If a report is missing the disposition of an arrest for a disqualifying offense(s) the person screened will be notified by certified mail to obtain additional information from the arresting jurisdiction. Office Surgery Whether the applicant has been arrested for or convicted of another crime, even if that crime is not a disqualifying offense. HB 1337 (Full Text). Written documentation that reasonably supports that a person has a disability may be provided by any federal, state, or local government agency, specified health care practitioners, telehealth providers, or out-of-state practitioners who have provided in-person care or services to the tenant on at least one occasion. Deregulation of Professions and Occupations Mental Health Counselor Intern 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. 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. The bill replaces the CORPA with the CHEA or its successors. Senate Bill 622 (Full Text). Permit and Inspection Fees Summary: HB 351 (Full Text). Senate Bill 262 (Full Text). HB5203 (Full text link). Consultant Pharmacists Optometrist HB 451 (Full Text). House Bill 375 (Full Text). Physicians are also now permitted to order full potency, medical cannabis for patients suffering from a terminal condition attested to by two physicians. 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: 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. All nurses are required to comply, including those who qualify for the existing exemption from continuing education in the Nurse Practice Act. Jones Health Law Podcast: What are the Differences between a Rural Health Care Clinic and a Federally Qualified Health Center? Summary: Effective Date: October 1, 2017 The Board is directed to adopt rules implementing the new law in consultation with the Agency for Health Care Administration (AHCA). Effective Date: July 1, 2017 In addition, the bill provides for the future repeal of provisions relating to the organization. AHCA Form # 3100-0008, May 2015 Rule 59A-35.090 . The bill expands the scope of Class III institutional pharmacies to authorize them to dispense, distribute, compound, and fill prescriptions for medicinal drugs for inpatient treatment to a patient receiving acute and post-acute hospital care at their residence through a program approved by the Centers for Medicare and Medicaid Services and the Agency for Health Care Administration. Persons designated as sexual predators, sexual offenders or career offenders are not eligible for an Exemption from Disqualification. 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. If the practitioners continuing education records are complete, they will be able to renew their license without interruption. If you do not have one and would like to retain my legal services please contact me using the contact information listed above. Click here. Donation and Transfer of Human Tissue Providers may access the screening results through the Agencys secure website at:Background Screening Results Web Site. 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. Clinical Social Worker Intern Effective Date: March 31, 2016 SB 926 (Full Text). HB 743 (Full Text). Senate Bill 510 (Full Text). The fingerprints may be retained by the Department of Law Enforcement under s.943.05(2)(g). If you have completed a Livescan Level II background screening, with the Agency for Health Care Administration, within the last three (3) months, you may not be required to be rescreened. Summary: 1. Requiring the Agency for Health Care Administration, the Department of Health, and the Office of Insurance Regulation to collect certain information; creating the Telehealth Advisory Council within the agency for specified purposes; reenacting provisions relating to provider payment of managed medical assistance program participants. Additionally, the bill repeals the requirement that DOH must obtain a monthly list from the United States Health and Human Services (USHHS) of the health care practitioners who have defaulted on their student loans. Effective Date: July 1, 2022 [ Reference 408.809(4) and 435.04, 435.05], Existing employees or contractors screened, qualified and hired before August 1, 2010, that have a disqualifying offense revealed during a rescreening that was not disqualifying at the time of the prior screening, may continue to work, if the employer agrees, while applying for an exemption from disqualification as long as the employee/contractor is eligible to apply for an exemption and the application is received by the appropriate agency within 30 days after receipt of the rescreening results. The cost of the state and national criminal history records checks required by level 2 screening may be borne by the licensee or the person fingerprinted. A: One reference letter must be from a current or most recent employer on the employers letterhead. (e) In deciding whether to grant or deny an exemption request, the Agency shall consider factors such as the facts and circumstances surrounding the disqualifying offense(s), the nature of the harm to the victim, whether the individual is on probation or parole, whether restitution has been made, the length of time since the last offense, the history of the person since the disqualifying offense(s), work experience, personal references, performance evaluations, probation or parole violations, education, other evidence of rehabilitation, and the honesty and candor of the disqualified individual. Effective Date: July 1, 2021 Our firm can assist you with demonstrating to AHCA by clear and convincing evidence that an exemption from disqualification should be granted. Clinical Lab Testing (Clinical Lab Personnel) Please note: In the event we cannot verify your screening with AHCA, you will be required to complete the Livescan requirement. 