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. These hours must be offered by a Board-approved provider or a national organization empowered to accredit nursing CE. Effective Date: July 1, 2018 15. Fax: (850) 487-0470. 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. HB 21 (Full Text). 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. Effective Date: July 1, 2016 Please see below for highlights of the new legislation: Public Records and Meetings/Professional Counselors Licensure Compact (491) 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. A user code and password is required for use of this site. 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. Background Screening Training coursework is required in order for a CNA to administer medication under an RNs delegation. SB 562 (Full Text). Autonomous APRNs must also now report adverse incidents as outlined in the legislation and additional disciplinary actions are added to the Nurse Practice Act. 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. 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. AHCA Form # 3100-0008, May 2015 Rule 59A-35.090 . Law Implemented 408.809, 408.810 FS. Likewise, out-of-state licensed professional counselors in compact states will be authorized to provide services to Florida patients through telehealth and in-person. The bill specifies that if a woman having the abortion provides evidence that she is a victim of human trafficking, this information is required to be included in the monthly report as the reason the abortion was performed. The bill further defines doctoral degree in psychology as a Psy.D., an Ed.D. Let's Talk The bill amends section 456.51, Florida Statutes, relating to informed consent for pelvic examinations. A: AHCA only requires individuals that were granted under a level 1 screening (prior to July 01, 2010) to go through the exemption process again. Resubmissions are initiated through AHCAs Background Screening website by an AHCA, Medicaid, or Managed Care provider. (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. Effective Date: Upon becoming law The granting of an exemption does not change an individuals criminal history. 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. Distributing Pharmaceutical Drugs and Devices Effective Date: Upon becoming law. Notifications by mail will no longer be available. 2009-223; s. 21, ch. Are you allowed to continue to work for your employer after youve submitted the application for Exemption from Disqualification? A: No, for example: If you hold a Nursing and Massage Therapist license you will have to request an exemption for each license. The Department of Health is required to report the data collected from such surveys to the boards biennially. This bill reestablishes the licensure, renewal, and revocation of health access dental licenses. Summary: (3)All fingerprints must be provided in electronic format. The RN is not authorized to delegate the administration of Schedule II-IV controlled substances. L, FH&xR@Jy$ ` #R 0 House Bill 373 (Full Text) Summary: The bill prohibits the Department of Health (DOH) from denying the issuance of, refusing to renew, suspending, or revoking a professional license based solely on the licensee being delinquent on a payment of or defaulting on his or her student loans. The Board voted to approve the application and move forward with rulemaking at its June 5th meeting. 437 0 obj <>/Filter/FlateDecode/ID[]/Index[405 50]/Info 404 0 R/Length 141/Prev 271709/Root 406 0 R/Size 455/Type/XRef/W[1 3 1]>>stream (k) Section817.61, relating to fraudulent use of credit cards, if the offense was a felony. Health Care Practitioner Discipline Changes the title of a Clinical Nurse Specialist (CNS) to an APRN. New applicants for ARNP certification will submit documentation as part of the initial licensure process. Dispensing Medicinal Drugs The appropriate Board within the Department of Health will make notification when a decision related to the request is made. The law establishes that a tactical medical professional must be a paramedic under section 401.23, a physician, under section 458.305, or an osteopathic physician, under section 459.003, who is appointed to provide direct support to a tactical law enforcement unit. 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. AFTER HOURS AND WEEKEND APPOINTMENTS ARE AVAILABLE, CONVENIENCE FEES APPLY. Summary: Starting July 1, 2016, health care practitioners are required to provide a good faith estimate of anticipated charges to treat a condition if asked by the patient. (4) Results of Screening and Notification. 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. Effective Date: July 1, 2020 (certain sections become effective January 1, 2017) The bill requires a health care practitioner, or his or her employees, to obtain parental consent before performing health care services on a minor child and subjects health care practitioners and health care facilities to disciplinary action for violation of these parental consent requirements in certain instances. Background Screening Legal Help. Persons designated as sexual predators, sexual offenders or career offenders are not eligible for an Exemption from Disqualification. The bill defines a doctoral degree from an APA accredited program as a Psy.D., an Ed.D. 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). 0 Please see Section 381.003 for all statutory changes. Howell, Buchan & Strong, Attorneys at Law, boast extensive experience with background screening Exemption applications. Click edit button to change this text. Behavioral Health Workforce HB101 (Full text link). SB 312 (Full Text). If a Level 2 criminal history is incomplete, a certified letter will be sent to the individual being screened requesting the arrest report and dispositional information. Effective Date: July 1, 2020 Senate Bill 964 (Full Text). 