Summary:
SB 544 (Full Text). The Florida Agency for Health Care Administration (AHCA), Background Screening Unit (BGS), is responsible for screening any health professionals who work in a health facility such as a nursing home, hospital long term care facility, home health agency or health care clinic. 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. Effective Date: July 1, 2020
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Effective Date: July 1, 2018
Sections 22-26 go into effect on 7/1/20
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In addition, the bill also creates Section 465.1893, Florida Statutes, initiating the following: Florida Comprehensive Drug Abuse Prevention and Control Act
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. Health Care Practitioner Discipline
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. Effective Date: July 1, 2016
An analysis and review of court dispositions and arrest reports may be required to make a final determination. Summary:
The law allows a qualified physician to determine that smoking is an appropriate route of administration for medical marijuana. Our firm can assist you with demonstrating to AHCA by clear and convincing evidence that an exemption from disqualification should be granted. 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. House Bill 221 (Full Text). 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. Senate Bill 622 (Full Text). (a) Arrest Report means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest. 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. The bill prohibits a nursing home from taking adverse action against a prescriber or resident who refuses to use the institutional formulary. The law permits the inspection, suspension, revocation, and penalty of surgery centers. 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. Evidence of contractor screening may be retained by the contractors employer or the licensee. Total fines may not exceed $5,000. Summary:
Effective Date: July 1, 2020
Nonopioid Alternatives
Please note: In the event we cannot verify your screening with AHCA, you will be required to complete the Livescan requirement. Allows the Department of Health to establish a direct-support organization that has a board consisting of at least five members to provide assistance, funding, and promotional support for the activities authorized for the program. Summary:
Finally, if you are a certified or licensed healthcare professional you may also have to file an application for exemption with the Florida Department of Health (DOH). Summary:
(c) Disqualifying Offense means any criminal offense prohibited in Section 435.03, 435.04 or 408.809(5), F.S. Effective Date: Upon becoming law. HB 17 (Full Text). This bill modernizes the definitions of physical therapy assessment and the practice of physical therapy to reflect current practice and authorizes the Board of Physical Therapy Practice to adopt rules related to the standards of practice for physical therapists (PT) to perform dry needling. The new law allows a Psychiatric Nurse, as defined in Section 394.455, Florida Statutes, and working within the framework of an established protocol with a Psychiatrist, to prescribe psychotropic controlled substances for the treatment of mental disorders. If you are not licensed with the Florida Department of Health, please see the information listed under the section titled Agency for Health Care Administration (AHCA). (a) Persons required to undergo Level 2 background screening in accordance with a licensure application, must submit the completed and signed fingerprint card and screening fee with an application for licensure to the appropriate Agency licensing unit. 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. The bill makes the Florida Birth-Related Neurological Injury Compensation Association (Association) responsible for making all assessments required by the Florida Birth-Related Neurological Injury Compensation Plan except for initial assessments of physicians licensed by the Department of Health and certain casualty insurers. HB 7059 (Full Text). Effective Date: July 1, 2018
HB557 (Full text link). During the 2016 Legislative Session, House Bill 375 was passed and became law on March 28, 2016, as Chapter 2016-125, Laws of Florida. Effective Date: July 1, 2021
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. But there is a way Howell, Buchan, and Strong can solve this problem for you. Effective Date: July 1, 2019
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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. Effective Date: Upon becoming law. For information on obtaining Livescan background screenings, please click on the Locate A Provider tab. with Background Screening Requirements. Need Legal Help? Carrying of Firearms by Tactical Medical Professionals
Effective Date: July 1, 2019
It also requires the educational pamphlet to include specified information relating to risks and benefits of human cells, tissue, and cellular and tissue-based product transplants. Effective Date: July 1, 2020
Requires DOH to report certain investigative information to the coordinated licensure information system (CLIS). To become certified by the Board of Pharmacy, a registered pharmacy technician must complete six hours of approved immunization-related training. Summary:
401, Florida Statutes, and the spouses and children of such emergency medical technicians or paramedics, under specified circumstances; providing for future review and repeal of the exemptions; providing statements of public necessity. Summary:
This form may be obtained from the Agency for Health Care Administration, Background Screening Unit, 2727 Mahan Drive, MS #40, Tallahassee, Florida 32308 or through the Agencys website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_Screening/exemption.shtml. HB 501 (Full Text). Effective Date: July 1, 2020
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. House Bill 1313 (Full Text). 5, ch. The bill clarifies the method for the collection and processing of applicant fingerprint records for the purpose of background screening. Summary:
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. 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. House Bill 373 (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. Tallahassee, FL 32399, Military Occupational Licensure
. Once AHCA received the documents, it will be transferred to the Exemption Team and assigned to one of their analysts. 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. Effective Date: July 1, 2022
