The bill prohibits a nursing home from taking adverse action against a prescriber or resident who refuses to use the institutional formulary. with Background Screening Requirements. (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. The appropriate Board within the Department of Health will make notification when a decision related to the request is made. Professional Counselors Licensure Compact (491)
2006-192; s. 50, ch. All screenings that are received for employment purposes in an AHCA regulated facility are . Effective Date: July 1, 2020
Amends the title of an Advanced Registered Nurse Practitioner (ARNP) to Advanced Practice Registered Nurse (APRN) and makes conforming changes throughout the Florida Statutes. Summary:
In addition, the bill amends Chapter 893, Florida Statutes, by revising the term "practitioner" to include Psychiatric Nurses. 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. This bill requires an athletic trainer to work within his or her scope of practice as defined by the Board of Athletic Training and revises the educational and internship requirements for licensure. The prescribing of medication on the premises of a pain-management clinic is still limited to a physician licensed under Chapter 458 or 459, Florida Statutes. 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. All of these documents will need to be neatly organized and AHCA must receive the documents within 30 days from receipt of its letter. 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. HB 21 (Full Text). The Background Screening Unit processes screening results for health care providers in Florida currently licensed by the Agency for Health Care Administration. (e) FBI means the Federal Bureau of Investigation. Effective Date: July 1, 2020
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. (tt) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct. Summary:
(b) Individuals that are licensed or certified in a profession under the jurisdiction of the Department of Health must apply for an exemption to the appropriate licensing or certifying board at the Department of Health unless the individual will be working in a position other than for which they are licensed or certified. This form must be kept in the employees personnel file. HB 1521 (Full Text). Effective Date: July 1, 2019
Nonopioid Alternatives
Nonresident Sterile Compounding Permit
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. The bill changes references from the Department of Business and Professional Regulation to the Department of Health as it relates to the payment of the Florida Birth-Related Neurological Injury Compensation by applicants and licensees. House Bill 1241 (Full Text). (f) FDLE means the Florida Department of Law Enforcement. Summary:
2010-114. Cited as the Grieving Families Act. Effective Date: July 1, 2022
The administrative law judge will only decide whether the agencys intended action is an abuse of discretion. (b) As an alternative to a new background screen, persons required to undergo Level 2 background screening in accordance with Section 408.809, F.S., that have been screened within the previous 5 years by the Agency, Department of Health, Department of Children and Family Services, Agency for Persons with Disabilities or Department of Financial Services, or if the applicant has a certificate of authority to operate a continuing care retirement community, may submit to the appropriate Agency licensing unit: 1. Florida Board of Pharmacy 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. 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. Effective Date: July 1, 2020
Medical Use of Marijuana
Providing for the establishment of medical marijuana testing laboratories. HB 245 (Full Text). Effective Date: Upon becoming law. 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. (a) A provider may conduct Level 1 background screening for employees either directly through the FDLE or through the Agency. 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. 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). Licensed Mental Health Counselor
Physical Therapy Practice
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. Effective Date: July 1, 2020
Summary:
Prohibits a person who has held a provisional license issued by the board from applying for an intern registration in the same profession. Senate Bill 8-A (Full Text). Repeals section 465.1862, Florida Statutes, regarding pharmacy benefits manager contracts. To correct information on a criminal history report for an offense that occurred in Florida, contact the Florida Department of Law Enforcement. 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. Summary:
Emotional Support Animals
The Board, along with AHCA, will also create standards and procedures for CNAs to follow when administering medication in a home health setting. November 19, 2021 CFOP 60-25, Chapter 2 2-3 . 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. 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). Sections 24 and 25: Florida Birth-Related Neurological Injury Compensation Association (NICA)
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. 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. It limits opioid prescriptions for the treatment of acute pain to a specified period under certain circumstances and requires health care practitioners to check the prescription drug monitoring program (PDMP) database prior to prescribing or dispensing a controlled substance. Authorizing DOH to revoke or suspend a massage establishments license if certain employees or owners have convictions or disciplinary action for prostitution. SB 312 (Full Text). Total fines may not exceed $5,000. In addition, practitioners who administer vaccinations or causes vaccinations to be administered to college or university students from 18 years of age through 23 years of age at a college or university student health center or clinic is required to report vaccination data to the immunization registry, Florida SHOTS, unless the student has refused to be included in the immunization registry by meeting the requirements in 381.003(e)3., F.S. The bill exempts out-of-state licensed practitioners who practice under the compact from the licensure requirements in this state. Prescription Drug Pricing Transparency
Notice is not required under specified exceptions to the parental notice requirement; The abortion is performed during a medical emergency when there is insufficient time to obtain consent; The parent or guardian has waived the right to consent; or. 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. Effective Date: July 1, 2022
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. 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. Prescription Drug Monitoring Program
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, 2016
Exemptions from genetic counseling regulation for: Commissioned medical officers of the United States Armed Forces or Public Health Service while on active duty; and. (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: (b)The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider. The bill adds definitions of "fatal fetal abnormality" and "medical abortion," and revised the definition of gestation in section 390.011, Florida Statutes. Effective Date: April 14, 2016
Reproductive Health
