Effective Date: July 1, 2021 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. exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). These images are for viewing purposes only. (d) An alleged offense is not disqualifying until such time as there has been a disposition. Repeals language relating to the content of the licensure examination. The bill added the accrediting body, Masters in Psychology and Counseling Accreditation Council, or other equivalent accrediting body to the list of accepted programs. HB 1121 permits hospitals licensed under Ch. 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. endstream endobj startxref Mail to Florida Department of Health, 4052 Bald Cypress Way, Bin BSU 01, Tallahassee, FL 32399-3260. Revise the definition of a massage therapy apprentice to include only those persons approved by the BMT to study colonic irrigation under a licensed massage therapist; Updates the name of the accreditation body for psychology programs and revises the requirements for psychology licensure; Limits the Board of Clinical Social Work, Marriage and Family Therapists, and Mental Health Counseling to the issuance of only one additional internship registration; Revises the education, clinical, and licensure requirements for marriage and family therapists and licensed mental health counselors, including updating the program accrediting agencies; Order and evaluate laboratory and clinical testing; Modify or discontinue medicinal drugs pursuant to a patient-specific order or treatment protocol. During the 2016 Legislative Session, House Bill 373, and companion Senate Bill 12, were passed into law. Senate Bill 732 (Full Text). 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. Summary: Office Surgery During the 2016 Legislative Session, HB 977 passed and became law on April 14th as Chapter 2016-231, Laws of Florida. Effective Date: July 1, 2021 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. 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. 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 expands the behavioral health workforce and recognizes the critical need for psychiatric care throughout the state. Optometrist Effective Date: January 1, 2020 To become certified by the Board of Pharmacy, a registered pharmacy technician must complete six hours of approved immunization-related training. Participating and non-participating providers are those defined in s. 627.419, Florida Statutes and s. 627.6471, Florida Statutes. the proof of screening within the previous 5 years in section 408.809 (2), Florida Statutes, which requires proof of compliance with level 2 screening standards that have been screened through the Care Provider Background Screening Clearinghouse created under Section 435.12, F.S., or screened within the previous 5 years by the Agency, Department 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. 120.536(1) and120.54 to implement this section, chapter 435, and authorizing statutes requiring background screening and to implement and adopt criteria relating to retaining fingerprints pursuant to s.943.05(2). Amends section 381.0421(12), Florida Statutes, to require the Department of Health to develop and publish on its website an educational pamphlet relating to certain tissue transplants. A: A resubmission is like a new screening, but the applicant does not have to go to a LiveScan vendor to have their prints taken. If the individual was previously screened through the Agency, the reported incident is researched and if confirmed as a . The bill authorizes the Board of Podiatric Medicine to require podiatric physicians to complete an approved two-hour continuing education course on safe and effective prescribing of controlled substances as a part of the 40 hours of continuing professional education required for biennial licensure renewal. Requires a psychiatrist to disclose patient communications to the extent necessary to warn law enforcement of a threat of serious bodily injury or death made by a patient or client. A Livescan Level II background screening must be completed prior to receiving an exemption. A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. (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. The following Affidavit of Compliance with Background Screening may be used for this requirement. Summary: Department of Health Creates section 465,0157 (4), Florida Statutes, to set the fee for an initial international export pharmacy permit and biennial renewal of the permit to be set by board rule under section 465.022(14), Florida Statutes. Processing includes making a determination of eligibility and evaluating applications for exemption. Summary: Creates section 456.44 (7), Florida Statutes, requiring the Department to develop and publish on its website an education pamphlet regarding the use of nonopioid alternatives for the treatment of pain. Summary: Summary: (tt) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct. (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. Law Implemented 408.809, 408.810 FS. requirements for qualifying for employment in regards to the background screening standards set forth in Chapter 435 and section 408.809, F.S. The bill updates the authorized immunizations or vaccines that may be administered as listed in the Adult Immunization Schedule by the Centers for Disease Control and Prevention (CDC), recommended by the CDCs Health Information for International Travel, and those licensed or authorized for emergency use by the U.S. Food and Drug Administration as of March 31, 2022. This website addresses information regarding certifying of patients under the age of 18, availability, supply limits, consent form requirements, required documentation, and more. The bill authorizes medicinal drugs to be dispensed by a hospital that operates a Class II or Class Ill institutional pharmacy to any inpatient upon discharge or patient discharged from an emergency department if the prescribing practitioner determines that the medicinal drug is warranted and community pharmacy services are not readily accessible to the patient. Effective Date: July 1, 2019 Effective Date: July 1, 2019 The bill authorizes the supervision of medical assistants by podiatric physicians and specifies governance by section 458.3485, Florida Statutes. Check presented by the provider indicated a potentially disqualifying offense with no documentation demonstrating final disposition. Public Records and Meetings Summary: Physician Assistants 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. 