These bills establish an expiration date for mental health professional intern registrations and update current statutory language. Summary: In addition, the new law states that every pharmacy must make health information disseminated by the Agency for Health Care Administration available on its website and notify customers in the store that this information is available online. AHCA Form # 3100-0008, May 2015 Rule 59A-35.090 . 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 Establishes and provides requirements for Class III institutional pharmacies and adds these pharmacies to those authorized to dispense prepackaged drug products. Radiologic Technology , The Florida Department of Health has changed the license renewal process. The administrative law judge will only decide whether the agencys intended action is an abuse of discretion. "I am confident in the committee members' ability to carefully analyze the important issues associated with implementing full prescriptive authority for ARNPs. Any reproduction may be prohibited under federal/state copyright or trade secret laws. physical therapy patients) that would place employee in a role that requires background screening while her application for exemption from disqualification by the agency is being processed and under review. House Bill 375 (Full Text). A: The Department has 30 days to make a decision once all required or relevant documentation has been received deeming the application complete. An analysis and review of court dispositions and arrest reports may be required to make a final determination. The registration application will be available after July 1, 2020. Resubmissions are initiated through our Background Screening website by an AHCA, Medicaid, or Managed Care provider. 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. HB1307 (Full text link). 1Note.Section 58, ch. HB 743 (Full Text). You may also search disciplinary actions, view practitioner profiles, request public records, download data, file a complaint or report unlicensed activity. 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. Please consult your own attorney for legal advice. House Bill 423 (Full Text). Allow the holder of a medical faculty certificate to practice at a specialty-licensed childrens hospital in accordance with Chapter 395, F.S.. It is a third-degree felony for a health care practitioner to intentionally transfer human reproductive material into the body of a recipient or implant a human embryo of a donor, knowing that the recipient has not consented to the use of the reproductive material or embryo from that donor. HB 1337 (Full Text). HB 7059 (Full Text). The Council is charged with developing standards of practice to recommend to the Board for adoption by rule. The Department is responsible for the creation of and inspection of new permits for an international export pharmacy. The second card must be submitted to the Agency within 21 days of the Agencys request or the screening request will be considered withdrawn. Effective Date: July 1, 2019 Effective Date: Upon becoming a law Senate Bill 530 (Full Text). The bill further defines doctoral degree in psychology as a Psy.D., an Ed.D. ), Chapter 408.809 . Mental Health Counselor Intern 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. Additionally, the DOH may issue an emergency order suspending the practitioners license if he or she is found guilty of committing the felony of reproductive battery, which is discussed below. HB 1521 (Full Text). 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. HB 831 (Full Text). The bill requires the Department of Health (DOH), the Board of Medicine, or the Board of Osteopathic Medicine may take disciplinary action against the health care practitioners license if he or she intentionally transfers an embryo or reproductive material into a recipient without the recipients consent. Amends the title of an Advanced Registered Nurse Practitioner (ARNP) to Advanced Practice Registered Nurse (APRN) and makes conforming changes throughout the Florida Statutes. A PA may perform services delegated by the supervising physician in the PA's practice in accordance with his/her education and training unless expressly prohibited under Chapter 458, Florida Statutes, or the rules adopted by the Board of Medicine, or Chapter 459, Florida Statutes, or the rules adopted by the Board of Osteopathic Medicine. A Livescan Level II background screening must be completed prior to receiving an exemption. Any health care practitioner wishing to prescribe controlled substances must apply for a registration number from the Drug Enforcement Administration (DEA). While the estimate does not preclude actual charges from exceeding the estimate, failure to provide it within the required time without good cause will result in discipline against the practitioner. 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. This provision does not apply to staff hired before August 1, 2010, who has never been screened. HB 5 (Full Text). Licensure & Regulation 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. During the 2016 Legislative Session, HB 977 passed and became law on April 14th as Chapter 2016-231, Laws of Florida. Amends definition of an LPN and RN to include a multistate license. Effective Date: July 1, 2018 After receiving Level 2 Background Screening results from FDLE / FBI, AHCA will look if there are Disqualifying criminal offenses in the report. The Board determined that an equivalency to the required graduate level coursework required for registration would be 45 CE hours in each of the required subject areas. Address Confidentiality: An exemption cannot be issued to any person who is a: If you have not previously reported these offenses to the Board your file will be forwarded to our Consumer Service office and your exemption application may be placed on hold. Effective Date: June 23, 2017 Effective Date: Upon becoming law. In addition, the Department does not represent or warrant that any defects in the Website or errors in the Website information will be corrected. Effective Date: July 1, 2022 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. 