Senate Bill 852 (Full Text). Your disqualifying offense was not disqualifying at the time of your last screening, but is now disqualifying, Your employer agrees that you may continue working; and. Effective Date: Upon becoming law. If a fingerprint card is rejected by the FBI due to illegible prints, the individual must submit a second fingerprint card in accordance with the guidelines established by the FBI. Summary:
SB 1374 (Full Text). Summary:
If withdrawn, the individual must submit a new fingerprint card accompanied by the required fee. 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. How does AHCA determines the eligibility for employment? The bill further addresses Schedule II prescribing privileges for both ARNPs and PAs. Additionally, the law creates eligibility criteria for the types of prescription drugs to be imported, the importation process, safety standards, distribution requirements, and penalties for violations of the established program. (j) Section817.60, relating to obtaining a credit card through fraudulent means. 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. Summary:
Please see Section 381.003 for all statutory changes. Senate Bill 182 (Full Text). House Bill 545 (Full Text). 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. Processing includes making a determination of eligibility and evaluating applications for exemption. Marriage and family therapy applicants must graduate with a masters degree from a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) or a Council on Accreditation of Counseling and Related Educational Programs (CACREP)accredited program or complete a masters degree at any institutionally accredited college or university with a major emphasis in marriage and family therapy or a closely related field with a degree conferred date prior to September 1, 2027. Registered nurses who are determined by the clinical laboratory director to be qualified under 42 C.F.R. Summary:
Background Screening, Samantha Heyn, Unit Manager
Expands the eligibility for a membership seat on the Board of Pharmacy. 2023 Florida Agency for Health Care Administration. Providing an exemption from the state tax on sales, use, and other transactions for marijuana and marijuana delivery devices used for medical purposes. The Unit is also responsible for the maintenance and administration of the Care Provider Background Screening Clearinghouse. Senate Bill 716 (Full Text). (c) When the Agency or the provider obtains information indicating an individual has a disqualifying offense pursuant to Chapter 435, F.S., the individual is prohibited from working in a position that requires background screening until such time as the individual has applied for and been determined to be exempt from such disqualification. Licensees employed or seeking employment with a health care facility, licensed by the Agency for Health Care Administration, who have been found guilty, regardless of adjudication, or entered a plea of guilty or nolo contendere to any of the criminal offenses listed in Sections 435.03(2), 435.04(2), and 408.809, Florida Statutes, must apply for an exemption through the Department of Health. Nursing
Providing qualifying medical conditions for a patient to be eligible to receive marijuana or a marijuana delivery device. Effective Date: July 1, 2016
HB 549 (Full Text). In accordance with section 435.07, Florida Statutes, persons disqualified from employment may be granted an exemption from disqualification. Our firm can assist you with demonstrating to AHCA by clear and convincing evidence that an exemption from disqualification should be granted. 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. Advanced Registered Nurse Practitioners are now authorized to seek certification as Psychiatric Nurses through the Board of Nursing. HB5203 (Full text link). Practice of Physician Assistants
HB 429 (Full Text). If you do not have one and would like to retain my legal services please contact me using the contact information listed above. AHCA Form # 3100-0008, May 2015 Rule 59A-35.090 . The bill prohibits a collaborating pharmacist from modifying or discontinuing any medication that is prescribed by a health care practitioner with whom he or she does not enter into a CPPA and from initiating or prescribing a controlled substance. Department of Health
Senate Bill 964 (Full Text). AHCA rarely grants extensions for filing the application. The qualifying or disqualifying status of the person named in the request shall be posted on a secure website for retrieval by the licensee or designated agent on the licensees behalf. Certain Criminal Offenses Will Disqualify Health Professionals from Employment. The bill clarifies the requirement for monthly reporting to the Agency for Health Care Administration (AHCA), on a form adopted by rule, of surgical and medical abortions by the director of a medical facility where abortions are performed. Sections 12-14 went into effect on 3/11/20
Effective Date: July 1, 2018
Click here. AHCA may have uncovered this offense a result of background screening submitted as part of the employment process for a health care provider and/or participation as a Medicaid provider. Training coursework is required in order for a CNA to administer medication under an RNs delegation. Effective Date: July 1, 2017
House Bill 221 (Full Text). ), or any portion thereof, include all subsequent amendments to the act. The granting of an exemption does not change an individuals criminal history. Summary:
Funds provided directly or indirectly by prescription drug manufacturers cannot be used to implement the program. 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. Summary:
Creates section 456.47, Florida Statutes, establishing standards of practice for telehealth providers, registration of out-of-state providers, venue requirements and exemptions. Mental Health Professional Licensure (491)
Effective Date: April 14, 2016
Physician Assistants
Medical Faculty Certificates
The Board also voted to define primary care practice to include health promotion, disease prevention, health maintenance, counselling, patient education, and diagnosis and treatment of acute and chronic illnesses in a variety of healthcare settings. Thank you. 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. The bill added pharmacists as health care practitioners who are authorized to order and dispense an emergency opioid antagonist with an auto-injection delivery system or intranasal application delivery system for a patient or caregiver for use in accordance with section 381.887, Florida Statutes. HB 513 (Full Text). Law Implemented 408.809, 408.810 FS. (f) Any exemption granted by the Agency is limited to the disqualifying offense or offenses committed prior to the date of the request for exemption. ), Chapter 435 and Florida Statute (F.S. 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. Donation and Transfer of Human Tissue
Since there is no clear distinction whether or not the mailing address may also be a home address, licensees must overtly request that their home address be exempted from public display. Clinical Social Worker Intern
Finally, if you are a certified or licensed healthcare professional you may also have to file an application for exemption with the Florida Department of Health (DOH). APRNs will have an opportunity to register for autonomous practice, which will remove the requirement to provide patient care within the framework of an established protocol with a supervising physician or dentist.
