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. These bills establish an expiration date for mental health professional intern registrations and update current statutory language. (b)This chapter, if the offense was a felony. Summary: . Separate portions of HB 607, now referred to as Chapter 2020-9, Laws of Florida, impact Board of Nursing licensees. Exempts from public records a nurse's personal identification information that DOH obtains from the nurse licensing compact coordinated licensure information system; exempts certain meetings of the Interstate Commission of Nurse Licensure Compact Administrators from public meeting requirements and provides an exemption for recordings, minutes, and records generated during the closed portion of such meetings. Please note: The Florida Department of Health can only issue exemptions to individuals licensed with our agency. 2006-192; s. 50, ch. This bill amends various practice acts related to health professions and occupations. Summary: Amends section 463.006, Florida Statutes, to require the Department to license an applicant for licensure and certification as an optometrist when the applicant meets specified requirements, and creates language relative to the time-period a national examination score can be accepted. The applicant has paid the court-ordered amount in full for any fee, fine, fund, lien, civil judgment, application, cost of prosecution, trust or restitution as part of the judgment and sentence for any disqualifying felony or misdemeanor. House Bill 7097 (Full Text). Summary: Massage Therapy (a) Final results of background screening requests will be provided to the requesting provider through the Agencys secure web site. Summary: HB 1209 (Full Text). Effective Date: July 1, 2018 HB543 (Full text link). 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. 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). Expands the eligibility for a membership seat on the Board of Pharmacy. Existing ARNPs who hold this certification can add it to their license by writing the Board, along with a copy of the certification, at MQA.Nursing@FlHealth.gov. HB 549 (Full Text). 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. 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. 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. Automated Pharmacy Systems The bill clarifies the method for the collection and processing of applicant fingerprint records for the purpose of background screening. Providing an exemption from the state tax on sales, use, and other transactions for marijuana and marijuana delivery devices used for medical purposes. 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. The bill prohibits a nursing home from taking adverse action against a prescriber or resident who refuses to use the institutional formulary. The bill prohibits a physician from performing an abortion on a minor unless the physician has received a notarized, written consent statement signed by the minor and her mother, father, or legal guardian and the physician has been presented with proof of identification and proof of parentage or guardianship by the parent or legal guardian. (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. A user code and password is required for use of this site. Effective Date: July 1, 2017 The second card must be submitted to the Agency within 21 days of the Agencys request or the screening request will be considered withdrawn. Additional discussions on HB 607 will take place during the Boards August 6-7, 2020, meeting. Registration eligibility requirements are established in the legislation and include: no discipline within 5 years of applying for the registration; completion of 3,000 clinical practice hours as an APRN under the supervision of physician within the 5 years immediately preceding the registration request; and, within the past 5 years, completion of graduate-level semester hours, or the equivalent, in differential diagnosis and pharmacology (3 hours in each subject). 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. Human Trafficking 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. (2) Processing Screening Requests, Required Documents and Fees. Nonopioid Alternatives (e) FBI means the Federal Bureau of Investigation. 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. Participating and non-participating providers are those defined in s. 627.419, Florida Statutes and s. 627.6471, Florida Statutes. The bill requires the Board of Pharmacy to adopt, by rule, a formulary of medicinal drugs that an authorized pharmacist may prescribe to treat minor, non-chronic health conditions. Effective Date: June 23, 2017 L, FH&xR@Jy$ ` #R The registration application will be available after July 1, 2020. The bill requires a nursing home to obtain informed consent from a resident or a residents representative to use the institutional formulary for the resident. Medical Assistant Certification Optometrist Senate Bill 1742 (Full Text). %%EOF Check presented by the provider indicated a potentially disqualifying offense with no documentation demonstrating final disposition. Summary: Summary: Registered nurses who are determined by the clinical laboratory director to be qualified under 42 C.F.R. Jeffrey Mesaros, PharmD, JD from Orlando. The other required times are: If an individual obtains a new potentially disqualifying charge or a disqualifying charge. The Background Screening Unit processes screening results for health care providers in Florida currently licensed by the Agency for Health Care Administration. HB 351 (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. The bill requires a nursing home to obtain a prescribers authorization to use an institutional formulary for each of the prescribers patients in the nursing home and allows a prescriber to opt out of the institutional formulary for a specific drug or a class of drugs. The bill expands the scope of practice for massage therapy by requiring a massage therapist to perform an assessment to determine the course of massage therapy treatment. The Florida Department of Health has changed the license renewal process. Summary: Amends definition of an LPN and RN to include a multistate license. 