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. Summary: HB 115 (Full Text). Summary: (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. HB 389 (Full Text). Senate Bill 716 (Full Text). The bill also requires the consultant pharmacist to maintain all drug, patient care, and quality assurance records. A request for a Level 2 screening through the Agency must be accompanied by the cost required by the FDLE and the FBI to pay for the cost of processing the request. The Background Screening Unit processes screening results for health care providers in Florida currently licensed by the Agency for Health Care Administration. A: Rehabilitation includes successful completion of court-ordered treatment, counseling program, education, and training certificates; proof of participation in community activities; and special recognition or awards received. Effective Date: July 1, 2019 The bill also increases the penalty for violating requirements established for infants born alive in section 390.0111(12), Florida Statutes, from a first-degree misdemeanor to a third-degree felony. 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. Sections 22-26 go into effect on 7/1/20 Summary: Summary: HB 29 (Full Text), Summary: The bill prohibits a nursing home from taking adverse action against a prescriber or resident who refuses to use the institutional formulary. Electronic Prescribing HB 1193 (Full Text). Effective Date: July 1, 2021 It depends on the circumstances. Please see Section 381.003 for all statutory changes. endstream endobj 337 0 obj <>/Metadata 17 0 R/Pages 334 0 R/StructTreeRoot 33 0 R/Type/Catalog>> endobj 338 0 obj <>/MediaBox[0 0 612 792]/Parent 334 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 339 0 obj <>stream The statute of limitations for prosecuting the crime of reproductive battery does not begin to run until the date that the violation is discovered and reported to a law enforcement agency or any other governmental agency. Participating and non-participating providers are those defined in s. 627.419, Florida Statutes and s. 627.6471, Florida Statutes. Samantha Heyn, Unit Manager. The bill clarifies the definitions for approved midwifery program, preceptor, and prelicensure course. All of the information and references made to laws, rules, regulations, and advisory opinions were accurate based on the law as it existed at this time, but laws are constantly evolving. This bill reestablishes the licensure, renewal, and revocation of health access dental licenses. (e)Any person, as required by authorizing statutes, seeking employment with a licensee or provider who is expected to, or whose responsibilities may require him or her to, provide personal care or services directly to clients or have access to client funds, personal property, or living areas; and any person, as required by authorizing statutes, contracting with a licensee or provider whose responsibilities require him or her to provide personal care or personal services directly to clients. Occupational Therapy 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. Summary: A CPPA must meet certain terms and specify the health conditions, treatments, and tests governed by the CPPA. The bill clarifies approved midwifery program education standards and clinical training requirements and aligns midwifery program approval standards with accreditation and licensing standards for direct entry midwifery programs. If the practitioners continuing education records are complete, they will be able to renew their license without interruption. Controlled Substances Formulary Committee: Nurse Licensure Compact In addition, the bills provisions: Certificates of Nonviable Births The law authorizes the Department to register and regulate office surgery centers. 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. Once AHCA received the documents, it will be transferred to the Exemption Team and assigned to one of their analysts. Section 9: Chiropractic Medicine Initial Licensure Requirements Summary: 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). The bill allows prescribing health care practitioners, who are required to provide information about nonopioid alternatives, to provide health care patients (or their representatives under certain circumstances) the required educational pamphlet electronically in lieu of providing a printed copy. 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. 1. Summary: Effective Date: July 1, 2018 Human Trafficking Effective July 1, 2016, the new law: For more information, contact the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling at 850-245-4474 or visit www.floridasmentalhealthprofessions.gov. Descriptions of such offenses are listed in Florida Statute (F.S. Authorizing DOH to revoke or suspend a massage establishments license if certain employees or owners have convictions or disciplinary action for prostitution. The bill creates the crime of reproductive battery. (j) Section817.60, relating to obtaining a credit card through fraudulent means. The Background Screening Unit reviews the Level 2 criminal history results for all background screenings submitted as part of the employment process for a health care provider and/or for participation as a provider in the Florida Medicaid program. Background Screening, Samantha Heyn, Unit Manager It creates the protected term occupational therapist doctorate, provides an exemption from licensure, and a registration process for individuals fulfilling an occupational therapy doctoral capstone experience. Summary: Rehabilitation can also be demonstrated by voluntary participation, as well. 