AHCA Background Screening Application for Exemption An individual who has been found guilty of any "disqualifying criminal offenses as listed in sections 435.03 (2), 435.04 (2), and 408.809 Florida Statutes might be deemed ineligible to work with minors or senior citizens. Federal approval is required before the programs may begin. Licensure & Regulation Jim Quinlan, DNP, ARNP from Williston (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. In addition, the new law states that every pharmacy must make health information disseminated by the Agency for Health Care Administration available on its website and notify customers in the store that this information is available online. Consumers who have PPO or EPO coverage would therefore only be responsible for billing differences in circumstances where they knowingly opted to receive out-of-network care. [ 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. Likewise, out-of-state licensed professional counselors in compact states will be authorized to provide services to Florida patients through telehealth and in-person. Effective Date: July 1, 2017 Documentation from the Clerk of Court, Department of Corrections and/or the arresting agency must be provided on their letterhead indicating the document(s) are no longer available. Additional discussions on HB 607 will take place during the Boards August 6-7, 2020, meeting. Financial responsibility requirements are established in the new law for APRN autonomous practice. Background Screening. Health Care Practitioner Discipline Nurse Licensure Compact Includes human trafficking as predicate offense for felony murder; prohibits permanently branding, or directing permanent branding, of victim of human trafficking; requires DOH to suspend license of massage therapist or massage establishment for specified violations in conjunction with establishment; provides that licensed massage therapist may not receive new or renewal license if applicant is convicted of certain prostitution offenses in conjunction with massage establishment; provides that licensed massage establishment may not receive new or renewal license if specified persons connected with establishment are convicted of certain prostitution offenses in conjunction with establishment; provides that minors may not be charged with specified prostitution offenses; requires person convicted of specified racketeering offenses to register as sexual predator or sexual offender; reenacts various provisions. Summary: (a) Arrest Report means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest. Summary: The bill expands current law to authorize a community pharmacy to provide outpatient dispensing through the use of an automated pharmacy system. How does AHCA determines the eligibility for employment? Requiring that the pamphlet provided to the patient be printed; Authorizing a health care practitioner to discuss non-opioid alternatives with, and provide the pamphlet to, the patients representative rather than the patient; Specifying that only those health care practitioners ordering or prescribing or providing care that requires the administration of anesthesia using an opioid must meet the requirements and removing the requirement to address non-opioid alternatives when a drug is dispensed or administered; and. (l) Section831.01, relating to forgery. Effective Date: May 31, 2017 (p)Section831.30, relating to fraud in obtaining medicinal drugs. 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. This provides a cost savings for applicants in the Clearinghouse that have had a lapse in employment greater than 90 days. The drug may be dispensed up to a 48-hour supply or through the end of the next business day. November 19, 2021 CFOP 60-25, Chapter 2 2-3 . hbbd```b``3@$& `q)DrEHv3d&e|`N9dLV+1W&2n`[&II0L* df&FF94!30~0 nb Senate Bill 1742 (Full Text). The estimate must be provided to the patient or their proxy within 7 business days after receiving the request, however the practitioner is not required to adjust the estimate for any potential insurance coverage. Summary: The fingerprints may be retained by the Department of Law Enforcement under s.943.05(2)(g). Summary: Summary: If the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn. But there is a way Howell, Buchan, and Strong can solve this problem for you. Criminal history reports must be complete to render a decision. The bill replaces the CORPA with the CHEA or its successors. A person who serves as a controlling interest of, is employed by, or contracts with a licensee on July 31, 2010, who has been screened and qualified according to standards specified in s.435.03 or s.435.04 must be rescreened by July 31, 2015. House Bill 423 (Full Text). (n)Section831.07, relating to forging bank bills, checks, drafts, or promissory notes. Nonopioid Alternatives You are now required to report your continuing education/continuing medical education (CE/CME) course completions, Click Here to Apply to access the Employment Exemption Application, https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/exemption.shtml, http://www.deadiversion.usdoj.gov/index.html, Marriage and Family Therapist Intern Intern , Florida Department of Health, Division of Medical Quality Assurance. Dispensing Medicinal Drugs Summary: Senate Bill 450 (Full Text). Vicky Stone-Gale, DNP, FNP-C, MSN from Plantation An individual seeking an exemption must demonstrate by clear and convincing evidence that an exemption from disqualification should be granted. Summary: Any health care practitioner wishing to prescribe controlled substances must apply for a registration number from the Drug Enforcement Administration (DEA). 