(o)Section831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes. The bill amends the minimum educational requirements specified in section 491.004, Florida Statutes, for marriage and family therapy and mental health counseling licensure by examination. (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. Senate Bill 1770 (Full Text), Summary:
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. (b)This chapter, if the offense was a felony. Resubmissions are initiated through our Background Screening website by an AHCA, Medicaid, or Managed Care provider. Requests through the Agency must be submitted using the Agencys background screening website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_S creening/logon.shtml. 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. (1) Definitions: An Affidavit of Compliance with Background Screening Requirements, AHCA Form 3100-0008, October 2009, herein incorporated by reference, and available from the Agency for Health Care Administration at: http://www.ahca.myflorida.com/Publications/Forms/HQA.shtml. Descriptions of such offenses are listed inFlorida Statute (F.S. SB 768 (Full Text). 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 Unit is also responsible for the maintenance and administration of the Care Provider Background Screening Clearinghouse. This form must be kept in the employees personnel file. 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. (g)Section817.234, relating to false and fraudulent insurance claims. (4) Results of Screening and Notification. Once the DOH receives your application they will review it and make a decision as long as that person is working in the scope of their license or certification. In addition, the bills provisions: Certificates of Nonviable Births
The Department is responsible for the creation of and inspection of new permits for an international export pharmacy. The bill creates a new cause for disciplinary action against a health care practitioners license for providing supporting information for an emotional support animal, without personal knowledge of the patients disability or disability-related need. Various clipart and image collections appearing on this site are used under license by the department or its web managers for this site. The bill amends section 483.801, Florida Statutes, adding an exemption from licensure for a registered nurse performing alternate-site testing. Any registration issued after March 31, 2017, will now expire after five years. Eduardo C. Oliveira, MD, MBA, FCCP from Orlando
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. 2006-192; s. 50, ch. AFTER HOURS AND WEEKEND APPOINTMENTS ARE AVAILABLE, CONVENIENCE FEES APPLY. 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. 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. Section 17: Orthotists and Prosthetists
Effective Date: July 1, 2019
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. If withdrawn, the individual must submit a new fingerprint card accompanied by the required fee. Senate Bill 732 (Full Text). Effective Date: July 1, 2021
4052 Bald Cypress Way Summary:
HB 19 (Full Text). 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. A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. physical therapy patients) that would place employee in a role that requires background screening while her application for exemption from disqualification by the agency is being processed and under review. Section 456.076 (9) (a), Florida Statutes, requires the referral of a practitioner to the consultant operating an impaired practitioner program if the Department receives a legally sufficient complaint alleging an impairment and no other complaint exists. Senate Bill 218 (Full Text). 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. If, upon rescreening, such person has a disqualifying offense that was not a disqualifying offense at the time of the last screening, but is a current disqualifying offense and was committed before the last screening, he or she may apply for an exemption from the appropriate licensing agency and, if agreed to by the employer, may continue to perform his or her duties until the licensing agency renders a decision on the application for exemption if the person is eligible to apply for an exemption and the exemption request is received by the agency within 30 days after receipt of the rescreening results by the person. Summary:
Keep Our Graduates Working Act
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. HB 607 (Full Text). The bill clarifies the requirement for monthly reporting to the Agency for Health Care Administration (AHCA), on a form adopted by rule, of surgical and medical abortions by the director of a medical facility where abortions are performed. Licensees or certificate holders must post a sign with relevant portions of the reporting procedure by January 1, 2020. Establishes and provides requirements for Class III institutional pharmacies and adds these pharmacies to those authorized to dispense prepackaged drug products. Individuals providing a Letter of Recommendation should include their name, address and telephone number for verification or possible interview. Providing that a pharmacist may dispense an emergency opioid antagonist pursuant to a non-patient-specific standing order for an autoinjection delivery system or intranasal application delivery system; revising the authority of a licensed physician assistant to order medication under the direction of a supervisory physician for a specified patient; revising the term "prescription" to exclude an order for drugs or medicinal supplies dispensed for administration; authorizing a licensed practitioner to authorize a licensed physician assistant or advanced registered nurse practitioner to order controlled substances for a specified patient under certain circumstances. (c)The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider. HB 241 (Full Text). HB 7107 (Full Text). In accordance with HB 423, the Florida Board of Nursing has established a committee to recommend a formulary of controlled substances that an ARNP may or may not prescribe for specific uses or in limited quantities. Effective Date: July 1, 2020
A user code and password is required for use of this site. Nonresident Sterile Compounding Permit
Effective Date: Upon Becoming a Law (March 11,2020) and July 1, 2020
Public Records