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. Mailed requests must be submitted to the Background Screening Unit at 2727 Mahan Drive, MS 40, Tallahassee, Florida 32308. The bill includes criminal penalties as well as providing grounds for disciplinary action. Effective Date: July 1, 2020 Existing statutory language requires that beginning July 1, 2025, mental health therapy licensure by examination applicants must graduate from a CACREP-accredited program. Effective Date: Upon Enactment into Law The bill prohibits a housing provider to request information that discloses the diagnosis or severity of a persons disability or any medical records relating to the disability. The bill authorizes a consultant pharmacist to provide services to patients in an ambulatory surgical center, hospital, alcohol or chemical dependency treatment center, inpatient hospice, or ambulatory care center, in addition to those authorized in current law (nursing home and home health agency patients). Senate Bill 530 (Full Text). 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. 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. Summary: If you have received an exemption from another state agency you may submit a copy with your application. Establishes and provides requirements for Class III institutional pharmacies and adds these pharmacies to those authorized to dispense prepackaged drug products. 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. If the practitioners continuing education records are complete, they will be able to renew their license without interruption. Consent for Pelvic Examinations The bill amends numerous practice acts to streamline regulation and increase efficiency. But there is a way Howell, Buchan, and Strong can solve this problem for you. 405 0 obj <> endobj 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. where we provide "On-Call Legal Services to Healthcare Professionals". Summary: Certain Criminal Offenses Will Disqualify Health Professionals from Employment. However, the consent requirement does not apply if: The bill also authorizes a third-degree felony penalty for a physician who recklessly or intentionally performs, or attempts to perform, an abortion on an unemancipated minor without the required consent. 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. Lorem ipsum dolor sit amet, consectetur adipiscing elit. This bill amends section 893.03(5), Florida Statutes, removing Epidiolex as a Schedule V controlled substance, mirroring the federal Controlled Substance Act, and makes conforming changes to the definition of cannabis in section 893.02(3), Florida Statutes. Welcome to the Division of Medical Quality Assurance online service portal. HB 7107 (Full Text). Summary: Effective Date: July 1, 2016 Summary: 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. Access to Health Care Services All nurses are required to comply, including those who qualify for the existing exemption from continuing education in the Nurse Practice Act. The law establishes two programs to safely import FDA-approved prescription drugs into Florida: The Canadian Importation Program and the International Drug Importation Program. The bill amended section 624.27, Florida Statutes, to authorize podiatric physicians to enter into a direct care agreement with patients. All disqualifying offenses (felonies and misdemeanors) that have adjudication withheld will be handled the same as a conviction for the purposes of this exemption request. Summary: 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. The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). Summary: 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: AHCA Form # 3100-0008, January 2017 Rule 59A-35.090, F.A.C . HB 7073 (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. SB 544 (Full Text). Abortion Signed Statement (only if you cannot obtain the arrest report and/or court disposition); The circumstances surrounding the criminal incident(s) for which an exemption is sought; The time period that has elapsed since the incident(s); The nature of the harm caused to the victim; The history of the employee since the incident(s); Any other evidence or circumstances indicating that the employee will not present a danger if employed or continued employment is allowed; and. HB 1121 permits hospitals licensed under Ch. The bill also refines requirements for licensing midwives by examination and endorsement and clarifies requirements for temporary certification of midwives in areas of critical need and expanded access to midwifery care in areas of critical need by designating additional practice settings in conformance with other licensed health care professions. Automated Pharmacy Systems Effective Date: July 1, 2020 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: 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. (p)Section831.30, relating to fraud in obtaining medicinal drugs. Transparency in Health Care (all health care practitioners) 2. 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. Prescriptions may be written in paper or electronic form but must comply with sections 456.0392(1) and 456.42(1), Florida Statutes. The bill replaces the CORPA with the CHEA or its successors. Prescription Drug Pricing Transparency House Bill 941 (Full Text). More information about the bill can be found by visiting the Florida Senate website. 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. Consultant Pharmacists HB 851 (Full Text). An analysis and review of court dispositions and arrest reports may be required to make a final determination. All licensees with an offense listed in chapter 408.809 Florida Statutes must also apply for an exemption. 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. Effective Date: July 1, 2021 Registered nurses who are determined by the clinical laboratory director to be qualified under 42 C.F.R. Deregulation of Professions and Occupations 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. 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. An analysis and review of court dispositions and arrest reports may be to. In order for a CNA to administer medication under an RNs delegation Healthcare Professionals '' chapter 408.809 Florida Statutes also... 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