Effective Date: July 1, 2018 exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). Repealing provisions relating to certification of a medical assistant by the American Association of Medical Assistants or as a Registered Medical Assistant by the American Medical Technologists. Telephone: (850) 412-4503. 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. Creates section 893.03 (5) (d), Florida Statutes, to make Epidolex (CBD) a Schedule V drug and mirror the federal law. The minor petitions the circuit court where she resides and receives a judicial waiver of parental consent. If you need to report the offense, submit a detailed letter regarding the offense(s) or complete a complaint form with the Consumer Services Unit and mail to: 4050 Cypress Way, Bin C-75, Tallahassee, FL 32399. Telephone: (850) 412-4503 Removes the requirement for a licensed PA to notify the Department in writing within 30 days of employment or after any change in supervising physician. The bill defines acute pain and establishes prescribing guidelines and grounds for disciplinary action if not followed. Summary: HB 467 (Full Text). The bill adds the accrediting body, Masters in Psychology and Counseling Accreditation Council, or other equivalent accrediting body to the list of accepted programs. The Board must adopt, by rule, the committee's initial recommendations no later than October 31, 2016. Bin C-04 Fear not, because you may be eligible to file an Exemption from Disqualification if you meet certain criteria. 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. If you do not have one and would like to retain my legal services please contact me using the contact information listed above. The nursing home must notify the prescriber prior to each therapeutic substitution and document the residents medical record when a substitution occurs. 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. Prohibits providers from balance biller members of a PPO or EPO for emergency services, or for nonemergency services, when the nonemergency services are provided in a network hospital and the patient had no ability or opportunity to choose a network provider. exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). Effective Date: April 14, 2016 A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. (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. It should be noted thatI am not your lawyer(unless you have presently retained my services through a retainer agreement). Cited as the Grieving Families Act. These bills establish an expiration date for mental health professional intern registrations and update current statutory language. The bill adds definitions of "fatal fetal abnormality" and "medical abortion," and revised the definition of gestation in section 390.011, Florida Statutes. Provisional licensure applicants must have earned a degree from an APA accredited program. The bill provides an exemption from public records requirements for certain information held by the Department of Health or the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling pursuant to the Professional Counselors Licensure Compact. The law also expanded the Departments enforcement authority over medical cannabis regulations. Effective Date: July 1, 2017 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. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Licensees are required to maintain a current mailing address and a practice location with the Department. 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. 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. The bill authorizes a pharmacist to use certain laboratory or clinical tests, as well as any established screening procedures for which no test is available. Senate Bill 1084 (Full Text). Controlled Substances The bill creates a public meeting exemption for a meeting or a portion of a meeting of the Commission at which matters specifically exempted from disclosure by federal or state law are discussed. Effective Date: July 1, 2022 SB 1374 (Full Text). Eduardo C. Oliveira, MD, MBA, FCCP from Orlando The law requires prescribers to generate and transmit all prescription electronically, except when electronic prescribing is unavailable due to a temporary electrical or technological failure. Health Care Practitioner Licensure Senate Bill 226 (Full Text). Effective Date: December 31, 2018 or upon enactment of the Nurse Licensure Compact in to law by 26 states, whichever occurs first Section 22: Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling If granted, an exemption shall be voided if you receive a new disqualifying criminal offense after the date the exemption is issued. Summary: At least 3 years have elapsed since the applicant for exemption has completed or been lawfully released from confinement, supervision or nonmonetary condition imposed by the court for all disqualifying felonies. HB 7073 (Full Text). 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. The bill further defines doctoral degree in psychology as a Psy.D., an Ed.D. 395, F.S. Summary: The Board voted to approve the application and move forward with rulemaking at its June 5th meeting. Changes the title of a Clinical Nurse Specialist (CNS) to an APRN. If you are unsure if you require an exemption, please contact AHCA at 850-412-4503 to verify that you have been disqualified from employment. Effective Date: July 1, 2020 The agency shall establish a schedule of fees to cover the costs of screening. An individual seeking an exemption must demonstrate by clear and convincing evidence that an exemption from disqualification should be granted. The bill requires health care professionals licensed under chapters 458, 459, 460, or 461, Florida Statutes, to provide specified information upon initial licensure or upon license renewal including the medical school attended and coursework completed; the name of each hospital where the applicant has privileges; the address of primary practice; any certification received from a specialty board; the year the applicant began practicing; any appointment to the faculty of a medical school; relevant professional qualifications; information regarding any criminal convictions; and any final disciplinary action. HB1121 (Full text link). 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. Effective Date: July 1, 2021 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. More information about the bill can be found by visiting the Florida Senate website. 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. 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. AHCA Application for Exemption from Disqualification, Jones Health Law Podcast: Successor Liability Issues When Purchasing A Physician Practice, Jones Health Law Podcast: Adult Family Care Home Legal Requirements In Florida. 2. A: There is no application fee for an Exemption Application. 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. AHCA Form # 3100-0008, May 2015 Rule 59A-35.090 . Nonopioid Alternatives 1. Other letters must be from individuals you have known for at least two years through contact at the workplace, community activities, education or training centers. Effective Date: July 1, 2021 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. Creates section 456.0341, Florida Statutes, requiring persons licensed or certified under Chapter 457, 458, 459, 460, 461, 463, 465, 466, part II, III, V or part X of 468, 480, or 486 to complete a board or department approved 1-hour continuing education course on human trafficking. 