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. exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). SB 768 (Full Text). Summary: SB 926 (Full Text). Practice of Pharmacy Summary: Effective Date: Upon becoming a law (not signed yet) Controlled Substance Prescribing Effective Date: July 1, 2022 Persons designated as sexual predators, sexual offenders or career offenders are not eligible for an Exemption from Disqualification. New applicants for ARNP certification will submit documentation as part of the initial licensure process. AHCA reviews applications and makes decisions for Exemptions for unlicensed personnel working for a health care provider (i.e. The bill: Nonemergent Patient Care (EMT/Paramedic, Medicine, Osteopathic Medicine, Pharmacy) If you are a licensed pharmacist or pharmacist intern and need your intern hours transferred to another state, please submit a written request to: Department of Health The bill expands the behavioral health workforce and recognizes the critical need for psychiatric care throughout the state. The bill exempts out-of-state licensed practitioners who practice under the compact from the licensure requirements in this state. No longer need two letters of recommendation, No longer required to submit a sworn, notarized statement regarding criminal history, Deletes obsolete provisions related to administering a licensure examination for certain foreign-trained PA applicants. Effective Date: October 1, 2016 Licensure Examinations for Dental Practitioners (Dentistry) The appropriate Board within the Department of Health will make notification when a decision related to the request is made. Effective Date: July 1, 2020 For more information contact us at (305) 877-5054; email us at JRJ@JonesHealthLaw.com, or visit our website at www.JonesHealthLaw.com. hbbd```b``"kddMn`,`o0LW@Dz@kn&F 5@iBg` 9 (6) Unless otherwise specified, information requested pursuant to this section must be filed with the Agency within 21 days of the Agencys request. The Board is directed to adopt rules implementing the new law in consultation with the Agency for Health Care Administration (AHCA). Effective Date: October 1, 2017 HB 843 (Full Text). HB 467 (Full Text). Effective Date: July 1, 2016 The bill also makes conforming changes to statutory citations and terminology throughout the statutes. HB 559 (Full Text). AFTER HOURS AND WEEKEND APPOINTMENTS ARE AVAILABLE, CONVENIENCE FEES APPLY. 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. Effective Date: July 1, 2017 Military and Veterans Affairs History.s. Effective Date: July 1, 2021 Certified Master Social Worker In addition, I agree to immediately inform my employer if arrested or convicted of any of the disqualifying offenses while employed by any health care provider licensed pursuant to Chapter 408, Part II F.S. Summary: Creates section 456.47, Florida Statutes, establishing standards of practice for telehealth providers, registration of out-of-state providers, venue requirements and exemptions. Clinical Social Worker Intern Effective Date: July 1, 2017 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. If the individual was previously screened through the Agency, the reported incident is researched and if confirmed as a . Provide a requirement to earn a certified medical assistant credential and revises medical assistant qualifications. HB 451 (Full Text). 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. The bill amended section 624.27, Florida Statutes, to authorize podiatric physicians to enter into a direct care agreement with patients. Medical Use of Marijuana 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. Effective Date: July 1, 2017 Requires DOH to report certain investigative information to the coordinated licensure information system (CLIS). A Livescan Level II background screening must be completed prior to receiving an exemption. HB 851 (Full Text). HB557 (Full text link). (c) Disqualifying Offense means any criminal offense prohibited in Section 435.03, 435.04 or 408.809(5), F.S. 2010-114. Prescription Drug Importation Programs Establishes and provides requirements for Class III institutional pharmacies and adds these pharmacies to those authorized to dispense prepackaged drug products. Florida's law requires you to offer 'clear and convincing evidence to prove your . 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 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. %PDF-1.5 % Individuals providing a Letter of Recommendation should include their name, address and telephone number for verification or possible interview. If you do not have one and would like to retain my legal services please contact me using the contact information listed above. 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. The Board voted to approve the application and move forward with rulemaking at its June 5th meeting. Summary: The Department has not screened each individual or organization that appears on this site or that is electronically linked to this site. Federal approval is required before the programs may begin. 2. Thank you. Creates section 456.0301, Florida Statutes, requiring practitioners to complete a specified board-approved continuing education course to prescribe controlled substances. Likewise, out-of-state licensed professional counselors in compact states will be authorized to provide services to Florida patients through telehealth and in-person. 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. 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. Summary: Summary: In addition to completing the Application for Exemption from Disqualification you will need to provide AHCA with the following: It is important to note that when you apply for exemption you must provide all arrest reports, including those that were not specifically listed in the notice that you received from AHCA. A health care provider may not hire a new employee or contract with a person until a final screening determination of Eligible has been made or the individual is Not Eligible but has been granted an Exemption from Disqualification from the Agency or the Department of Health (if seeking employment in a position that requires professional licensure or certification through the Department). HB 429 (Full Text). If you do not have a license you must apply for an exemption with the Agency for Health Care Administration. Effective Date: July 1, 2018 The Nurse Licensure Compact (NLC or compact) is a multi-state agreement that establishes a mutual recognition system for the licensure of registered nurses and licensed practical or vocational nurses. HB1121 (Full text link). All requested information must be submitted before a determination can be made. 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. 1. Summary: In addition, the bill also creates Section 465.1893, Florida Statutes, initiating the following: Florida Comprehensive Drug Abuse Prevention and Control Act Radiologic Technology , The Florida Department of Health has changed the license renewal process. Please contact me to be sure that the law which will govern your business is current. Senate Bill 852 (Full Text). APRNs would be licensed instead of certified. This website addresses information regarding certifying of patients under the age of 18, availability, supply limits, consent form requirements, required documentation, and more. Mandates that the physician assistant license renewal process include the submission of a completed workforce survey within 90 days of renewal. 