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. The bill changes references from the Department of Business and Professional Regulation to the Department of Health as it relates to the payment of the Florida Birth-Related Neurological Injury Compensation by applicants and licensees. If the individual was previously screened through the Agency, the reported incident is researched and if confirmed as a . The bill requires psychologists applying for licensure to have obtained a doctoral degree from an APA accredited program or the equivalent of a degree from an APA-accredited program from a school or university located outside the United States which was officially recognized by the government of the country in which it is located as an institution or program to train students to practice professional psychology. HB229 (Full text link). Radiologic Technology , Licensed Clinical Social Worker Submitted courses must have documentation of differential diagnosis and pharmacology in the course description and objectives. 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. 2. Section 17: Orthotists and Prosthetists Summary: The minor petitions the circuit court where she resides and receives a judicial waiver of parental consent. HB 29 (Full Text), Summary: Section 22: Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling Effective Date: July 1, 2020 Controlled Substances Formulary Committee: Add John Hopkins All Childrens Hospital in St. Petersburg to the statutory list of institutions where a full-time faculty member may qualify for a medical faculty certificate. Pharmacy Permit (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 amended section 624.27, Florida Statutes, to authorize podiatric physicians to enter into a direct care agreement with patients. If you have received an exemption from another state agency you may submit a copy with your application. Effective Date: Upon becoming a law All screenings that are received for employment purposes in an AHCA regulated facility are . Effective Date: July 1, 2020 HB1307 (Full text link). &u /6_m J Senate Bill 964 (Full Text). . Descriptions of such offenses are listed inFlorida Statute (F.S. Effective Date: July 1, 2020 The law relocates language regarding electronic prescribing from existing section 456.43, Florida Statutes, to section 456.42, Florida Statutes, and repeals section 456.43, Florida Statutes, on January 1, 2021. Summary: 2010-114, provides that [t]he changes made by this act are intended to be prospective in nature. This provision does not apply to staff hired before August 1, 2010, who has never been screened. (h)Section817.505, relating to patient brokering. Public Records (2)Every 5 years following his or her licensure, employment, or entry into a contract in a capacity that under subsection (1) would require level 2 background screening under chapter 435, each such person must submit to level 2 background rescreening as a condition of retaining such license or continuing in such employment or contractual status. 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. Marriage and family therapy applicants must graduate with a masters degree from a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) or a Council on Accreditation of Counseling and Related Educational Programs (CACREP)accredited program or complete a masters degree at any institutionally accredited college or university with a major emphasis in marriage and family therapy or a closely related field with a degree conferred date prior to September 1, 2027. 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 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. 408.809 Background screening; prohibited offenses.- (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: (a) The licensee, if an individual. 2009-223; s. 21, ch. A CPPA must meet certain terms and specify the health conditions, treatments, and tests governed by the CPPA. 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. In accordance with section 435.07, Florida Statutes, persons disqualified from employment may be granted an exemption from disqualification. For each controlling interest who has been convicted of any such offense, the licensee shall submit to the agency a description and explanation of the conviction at the time of license application. Occupational Therapy The registration application will be available after July 1, 2020. In addition, each letter of recommendation must be signed and dated within 6 months of your application submission. Summary: The department strongly urges all users of this site to conduct their own investigation of any individual, organization, product or service appearing on this site or that is electronically linked to this site. The bill removes the specific provision allowing DOH to discipline a health care practitioner for failing to repay a student loan and the associated mandatory discipline. Occupational Therapy; The bill amends the definitions of occupational therapy and the practice of occupational therapy. Sections 22-26 go into effect on 7/1/20 However, they can still apply for AHCA's exemption from disqualification. Effective Date: July 1, 2018 %%EOF The law establishes the Dental Student Loan Repayment Program to support dentists who practice in public health programs in underserved areas and requires the Department to establish the Donated Dental Services Program to provide comprehensive dental care to certain eligible individuals. 2023 FL HealthSource, All Rights Reserved Florida Department of Health | Division of Medical Quality Assurance Web Portal, Dietetics and Nutrition Practice | Electrolysis | Licensed Midwifery | Physician Assistants, DEPARTMENT REGULATED PROFESSIONS/FACILITIES, Certified Master Social Workers | Paramedics | Emergency Medical Technicians | Radiologic Technicians | Medical Physicists | School Psychologists | Genetic Counseling. Senate Bill 1084 (Full Text). (3)All fingerprints must be provided in electronic format. 