 background screening in accordance with Section 408.809, F.S., that have been screened within the previous 5 years by the Agency, Department of Health, Department of Children and Family Services, Agency for Persons with Disabilities or Department of Financial Services, or if the applicant has a certificate of authority to operate a continuing care retirement community, may submit to the appropriate Agency licensing unit: 1. (p)Section831.30, relating to fraud in obtaining medicinal drugs. Summary: A: There is no application fee for an Exemption Application. 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 The bill removes the requirement for graduates from an approved program who have not taken the licensure examination within 6 months of graduation to complete a board-approved licensure examination preparatory course. The second card must be submitted to the Agency within 21 days of the Agencys request or the screening request will be considered withdrawn. HB 1209 (Full Text). Creating and revising reporting requirements for specified research programs; providing licensing requirements for military members and their spouses; revising provisions relating to regulatory activities of DOH and certain boards; revising education requirements for certain health professions to qualify for license renewal. (d) Exemption from Disqualification means an exemption granted by the Agency following a review of the Application for Exemption, AHCA Form 3010-0019, October 2009, hereby incorporated by reference, and an informal hearing, if appropriate, during which the individual must present clear and convincing evidence to support a reasonable belief that he or she has been rehabilitated and does not present a danger to the health, safety, and welfare of the patient or individual as described in Section 435.07, F.S. 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. (2) Processing Screening Requests, Required Documents and Fees. Licensees employed or seeking employment with a health care facility, licensed by the Agency for Health Care Administration, who have been found guilty, regardless of adjudication, or entered a plea of guilty or nolo contendere to any of the criminal offenses listed in Sections 435.03(2), 435.04(2), and 408.809, Florida Statutes, must apply for an exemption through the Department of Health. Athletic Trainers (a) Final results of background screening requests will be provided to the requesting provider through the Agencys secure web site. The bill added the accrediting body, Masters in Psychology and Counseling Accreditation Council, or other equivalent accrediting body to the list of accepted programs. Summary: Summary: Senate Bill 404 (Full Text). The bill amends sections 458.347 and 459.022, Florida Statutes, regarding the practice of physician assistants (PAs) under the supervision of allopathic and osteopathic physicians. hVmoF++K}NH@B)k*!>8Cl>64N3;/;,j&8lc8EIb!,hA,QR ,ZcA^L#,}3zo^79MQi4g*MUr/&+S.4{YE^=)%(dG?7/?f|fu6sq?2DR}a|TOi{R&|tWnQVm5*c^,ZE)l&dY3Wy Effective Date: July 1, 2021 House Bill 1061 (Full Text). Summary: Summary: Financial responsibility requirements are established in the new law for APRN autonomous practice. Telehealth 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. Summary: Physical Therapy Summary: If the practitioners continuing education records are not complete, they will be prompted to enter their remaining continuing education hours before proceeding with their license renewal. Controlled Substances 15. Additionally, the law creates eligibility criteria for the types of prescription drugs to be imported, the importation process, safety standards, distribution requirements, and penalties for violations of the established program. JH HQAA)NeG History.s. Permit and Inspection Fees The fingerprints may be retained by the Department of Law Enforcement under s.943.05(2)(g). Effective Date: July 1, 2021 Prohibits a person who has held a provisional license issued by the board from applying for an intern registration in the same profession. The appropriate Board within the Department of Health will make notification when a decision related to the request is made. Human Trafficking Institutional Formularies Established by Nursing Home Facilities All requested information must be submitted before a determination can be made. Effective Date: July 1, 2020 The Board is directed to adopt rules implementing the new law in consultation with the Agency for Health Care Administration (AHCA). (h)Section817.505, relating to patient brokering. For information on obtaining Livescan background screenings, please click on the Locate A Provider tab. (e)Any person, as required by authorizing statutes, seeking employment with a licensee or provider who is expected to, or whose responsibilities may require him or her to, provide personal care or services directly to clients or have access to client funds, personal property, or living areas; and any person, as required by authorizing statutes, contracting with a licensee or provider whose responsibilities require him or her to provide personal care or personal services directly to clients. Requires a psychiatrist to disclose patient communications to the extent necessary