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. HB 17 (Full Text). Physical Therapy; Revising the definition of the term "practice of physical therapy"; providing that a licensed physical therapist who holds a specified doctoral degree may use specified letters in connection with her or his name or place of business; revising the terms and specified letters prohibited from being used by certain unlicensed persons. Such an impairment will not be considered grounds for discipline if the practitioner: Medical Faculty & Medical Assistant Certification Providing qualifying medical conditions for a patient to be eligible to receive marijuana or a marijuana delivery device. Section 22: Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling The bill clarifies the method for the collection and processing of applicant fingerprint records for the purpose of background screening. HB 7107 (Full Text). During the 2016 Legislative Session, HB 1175 passed and became law on April 14, 2016, as Chapter 2016-234, Laws of Florida. 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. Section 17: Orthotists and Prosthetists The bill also amends sections 456.001 and 20.43, Florida Statutes, to include genetic counselors in the definition of a health care practitioner. If the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn. Summary: Effective Date: July 1, 2022 SB 312 (Full Text). Click here. A CPPA must meet certain terms and specify the health conditions, treatments, and tests governed by the CPPA. 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: Effective Date: July 1, 2017 Summary: If you do not have a license you must apply for an exemption with the Agency for Health Care Administration. Massage Therapy The law requires the registration of offices in which more than 1,000 cubic centimeters of supernatant fat is removed, level II office surgery, or a level III office surgery must register with the department unless the office is licensed as a facility under Chapter 395, Florida Statutes. HistoryNew 7-14-10. Permit and Inspection Fees The law prohibits an abortion after a gestational age of 15 weeks and provides an exception to the prohibition when a fetus has not achieved viability under section 390.01112, Florida Statutes, and two physicians certify in writing that the fetus has a fatal fetal abnormality based on reasonable medical judgment. Summary: This provision does not apply to staff hired before August 1, 2010, who has never been screened. Summary: The bill amends sections 458.347 and 459.022, Florida Statutes, regarding the practice of physician assistants (PAs) under the supervision of allopathic and osteopathic physicians. SB 1374 (Full Text). Summary: 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. Authorizes licensing boards to recognize certain military-issued credentials earned by active duty military members and their spouses for purposes of issuing a license in a health care profession, and designates March 25th of each year as Medal of Honor Day., Controlled Substances CNAs will also be required to have 2 hours of in-service training in medication administration and medical error prevention on a yearly basis. Effective Date: July 1, 2021 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. 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. HB229 (Full text link). For information on obtaining Livescan background screenings, please click on the Locate A Provider tab. Effective Date: July 1, 2019 Do you need to speak with ELI about Background Screening? Effective Date: July 1, 2016 Summary: 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. Authorizing DOH to revoke or suspend a massage establishments license if certain employees or owners have convictions or disciplinary action for prostitution. Amends section 456.054, Florida Statutes, which provides that a designated facility owned or operated by a public health trust and located within the boundaries of a municipality is under the exclusive jurisdiction of the county creating the public health trust. Effective Date: July 1, 2016 Florida Statute 408.809(7)(a) states that AHCA may grant an exemption from disqualification to a person who is subject to this section and who: (1) Does not have an active professional license or certification from the DOH; or (2) has an active professional license or certification from the DOH but is not providing a service within the scope of that license or certification.You may also have to submit a signed background screening privacy policy acknowledging receipt of the privacy policy. Summary: The information must then be forwarded to the Agency for a final determination or show such information cannot be obtained. (g)Section817.234, relating to false and fraudulent insurance claims. The bill establishes criteria for such systems and a community pharmacys responsibilities when employing such a system. Effective Date: July 1, 2017 (1) Definitions: Optometry Health Access Dental Licenses Abortion Jones Health Law Podcast: What are the Differences between a Rural Health Care Clinic and a Federally Qualified Health Center? (h)Section817.505, relating to patient brokering. House Bill 545 (Full Text). Effective Date: March 31, 2016 The registration application will be available after July 1, 2020. 2010-114. 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. Effective Date: July 1, 2021 Practice of Pharmacy The burden to request this exemption is therefore solely at the discretion of the licensee or applicant. The Department is responsible for the creation of and inspection of new permits for an international export pharmacy. Amends Section 382.002, Florida Statutes, providing a definition of nonviable birth. Amends 382.008, Florida Statutes, authorizing the State Registrar of the Office of Vital Statistics of the Department of Health to electronically receive a certificate of nonviable birth. The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). 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. It only by ahca to determine training in the process or at the apd approved source of the times . Many criminal offenses may be returned on a Level 2 background screening which initially appears to disqualify the individual from being employed in an AHCA-licensed facility, especially where the patients will be elderly, disabled, or children. Florida Board of Pharmacy Financial responsibility requirements are established in the new law for APRN autonomous practice. 