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. The minor petitions the circuit court where she resides and receives a judicial waiver of parental consent. HOURS OF OPERATION: MONDAY- THURSDAY 9AM-5PM (LAST WALK-IN PERMITTED PRIOR TO 4:15 PM) & ON FRIDAYS9AM-4PM (LAST WALK-IN PERMITTED PRIOR TO 3:15 PM). If withdrawn, the individual must submit a new fingerprint card accompanied by the required fee. Summary: Summary: A: The Florida Department of Health reviews applications and makes decisions for Licensed and certified health care professionals, as long as the person is working in the scope of his or her license or certification (for example: CNA, LPN, RN). The bill also requires the consultant pharmacist to maintain all drug, patient care, and quality assurance records. AFTER HOURS AND WEEKEND APPOINTMENTS ARE AVAILABLE, CONVENIENCE FEES APPLY. The bill also creates a public meeting exemption where sensitive matters listed in the statute are addressed. The law authorizes the Department to register and regulate office surgery centers. It depends on the circumstances. Provide a requirement to earn a certified medical assistant credential and revises medical assistant qualifications. Effective Date: July 1, 2020 Most of us heard that Level 2 Background Check generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated [] Florida Department of Elder Affairs CDC+ Program, Background Screening and Live Scan Fingerprinting 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. The bill authorizes a certified registered pharmacy technician to administer vaccines and immunizations to adults under the supervision of a certified pharmacist. Summary: Effective Date: July 1, 2018 In addition, the bill also creates Section 465.1893, Florida Statutes, initiating the following: Florida Comprehensive Drug Abuse Prevention and Control Act Certified Master Social Workers | Pain Management Clinics | Dental Laboratories | Paramedics | Emergency Medical Technicians | Radiologic Technicians | Medical Physicists | School Psychologists | Office Surgery Registration | Genetic Counseling. &u /6_m J A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. 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. Effective Date: July 1, 2022 Processing includes making a determination of eligibility and evaluating applications for exemption. It is a third-degree felony for a health care practitioner to intentionally transfer human reproductive material into the body of a recipient or implant a human embryo of a donor, knowing that the recipient has not consented to the use of the reproductive material or embryo from that donor. 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. HB 831 (Full Text). It may take a little bit of legwork to retrieve these documents, so it is important to contact our firm as soon as possible so that we dont miss the deadline. If you are unsure if you require an exemption, please contact AHCA at 850-412-4503 to verify that you have been disqualified from employment. Effective Date: April 14, 2016 Please note: The Florida Department of Health can only issue exemptions to individuals licensed with our agency. Upon enactment of the compact, the bill authorizes eligible Florida licensed mental health counseling practitioners to apply for licensure to provide services to out-of-state patients through either telehealth or in-person across compact states. The bill excludes visual assessment, imaging, and diagnostic medical or surgical procedures from the definition of pelvic examination, requires informed verbal consent of conscious patients in addition to written consent, prescribes those circumstances when consent is not required, and limits the need for informed consent to the initial pelvic examination of a pregnant woman under certain circumstances. The bill prohibits a collaborating pharmacist from modifying or discontinuing any medication that is prescribed by a health care practitioner with whom he or she does not enter into a CPPA and from initiating or prescribing a controlled substance. It also creates the misdemeanor crime of providing false or fraudulent emotional support animal information or documentation and requires a convicted person to perform 30 hours of community service for an organization serving persons with disabilities, or another entity or organization the court determines appropriate. Abortion HB 851 (Full Text). Providing that certain acts of dispensing controlled substances in specified facilities are not required to be reported to the prescription drug monitoring program; authorizing the designee of a health care practitioner, pharmacist, pharmacy, prescriber, or dispenser or an impaired practitioner consultant to receive certain information from the prescription drug monitoring program. (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. Summary: Distributing Pharmaceutical Drugs and Devices A licensed mental health professional must be on the premises when clinical services are provided by a registered intern in a private practice setting. HB 17 (Full Text). The bill requires mental health counselors practicing under the compact to withdraw from all practice under the compact if the mental health counselor is in an impaired practitioner program. Appointed members include: Has an active professional license or certification from the Department of Health but is not providing a service within the scope of that license or certification. Such an impairment will not be considered grounds for discipline if the practitioner: Medical Faculty & Medical Assistant Certification (4) Results of Screening and Notification. Summary: The bill also requires physicians who perform abortions outside of a medical facility to submit a monthly report to AHCA. 2. 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. A pharmacist may not prescribe any controlled substance; however, the Board-developed formulary may include any non-controlled substance, including those that typically need a prescription to dispense, such as antibiotics, and over-the-counter medications. 