to warn law enforcement of a threat of serious bodily injury or death made by a patient or client. The bill authorizes a certified registered pharmacy technician to administer vaccines and immunizations to adults under the supervision of a certified pharmacist. This form must be kept in the employees personnel file. Practice of Pharmacy Provide a requirement to earn a certified medical assistant credential and revises medical assistant qualifications. A: Rehabilitation includes successful completion of court-ordered treatment, counseling program, education, and training certificates; proof of participation in community activities; and special recognition or awards received. Effective Date: July 1, 2017 HB 1521 (Full Text). The bill requires both the consultant pharmacist and health care practitioner to maintain a copy of the collaborative agreement and make it available upon request or during an inspection. (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. 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. If a person is found to have a new disqualifying offense, or is arrested for any of these offenses, he/she is not eligible to work in a position that requires screening unless an exemption is granted. (b) Disposition means the sentencing or other final settlement of a criminal case which shall include, regardless of adjudication, a plea of nolo contendere or guilty, or a conviction by a judge or jury. HB 851 (Full Text). Effective Date: July 1, 2022 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 Public Records and Meetings/Professional Counselors Licensure Compact (491) SB 566 (Full Text). Any health care practitioner wishing to prescribe controlled substances must apply for a registration number from the Drug Enforcement Administration (DEA). Effective Date: July 1, 2016 Patients must contact their health insurer or health maintenance organization for any information relating to cost-sharing responsibilities. Total fines may not exceed $5,000. The Board, along with AHCA, will also create standards and procedures for CNAs to follow when administering medication in a home health setting. For any such rescreening, the agency shall request the Department of Law Enforcement to forward the persons fingerprints to the Federal Bureau of Investigation for a national criminal history record check. &u /6_m J Amends section 381.0421(12), Florida Statutes, to require the Department of Health to develop and publish on its website an educational pamphlet relating to certain tissue transplants. The administrative law judge will only decide whether the agencys intended action is an abuse of discretion. Effective Date: July 1, 2022 Screening results shall be reviewed by the agency with respect to the offenses specified in s.435.04 and this section, and the qualifying or disqualifying status of the person named in the request shall be maintained in a database. Scheduling of Drug Products Containing Cannabidiol Behavioral Health Workforce Occupational Therapy; The bill amends the definitions of occupational therapy and the practice of occupational therapy. The bill allows prescribing health care practitioners, who are required to provide information about nonopioid alternatives, to provide health care patients (or their representatives under certain circumstances) the required educational pamphlet electronically in lieu of providing a printed copy. Reporting of Adverse Incidents in Planned Out-of-Hospital Births Summary: Mandates that the physician assistant license renewal process include the submission of a completed workforce survey within 90 days of renewal. The new law permits Floridas approved dispensing organizations to cultivate, process and dispense both low-THC cannabis and the higher potency medical cannabis. 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: DOH is required to review the incident report and determine if the incident involves conduct that is subject to disciplinary action; then, if disciplinary action is necessary, DOH must refer the matter to the appropriate board, or to the department if there is no regulatory board. Professional Counselors Licensure Compact (491) 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. Effective Date: March 31, 2016 Effective Date: July 1, 2018 Access to Health Care Services Summary: The law also creates a requirement for dispensing organizations to contract with a third party lab to audit dispensing organization testing protocols and to report their findings to the department. Fax: (850) 487-0470. Telehealth (Dentistry, Medicine, Osteopathic Medicine, Nursing, Podiatric Medicine) 336 0 obj <> endobj Legislative intent and findings to establish a new profession; Scope of practice for genetic counseling; Requirements for initial licensure, renewal, and continuing education; Grounds for disciplinary action and penalties; and. You have been lawfully released from confinement, supervision or other nonmonetary condition imposed by the court for a disqualifying misdemeanor criminal offense; At least 3 years after you have been lawfully released from confinement, supervision, or other nonmonetary condition imposed by the court for a disqualifying felony criminal offense; You