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. The bill also creates a public meeting exemption where sensitive matters listed in the statute are addressed. Licensed Mental Health Counselor 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. 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. Summary: Section 9: Chiropractic Medicine Initial Licensure Requirements HB1307 (Full text link). For any such rescreening, the agency shall request the Department of Law Enforcement to forward the persons fingerprints to the Federal Bureau of Investigation for a national criminal history record check. 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. Summary: Chapter 435.07(3), F.S states, the employee must demonstrate by clear and convincing evidence that the employee should not be disqualified from employment. SB 1222 (Full Text). Senate Bill 1742 (Full Text). 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. BACKGROUND SCREENING BRIEFING 5/18/2015 3 (ss) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor. Behavioral Health Workforce Prescriptions may be written in paper or electronic form but must comply with sections 456.0392(1) and 456.42(1), Florida Statutes. (o)Section831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes. Medical Faculty Certificates Repeals section 465.1862, Florida Statutes, regarding pharmacy benefits manager contracts. Mental Health Counselor Intern [ 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. Effective Date: July 1, 2020 How does AHCA determines the eligibility for employment? Its implementation, in part, entails certain measures addressing Advanced Registered Nurse Practitioner (ARNP) protocols; the disclosure of nursing education programs probationary status and circumstances warranting termination; completion of a specified course in orthotics and prosthetics for licensure and licensure renewal; and requirements for certain physical therapist assistant licensure applicants. 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. A licensed mental health professional must be on the premises when clinical services are provided by a registered intern in a private practice setting. 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 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. 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. 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. Certified Master Social Workers | Pain Management Clinics | Dental Laboratories | Paramedics | Emergency Medical Technicians | Radiologic Technicians | Medical Physicists | School Psychologists | Office Surgery Registration | Genetic Counseling. with Background Screening Requirements. Access to Health Care Services 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. Providing an exemption from the state tax on sales, use, and other transactions for marijuana and marijuana delivery devices used for medical purposes. 59A-35.090 Background Screening. (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. Licensees or certificate holders must post a sign with relevant portions of the reporting procedure by January 1, 2020. Lorem ipsum dolor sit amet, consectetur adipiscing elit. The Department of Health is required to issue a certificate of nonviable birth within a specified timeframe upon the request of a parent, who is to be advised that the certificate is a public record with certain information exempt from disclosure. 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. 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. Background Screening Legal Help. In addition, the bill amends Chapter 893, Florida Statutes, by revising the term "practitioner" to include Psychiatric Nurses. HB 1461 (Full Text). Summary: Immunization Registry An individual seeking an exemption must demonstrate by clear and convincing evidence that an exemption from disqualification should be granted. Senate Bill 226 (Full Text). The Unit is also responsible for the maintenance and administration of the Care Provider Background Screening Clearinghouse. Howell, Buchan & Strong, Attorneys at Law, boast extensive experience with background screening Exemption applications. The bill establishes minimum experience, education, and training requirements for PTs who perform dry needling. 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. Health Care Services (all health care practitioners) 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. Prohibiting a massage establishment owner or designated establishment manager whose license is revoked from reapplying for a license or, for an owner, transferring the license. 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. 0 DCF agents or representatives can now obtain records without written permission from the patient, but only when the information will be used to investigate cases of abuse, neglect, or exploitation that impact children and/or vulnerable adults. Senate Bill 1084 (Full Text). Summary: (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. HB 29 (Full Text), Summary: 2. %PDF-1.6 % Reproductive Health A signed affidavit is no longer required. where we provide "On-Call Legal Services to Healthcare Professionals". It should be noted thatI am not your lawyer(unless you have presently retained my services through a retainer agreement). If the health care practitioner is the donor of the reproductive material, the penalty is increased to a second-degree felony. A: No, for example: If you hold a Nursing and Massage Therapist license you will have to request an exemption for each license. (c) Disqualifying Offense means any criminal offense prohibited in Section 435.03, 435.04 or 408.809(5), F.S. (d) Exemption from Disqualification means an exemption granted by the Agency following a review of the Application for Exemption, AHCA Form 3010-0019, October 2009, hereby incorporated by reference, and an informal hearing, if appropriate, during which the individual must present clear and convincing evidence to support a reasonable belief that he or she has been rehabilitated and does not present a danger to the health, safety, and welfare of the patient or individual as described in Section 435.07, F.S. The 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. Effective Date: July 1, 2019 Physicians are also now permitted to order full potency, medical cannabis for patients suffering from a terminal condition attested to by two physicians. 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