In order to qualify for an exemption, you must have paid any amount for any fee, fine, fund, lien, civil judgment, application, cost of prosecution, trust, or restitution as part of the judgement and sentence for any disqualifying felony or misdemeanor in full. Please note: The Florida Department of Health can only issue exemptions to individuals licensed with our agency. 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. HB 7073 (Full Text). You have 21 days from the date you sign for the certified letter to request an appeal. Summary:
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. (i) Section817.568, relating to criminal use of personal identification information. [ 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. Dispensing Medicinal Drugs
Physician assistants found to be delinquent will be subject to a Department of Health-issued non-disciplinary citation, to include notification that the survey be completed under threat of license renewal denial for any subsequent renewal period. 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. An individual seeking an exemption must demonstrate by clear and convincing evidence that an exemption from disqualification should be granted. Controlled Substances
Effective Date: Upon Enactment into Law
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. 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. Physician Assistant Workforce Surveys
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. For information on obtaining Livescan background screenings, please click on the Locate A Provider tab. 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. Effective Date: Upon becoming law
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. Mental Health
This bill amends various practice acts related to health professions and occupations. Effective Date: July 1, 2020
The burden to request this exemption is therefore solely at the discretion of the licensee or applicant. &u /6_m
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Finally, the new law requires the Department to approve three additional dispensing organizations should the active patient population in Florida reach 250,000. Health Access Dental Licenses
Section 490.014(1)(b), Florida Statutes, and Section 491.014(2), Florida Statutes, were amended to add Occupational Therapy to a listing of exempted professions. Summary:
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The law requires the Department to issue rules on appropriate pesticides for use on medical cannabis after consulting with the Department of Agriculture and Consumer Services. A request for a Level 1 screening through the Agency must be accompanied by the cost required by the FDLE to pay for the cost of processing the request. Clinical Lab Testing (Clinical Lab Personnel)
Effective Date: July 1, 2021
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. Please contact me to be sure that the law which will govern your business is current. It is possible for AHCA and DOH to deny your application even though you feel you meet the criteria for an exemption. Effective Date: July 1, 2020
Effective Date: March 18, 2019
Let's Talk Amends section 456.024, Florida Statutes, revising expedited licensure requirements for active duty military spouses to practice dentistry and eliminates the supervision level requirement for a temporary professional license for dentistry. Effective Date: July 1, 2016
House Bill 1063 (Full Text). 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. 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. The bill authorizes a pharmacist, who meets certain qualifications, to test or screen for and treat minor, nonchronic health conditions within the framework of a written protocol with a supervising physician. (4)In addition to the offenses listed in s.435.04, all persons required to undergo background screening pursuant to this part or authorizing statutes must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for any of the following offenses or any similar offense of another jurisdiction: (a)Any authorizing statutes, if the offense was a felony. Effective Date: January 1, 2020
Effective Date: Upon becoming a law
Health Care
Do you need to speak with ELI about Background Screening? Providing qualifying medical conditions for a patient to be eligible to receive marijuana or a marijuana delivery device. Effective Date: April 14, 2016
Mailed requests must be submitted to the Background Screening Unit at 2727 Mahan Drive, MS 40, Tallahassee, Florida 32308. Effective Date: October 1, 2018
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. Summary:
The law establishes two programs to safely import FDA-approved prescription drugs into Florida: The Canadian Importation Program and the International Drug Importation Program. However, all ARNPs and PAs are required to complete at least three hours of continuing education on the safe and effective prescribing of controlled substances. 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). Effective Date: July 1, 2019
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 you have a Felony Disqualifying Offense, and you have not completed or been lawfully released from confinement, supervision, or non-monetary conditions imposed by the court for the disqualifying felony in the last 3 years, you will not qualify for an exemption. Senate Bill 768 (Full Text). Effective Date: July 1, 2022
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. Click edit button to change this text. Summary:
Submitted courses must have documentation of differential diagnosis and pharmacology in the course description and objectives. The bill clarifies the definitions for approved midwifery program, preceptor, and prelicensure course. ), or any portion thereof, include all subsequent amendments to the act. Does not have an active professional license or certification from the Department of Health; or. HB505 (Full text link). No subsequent intern registration may be issued unless the intern has passed the theory and practice examination. Suspension, revocation, and penalty of surgery centers must submit a 2. Of the Care Provider background screening website at: http: //www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_S creening/logon.shtml relating. ( b ) this chapter may submit a new fingerprint card accompanied by the required.! And convincing evidence that an exemption from licensure for a registered Pharmacy technician must complete six of! 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