have completed any court-ordered fee, fine, fund, lien, civil judgment, application, costs of prosecution, trust, or restitution as part of the judgment and sentence for any disqualifying felony or misdemeanor in full; and, If you have been designated as a sexual predator, sexual offender or career offender you are. Need Legal Help? Florida's law requires you to offer 'clear and convincing evidence to prove your . In addition to existing provisions for emergency responders and crime laboratory personnel, the bill added personnel of a law enforcement agency or any other agency, while acting within the scope or course of employment, who come into contact with a controlled substance or persons at risk of experiencing an opioid overdose. (o)Section831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes. Telephone: (850) 412-4503. HB 1461 (Full Text). Summary: Licensed Mental Health Counselor Human Trafficking Senate Bill 510 (Full Text). Effective Date: July 1, 2020 Effective Date: July 1, 2022 AHCA:Central Services: Background Screening Screening Information The Background Screening Unit reviews the Level 2 criminal history results for all background screenings submitted as part of the employment process for a health care provider and/or for participation as a provider in the Florida Medicaid program. The Unit is also responsible for the maintenance and administration of the Care Provider Background Screening Clearinghouse. Revise the definition of a massage therapy apprentice to include only those persons approved by the BMT to study colonic irrigation under a licensed massage therapist; Updates the name of the accreditation body for psychology programs and revises the requirements for psychology licensure; Limits the Board of Clinical Social Work, Marriage and Family Therapists, and Mental Health Counseling to the issuance of only one additional internship registration; Revises the education, clinical, and licensure requirements for marriage and family therapists and licensed mental health counselors, including updating the program accrediting agencies; Order and evaluate laboratory and clinical testing; Modify or discontinue medicinal drugs pursuant to a patient-specific order or treatment protocol. Background Screening Legal Help. The granting of an exemption does not change an individuals criminal history. Sections 12-14 went into effect on 3/11/20 (c) The individual shall bear the burden of setting forth clear and convincing evidence of rehabilitation which includes any information indicating the individual presents no danger to the safety or well being of others. Administration of Vaccines Jeffrey Mesaros, PharmD, JD from Orlando. Creates section 456.0341, Florida Statutes, requiring persons licensed or certified under Chapter 457, 458, 459, 460, 461, 463, 465, 466, part II, III, V or part X of 468, 480, or 486 to complete a board or department approved 1-hour continuing education course on human trafficking. 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. Physicians are also now permitted to order full potency, medical cannabis for patients suffering from a terminal condition attested to by two physicians. Appointed members include: Previously, only felony battery and battery on a minor were disqualifying offenses for purposes of the Level II background screening. Creates section 456.47, Florida Statutes, establishing standards of practice for telehealth providers, registration of out-of-state providers, venue requirements and exemptions. A: AHCA reviews applications and makes decisions on Exemptions for: For more information regarding the exemption process with AHCA, visit https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/exemption.shtml, or call 850-412-4503. Providing qualifying medical conditions for a patient to be eligible to receive marijuana or a marijuana delivery device. The bill prohibits a physician from performing an abortion on a minor unless the physician has received a notarized, written consent statement signed by the minor and her mother, father, or legal guardian and the physician has been presented with proof of identification and proof of parentage or guardianship by the parent or legal guardian. 2009-223; s. 21, ch. After September 1, 2027, applicants must have graduated from a COAMFTE or CACREP accredited program. Effective Date: July 1, 2020 Becomes a participant in an impaired practitioner program and successfully completes the participant contract; Voluntarily withdraws for practice or limits the scope of his or her practice, if required by the consultant; Provides to the consultant, or authorizes the consultant to obtain, all records and information relating to the impairment; and, Authorizes the consultant, in the event of the practitioners termination from the impaired practitioner program, to report the termination to the Department and provide all information in the consultants possession relating to the practitioner. Effective Date: January 1, 2020 Summary: (a) Arrest Report means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest. Processing includes making a determination of eligibility and evaluating applications for exemption. 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