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. Health Access Dental Licenses Effective Date: July 1, 2018 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. Ten hours of CE, approved by the Board, must be completed at each renewal in addition to completing the 30 hours of CE already in place, even if the APRN is exempt from existing CE requirements due to his or her national certification. 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. Child Welfare The portal was established to provide healthcare practitioners 24 hours a day access to the division's licensing services, including the ability to apply for a license or permit online, check the status of your application, and manage your licensure record. Effective Date: July 1, 2021 (7)The agency and the Department of Health may adopt rules pursuant to ss. Any reproduction may be prohibited under federal/state copyright or trade secret laws. The bill amends section 456.024, Florida Statutes eliminating provisions for temporary licensure of military spouses while establishing expedited, full licensure for an active-duty military spouse that is licensed in another state. 369 0 obj <>stream Human Trafficking Effective upon enactment of the Professional Counselors Licensure Compact (compact) into law by 10 states, the bill enacts and authorizes Florida to join the compact. 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: It requires the Department of Health to issue an Emergency Order suspending the license of any health care practitioner who is arrested for committing or attempting, soliciting, or conspiring to commit any act that would constitute a violation of certain offenses in this state or similar offenses in another jurisdiction. Amends definition of an LPN and RN to include a multistate license. The other required times are: If an individual obtains a new potentially disqualifying charge or a disqualifying charge. Senate Bill 1084 (Full Text). Nonresident Sterile Compounding Permit The bill amends numerous practice acts to streamline regulation and increase efficiency. (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. Effective Date: July 1, 2021 Florida Board of Pharmacy House Bill 977 (Full Text). The bill adds definitions of "fatal fetal abnormality" and "medical abortion," and revised the definition of gestation in section 390.011, Florida Statutes. Summary: Mental Health Counselor Intern Occupational Therapy Assistant 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. Prescriptions may be written in paper or electronic form but must comply with sections 456.0392(1) and 456.42(1), Florida Statutes. Automated Pharmacy Systems Effective Date: July 1, 2019 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. Effective Date: Upon Enactment into Law A minimum of a masters degree from a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); A minimum of a master's degree with an emphasis in marriage and family therapy from a college or university that is accredited by the Council on Accreditation of Counseling and Related Educational Programs (CACREP); or. Summary: The Department of Law Enforcement shall charge the agency for screening pursuant to s.943.053(3). Content provided by the Florida Department of Health presented herein is for informational purposes only. BGScreen@ahca.myflorida.com. HB 487 (Full Text). Summary: SB 926 (Full Text). 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. (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. (q)Section831.31, relating to the sale, manufacture, delivery, or possession with the intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony. A Livescan Level II background screening must be completed prior to receiving an exemption. 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. The Controlled Substances Formulary Committee must consist of three ARNPs recommended by the Board of Nursing; three physicians recommended by the Board of Medicine who are licensed under chapter 458 or 459, Florida Statutes, and have experience with ARNPs; and a pharmacist licensed under chapter 465, Florida Statutes, who holds a Doctor of Pharmacy degree and is recommended by the Board of Pharmacy. However, they can still apply for AHCA's exemption from disqualification. 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. HB 241 (Full Text). Requires the Department to adopt rules implementing this section and develop a form for reporting adverse incidents. This form must be kept in the employees personnel file. Summary: An analysis and review of court dispositions and arrest reports may be required to make a final determination. Effective Date: July 1, 2016 All of these documents will need to be neatly organized and AHCA must receive the documents within 30 days from receipt of its letter. (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. hb```B eax J-C Is%Ivmv@FGCChGRG\930yX,b X)k JvFvN/n\D|J7A/~)0lcxp6$,lpg1(@` c,\ This bill requires an athletic trainer to work within his or her scope of practice as defined by the Board of Athletic Training and revises the educational and internship requirements for licensure. Medical Use of Cannabis/Low-THC Cannabis for Medical Use Written consent for the pelvic exam is not required if a court orders the exam to collect evidence or if the exam is necessary to avert a serious risk of irreversible impairment of a major bodily function of the patient. JH HQAA)NeG Effective Date: June 23, 2017 Senate Bill 8-A (Full Text). (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. 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. where we provide "On-Call Legal Services to Healthcare Professionals". The bill exempts medical doctors, osteopathic physicians, and chiropractic physicians from the requirement to be licensed as a home medical equipment provider in order to sell or rent electrostimulation medical equipment and supplies to their own patients in the course of their practice. Supervision of a certified medical assistant qualifications disqualified from employment this section and develop a for! 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