BGScreen@ahca.myflorida.com. Background Screening Unit. Carrying of Firearms by Tactical Medical Professionals
Effective Date: July 1, 2016
Effective Date: July 1, 2017
Likewise, out-of-state licensed professional counselors in compact states will be authorized to provide services to Florida patients through telehealth and in-person. Rulemaking Authority 408.819 FS. (Cannot be signed by a chiropractor) (A simple letterhead will work from your primary care physician) W9 Form In order to qualify for an exemption, you must have paid any amount for any fee, fine, fund, lien, civil judgment, application, cost of prosecution, trust, or restitution as part of the judgement and sentence for any disqualifying felony or misdemeanor in full. 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. Effective Date: July 1, 2017
The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). 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. A: One reference letter must be from a current or most recent employer on the employers letterhead. Military and Veterans Affairs
If the practitioners continuing education records are complete, they will be able to renew their license without interruption. The cost of the state and national criminal history records checks required by level 2 screening may be borne by the licensee or the person fingerprinted. 395, F.S. The bill expanded the list of persons authorized to possess, store, and administer emergency opioid antagonists as clinically indicated and specified that they are immune from any civil liability or criminal liability as a result of administering an emergency opioid antagonist. In addition to existing provisions for emergency responders and crime laboratory personnel, the bill added personnel of a law enforcement agency or any other agency, while acting within the scope or course of employment, who come into contact with a controlled substance or persons at risk of experiencing an opioid overdose. Effective Date: July 1, 2017
Notifications by mail will no longer be available. 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. Telephone: (850) 412-4503. Summary:
Senate Bill 404 (Full Text). Summary:
(6) Unless otherwise specified, information requested pursuant to this section must be filed with the Agency within 21 days of the Agencys request. The bill requires mental health counselors practicing under the compact to withdraw from all practice under the compact if the mental health counselor is in an impaired practitioner program. Health Care
Any health care practitioner wishing to prescribe controlled substances must apply for a registration number from the Drug Enforcement Administration (DEA). Physical Therapy
The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). The bill clarifies the definitions for approved midwifery program, preceptor, and prelicensure course. Summary:
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). Summary:
The bill amends section 456.51, Florida Statutes, relating to informed consent for pelvic examinations. (b) Persons required to undergo Level 2 background screening must submit an Applicant Fingerprint Card, incorporated herein by reference, and available from the appropriate Agency licensure unit or by submitting a request to: bgscreen@ahca.myflorida.com. Summary:
Summary:
Effective Date: July 1, 2020
DOH is required to review the incident report and determine if the incident involves conduct that is subject to disciplinary action; then, if disciplinary action is necessary, DOH must refer the matter to the appropriate board, or to the department if there is no regulatory board. This postis not intended as legal advice, it is purely educational and informational, and no attorney-client relationship shall result after reading it. Regulation of Health Care Practitioners
Without this change, ioflupane I 123 would be a Schedule II controlled substance because it is derived from cocaine via ecgonine, both of which are Schedule II controlled substances. Effective Date: July 1, 2021
Sections 19, 20, 21: Psychology
in psychology, or a Ph.D. in psychology from a psychology program at an educational institution that, at the time the applicant was enrolled and graduated had both an institutional accreditation from an agency recognized and approved by the U.S. Department of Education or was recognized as a member in good standing with the Association of Universities and Colleges of Canada, and had programmatic accreditation from the American Psychological Association (APA). Prescription Drug Importation Programs
(b) Disposition means the sentencing or other final settlement of a criminal case which shall include, regardless of adjudication, a plea of nolo contendere or guilty, or a conviction by a judge or jury. The registration application will be available after July 1, 2020.
Effective Date: July 1, 2021
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. Existing statutory language requires that beginning July 1, 2025, mental health therapy licensure by examination applicants must graduate from a CACREP-accredited program. Automated Pharmacy Systems
As a renewal condition, an additional two hours of approved continuing education must be completed. Effective Date: July 1, 2022
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. If you have completed a Livescan Level II background screening, with the Agency for Health Care Administration, within the last three (3) months, you may not be required to be rescreened. 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. (certain sections become effective January 1, 2017)
After receiving Level 2 Background Screening results from FDLE / FBI, AHCA will look if there are Disqualifying criminal offenses in the report. Summary:
Summary:
where we provide "On-Call Legal Services to Healthcare Professionals". Effective Date: January 1, 2020
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