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: SB 632 (Full Text). Additionally, the bill requires the Department of Health to report any significant investigation information relating to mental health counselors practicing under the compact to the established data system and authorizes the Board to take adverse action against a mental health counselors authority to practice under the compact and impose disciplinary actions for violation of prohibited acts. A Livescan Level II background screening must be completed prior to receiving an exemption. House Bill 1061 (Full Text). HB101 (Full text link). Summary: Jones Health Podcast: Who Can Sign Off On a Death Certificate in Florida? Please see below for highlights of the new legislation: Effective Date: July 1, 2022 Summary: A: No, documents do not need to be certified; however, you will need to submit: A: As long as the documents are legible, you may: A: You must make an attempt to obtain this documentation from the Clerk of Courts office, probation office or arresting agency. Keep Our Graduates Working Act Likewise, out-of-state licensed professional counselors in compact states will be authorized to provide services to Florida patients through telehealth and in-person. Prescription Drug Monitoring Program The administrative law judge will only decide whether the agencys intended action is an abuse of discretion. Summary: HB229 (Full text link). Senate Bill 964 (Full Text). You are now required to report your continuing education/continuing medical education (CE/CME) course completions prior to license renewal. 1. Senate Bill 8-A (Full Text). HB 451 (Full Text). Effective Date: July 1, 2022 Law Implemented 408.809, 408.810 FS. Administration of Vaccines AHCA Background Screening Application for Exemption An individual who has been found guilty of any "disqualifying criminal offenses as listed in sections 435.03 (2), 435.04 (2), and 408.809 Florida Statutes might be deemed ineligible to work with minors or senior citizens. Summary: However, the terms may also refer to certain disqualifying offenses if certain statutes are referenced. HB 17 (Full Text). The bill further addresses Schedule II prescribing privileges for both ARNPs and PAs. Genetic Counseling Address Confidentiality: HB 81 (Full Text). (c)The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider. Summary: After receiving Level 2 Background Screening results from FDLE / FBI, AHCA will look if there are Disqualifying criminal offenses in the report. JH HQAA)NeG For information on obtaining Livescan background screenings, please click on the Locate A Provider tab. We anticipate the rulemaking will commence following the Boards June 2020 meeting. Registration numbers are linked to state licenses and may be suspended or revoked upon any disciplinary action taken against a licensee. Click edit button to change this text. 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). The bill revises the requirements for certain health care practitioners providing an opioid drug listed as a Schedule II controlled substance to inform the patient about possible nonopioid alternatives, discuss the advantages and disadvantages of nonopioid alternatives, and provide the pamphlet as required in section 456.44, Florida Statutes by: Department of Health 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 Effective Date: July 1, 2017 (7)The agency and the Department of Health may adopt rules pursuant to ss. Background Screening, Samantha Heyn, Unit Manager (q)Section831.31, relating to the sale, manufacture, delivery, or possession with the intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony. These images are for viewing purposes only. 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. If you have a disqualifying offense requiring an exemption, you would check box number 2 on the exemption application that states: "I am an owner, . (2) Processing Screening Requests, Required Documents and Fees. The portal was established to provide healthcare practitioners 24 hours a day access to the division's licensing services, including the ability to apply for a license or permit online, check the status of your application, and manage your licensure record. Public Records and Meetings/Professional Counselors Licensure Compact (491) HB 487 (Full Text). Behavioral Health Workforce Finally, the new law requires the Department to approve three additional dispensing organizations should the active patient population in Florida reach 250,000. The bill requires the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling to appoint an individual to serve on the compact Commission. The registration application will be available after July 1, 2020. 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 Board is directed to adopt rules implementing the new law in consultation with the Agency for Health Care Administration (AHCA). Summary: HB 675 (Full Text). It also creates the misdemeanor crime of providing false or fraudulent emotional support animal information or documentation and requires a convicted person to perform 30 hours of community service for an organization serving persons with disabilities, or another entity or organization the court determines appropriate. It depends on the circumstances. 2. The department strongly urges all users of this site to conduct their own investigation of any individual, organization, product or service appearing on this site or that is electronically linked to this site. This provides a cost savings for applicants in the Clearinghouse that have had a lapse in employment greater than 90 days. House Bill 7087 (Full Text). However, they can still apply for AHCA's exemption from disqualification. Mental Health Professional Licensure (491) 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. Certified Master Social Worker Health Care Services (all health care practitioners) Effective Date: July 1, 2020 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. Athletic Trainers The burden to request this exemption is therefore solely at the discretion of the licensee or applicant. Summary: A: AHCA reviews applications and makes decisions on Exemptions for: For more information regarding the exemption process with AHCA, visit https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/exemption.shtml, or call 850-412-4503. More Details on the New Legislation. 15. 5, ch. Summary: 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. The bill requires certain offenses be included in grounds for discipline for health care practitioners. Revises requirements for reporting the dispensing of controlled substances; limits an exception to reporting requirements for certain facilities that dispense controlled substances; authorizes certain employees of the United States Department of Veterans Affairs access to certain information in the Prescription Drug Monitoring Program database; and specifies when a revised reporting requirement takes effect. hb```)B ea8p0 Effective Date: June 23, 2017 Processing includes making a determination of eligibility and evaluating applications for exemption. facility owner, administrator or chief financial officer, staff person that is uncertified or unlicensed). 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