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. The law relocates language regarding electronic prescribing from existing section 456.43, Florida Statutes, to section 456.42, Florida Statutes, and repeals section 456.43, Florida Statutes, on January 1, 2021. Summary: Previously, only felony battery and battery on a minor were disqualifying offenses for purposes of the Level II background screening. For information on obtaining Livescan background screenings, please click on the Locate A Provider tab. HB505 (Full text link). Exemptions granted by one agency will be considered by other agencies, but it is not binding on subsequent agencies. Sections 12-16: Midwifery Existing statutory language requires that beginning July 1, 2025, mental health therapy licensure by examination applicants must graduate from a CACREP-accredited program. Samantha Heyn, Unit Manager. Patients must contact their health insurer or health maintenance organization for any information relating to cost-sharing responsibilities. reviewed for any disqualifying offenses, and approved by the Department. Bin C-04 The granting of an exemption does not change an individual's criminal history. This applies to clinical staff as well as facility owners, administrators and chief financial officers and those seeking enrollment as a provider in the Florida Medicaid program. The bill creates the Parents Bill of Rights, which states that licensed health care providers and facilities cannot provide services, prescribe medicine, or perform any procedure without first obtaining written parental consent unless otherwise authorized by law. 1. Providing an exemption from public records requirements for the personal identifying and location information of certain non-sworn investigative personnel of the Department of Financial Services and the names and personal identifying and location information of the spouses and children of such personnel; providing an exemption from public records requirements for certain identifying and location information of current or former emergency medical technicians or paramedics certified under ch. Effective Date: July 1, 2021 Removes medical malpractice insurance, arrangements for patients requiring follow-up care, and academic record risk reviews from dental school written plan protocols; and. The website will also indicate if the individual has applied for or has a decision for an Exemption from Disqualification. The bill authorizes a certified registered pharmacy technician to administer vaccines and immunizations to adults under the supervision of a certified pharmacist. The bill clarifies the method for registration, payment of fees, and completion of the national examination. Changes the title of a Clinical Nurse Specialist (CNS) to an APRN. A: Each agency makes their own decisions regarding exemptions. 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. endstream endobj 406 0 obj <. The resubmission uses the persons retained prints and resubmits them to obtain a new, up-to-date criminal history report. The bill removes the requirement for graduates from an approved program who have not taken the licensure examination within 6 months of graduation to complete a board-approved licensure examination preparatory course. The Board of Pharmacy shall adopt guidelines for the circumstances under which the information required under this subsection shall be provided. The bill adds the accrediting body, Masters in Psychology and Counseling Accreditation Council, or other equivalent accrediting body to the list of accepted programs. Section 18: Clinical Laboratory Personnel Effective Date: Upon becoming law. Telehealth where we provide "On-Call Legal Services to Healthcare Professionals". The application will be reviewed and a decision made once all relevant documentation has been received. Public Records and Meetings/Professional Counselors Licensure Compact (491) Effective Date: July 1, 2020 Summary: The Department disclaims any and all warranties with regard to the Website and Website information, including without limitation (A) Any implied warranties of merchantability, fitness for a particular purpose, infringement or title, (B) Any warranty of quality, functionality, operability, use or performance of the Website or Website information, (C) Any warranty of the accuracy completeness or validity of data or information communicated through the Website or included in the Website information, (D) Any warranty of the continuous availability of the Website or Website information, or that the Website or Website information will be uninterrupted or error-free, (E) Any warranty that the Website information or other files or data available for access or downloading will be free of infection, viruses, or other code manifesting harmful, contaminating, or destructive properties, or (F) Any warranties arising from course of dealing, trade usage, trade practice or otherwise. If you are reading this article it means that you have probably received a letter from the Agency for Healthcare Administration (AHCA) stating that they have uncovered criminal offenses that disqualify you from working for a health care provider. You can access the minutes of the full board and long-range policy planning discussions from the meetings link on the Board website. (f) FDLE means the Florida Department of Law Enforcement. The bill authorizes telehealth providers to prescribe controlled substances listed in Schedule III, Schedule IV, and Schedule V of section 893.03, Florida Statutes, without limitation. Human Trafficking Section 8: Designated Health Care Professionals Information Required for Licensure At renewal, a PA must acknowledge that he/she has completed a minimum of ten (10) hours of continuing medical education in the specialty practice in which the PA has prescriptive privileges. HB 1521 (Full Text). Athletic Trainers Nurse Licensure Compact Jones Health Law Podcast: What are the Differences between a Rural Health Care Clinic and a Federally Qualified Health Center? 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: Upon becoming law Effective Date: May 31, 2017 Sections 22-26 go into effect on 7/1/20 In addition, the department does not warrant either expressly or by implication any individual, organization, product or service appearing on this site or that is electronically linked to this site. Summary: The bill also requires mental health receiving facilities to initiate an involuntary examination of a minor admitted under the Baker Act; this examination must take place within 12 hours of arrival at the facility. Sections 19, 20, 21: Psychology You have 21 days from the date you sign for the certified letter to request an appeal. All licensees with an offense listed in chapter 408.809 Florida Statutes must also apply for an exemption. 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. 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