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. The bill clarifies that a consultant pharmacist is not authorized to diagnose any disease or condition, and authorizes the Board of Pharmacy to establish additional education requirements for licensure as a consultant pharmacist. In addition, I agree to immediately inform my employer if arrested or convicted of any of the disqualifying offenses while employed by any health care provider licensed pursuant to Chapter 408, Part II F.S. The new law added additional disqualifying criminal offenses (includes luring and enticing a child; voyeurism, video voyeurism; and unlawful sexual activity with certain minors). Effective Date: July 1, 2022 requirements for qualifying for employment in regards to the background screening standards set forth in Chapter 435 and section 408.809, F.S. The law requires the Department to issue an emergency order suspending or restricting the registration of certain facilities when the office is found not in compliance with the standards of practice for office surgery. The granting of an exemption does not change an individual's criminal history. This definition will also move through the rulemaking adoption process prior to becoming effective. Effective Date: April 14, 2016 Please see the Exemption Application for additional information. (a) Final results of background screening requests will be provided to the requesting provider through the Agencys secure web site. As a renewal condition, an additional two hours of approved continuing education must be completed. Physicians who supervise or provide medical direction to a paramedic are liable for any act or omission of the paramedic while acting under supervision or medical direction. Appointed members include: exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). This post was authored by Jamaal R. Jones, Esquire (Partner) of Jones Health Law, P.A. All of the information and references made to laws, rules, regulations, and advisory opinions were accurate based on the law as it existed at this time, but laws are constantly evolving. Effective Date: July 1, 2020 In accordance with Section 381.003, Florida Statutes, effective January 1, 2021, all health care practitioners licensed under chapter 458, chapter 459, or chapter 464 in this state who administer vaccinations or causes vaccinations to be administered to children from birth through 17 years of age is required to report vaccination data to the immunization registry, Florida SHOTS, unless a parent or guardian of a child has refused to have the child included in the immunization registry by meeting the requirements identified in 381.003(e)2., F.S. A licensed mental health professional must be on the premises when clinical services are provided by a registered intern in a private practice setting. Level 2 background screening with AHCA fingerprints (Should already be on file with FDLE) Please sign release form attached in packet Physical within six (6) months that states you are free from communicable diseases. hb```)B ea8p0 Patients must contact their health insurer or health maintenance organization for any information relating to cost-sharing responsibilities. (d) An Application for Exemption will not be reviewed until all required documents are obtained. HB 307 passed during the 2016 Legislative Session, and became law on March 25, 2016, as Section 381.986, Florida Statute. 0 A minimum of a master's degree with an emphasis in marriage and family therapy or a closely related field, with a degree conferred before September 1, 2027, from an institutionally accredited college or university. Creates sections 624.490, 627.64741, 627.6572 and 641.314, Florida Statutes, establishing definitions, registration and duties involving prescription benefit managers and associated contracts. Finally, the new law requires the Department to approve three additional dispensing organizations should the active patient population in Florida reach 250,000. 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HB1121 (Full text link). The applicant for the exemption has completed or been lawfully released from confinement, supervision or nonmonetary condition imposed by the court for all misdemeanors prohibited under any of the statutes cited in this chapter or under similar statutes of other jurisdictions. APRNs would be licensed instead of certified. No subsequent intern registration may be issued unless the intern has passed the theory and practice examination. An analysis and review of court dispositions and arrest reports may be required to make a final determination. (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. 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. Requires the executive director of the Board of Nursing to serve as state administrator of the Nurse Licensure Compact. Do you need to speak with ELI about Background Screening? Effective Date: July 1, 2018 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 Summary: After receiving Level 2 Background Screening results from FDLE / FBI, AHCA will look if there are Disqualifying criminal offenses in the report. Effective Date: July 1, 2016 Welcome to the Division of Medical Quality Assurance online service portal. 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. The bill amends section 456.51, Florida Statutes, relating to informed consent for pelvic examinations. House Bill 1175 (Full Text). Effective Date: July 1, 2017 Prescription Drug Importation Programs (2) Processing Screening Requests, Required Documents and Fees. Clarifies certain supervision requirements detailed in Chapter 491, Florida Statutes. Check presented by the provider indicated a potentially disqualifying offense with no documentation demonstrating final disposition. Separate portions of HB 607, now referred to as Chapter 2020-9, Laws of Florida, impact Board of Nursing licensees. Summary: Effective Date: January 1, 2020 Effective Date: July 1, 2018 The bill also requires a health care practitioner, a medical student, or any other student who is receiving training as a health care practitioner to obtain the written consent of a patient or a patients representative before performing a pelvic exam. Summary: Nonopioid Alternatives 1. Effective Date: July 1, 2022 Summary: Allow the holder of a medical faculty certificate to practice at a specialty-licensed childrens hospital in accordance with Chapter 395, F.S.. For more information contact us at (305) 877-5054; email us at JRJ@JonesHealthLaw.com, or visit our website at www.JonesHealthLaw.com. 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