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. [ 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. Creates section 893.03 (5) (d), Florida Statutes, to make Epidolex (CBD) a Schedule V drug and mirror the federal law. Increases the number of PAs a physician may supervise from four to 10; Removes the requirement that a PA notify a patient of the right to see a physician prior to the PA prescribing or dispensing a prescription; Authorizes a PA to procure medications and medical devices, with exceptions; Repeals authorization for the Department of Health (Department) to issue prescriber numbers to PAs and eliminates the need for PA prescriber numbers on prescriptions; Authorizes a PA under the supervision of certain practitioners to prescribe up to a 14-day supply of Schedule II psychotropic drugs to a minors; Except for a physician certification, authorizes a PA to authenticate any document if the document may also be so authenticated by a physician; Authorizes a PA to supervise medical assistants; Amends provisions related to program approval for the education and training of PAs and allows trainees to perform medical services rendered within the scope of an approved program; Amends the licensure requirements for PAs based on the date a PA graduated from an approved program as defined in the bill by specifying which PA education and training programs are approved for PA licensure; Authorizes a PA to satisfy the continuing education requirement on controlled substance prescribing through a designated course; Removes the requirement that PA licensure applicants seeking prescribing authority provide course transcripts; and. If you have already completed a Level II screening with AHCA within the last three (3) months you are not required to complete Livescan fingerprints. The bill also authorizes certified pharmacists to administer influenza vaccines to individuals seven years of age or older through an established protocol with a supervising physician. 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. 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. 408.809 Background screening; prohibited offenses. (1) Level 2 background screening pursuant to chapter 435 must be conducted through the agency on each of the following persons, who are considered employees for the purposes of conducting screening under chapter 435: (a) The licensee, if an individual. Podiatric Medicine Federal approval is required before the programs may begin. Individuals providing a Letter of Recommendation should include their name, address and telephone number for verification or possible interview. Abortion Submitted courses must have documentation of differential diagnosis and pharmacology in the course description and objectives. During the 2016 Legislative Session, HB 1175 passed and became law on April 14, 2016, as Chapter 2016-234, Laws of Florida. 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. Senate Bill 182 (Full Text). Total fines may not exceed $5,000. The bill adds the accrediting body, Masters in Psychology and Counseling Accreditation Council, or other equivalent accrediting body to the list of accepted programs. In addition, the bill also creates Section 465.1893, Florida Statutes, initiating the following: Florida Comprehensive Drug Abuse Prevention and Control Act Effective upon enactment of the Professional Counselors Licensure Compact (compact) into law by 10 states, the bill enacts and authorizes Florida to join the compact. Appointments to the Council on APRN Autonomous Practice will be finalized by the end of June 2020 and then a meeting of the Council will be scheduled and announced. Florida Board of Pharmacy Effective Date: January 1, 2020 Health care practitioners as defined in section 456.001, Florida Statutes, other than genetic counselors, who are practicing within the scope of their education, training, and licensure. Patients must contact their health insurer or health maintenance organization for any information relating to cost-sharing responsibilities. HB 21 (Full Text). Summary: In addition, each letter of recommendation must be signed and dated within 6 months of your application submission. The law allows a qualified physician to determine that smoking is an appropriate route of administration for medical marijuana. Summary: Summary: Requires DOH to report certain investigative information to the coordinated licensure information system (CLIS). Summary: Repeals the authority of the Board of Dentistry to require medical malpractice insurance from dental and dental hygienist examination applicants. Summary: Effective Date: July 1, 2020 Effective Date: July 1, 2018 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. Sections 12-16: Midwifery Effective Date: July 1, 2019 exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). 408.809 Background screening; prohibited offenses.- (1) Level 2 background screening pursuant to chapter 435 must be conducted through the agency on each of the following persons, who are considered employees for the purposes of conducting screening under chapter 435: (a) The licensee, if an individual. The bill: Nonemergent Patient Care (EMT/Paramedic, Medicine, Osteopathic Medicine, Pharmacy) Documentation from the Clerk of Court, Department of Corrections and/or the arresting agency must be provided on their letterhead indicating the document(s) are no longer available. Summary: All nurses are required to comply, including those who qualify for the existing exemption from continuing education in the Nurse Practice Act. The resubmission uses the persons retained prints and resubmits them to obtain a new, up-to-date criminal history report. No subsequent intern registration may be issued unless the intern has passed the theory and practice examination. endstream endobj startxref Jones Health Law Podcast: Do Doctors and Nurses Have to Self-Report to the Florida Department of Health If Arrested? Summary: Section 456.076 (9) (a), Florida Statutes, requires the referral of a practitioner to the consultant operating an impaired practitioner program if the Department receives a legally sufficient complaint alleging an impairment and no other complaint exists. The appearance of an individual or organization on this site is not intended as or in any manner serves as an endorsement of that individual or organization or any products or services identified on the individuals or organizations site. The Board, along with AHCA, will also create standards and procedures for CNAs to follow when administering medication in a home health setting. Effective Date: October 1, 2016 Sections 24 and 25: Florida Birth-Related Neurological Injury Compensation Association (NICA) HB 1523 (Full Text). The individual must present such evidence as arrest reports, court dispositions, parole/probation information, letters from employers, and personal references. We represent individuals who have criminal charges in their background and are seeking professional help with preparation of the AHCA or DOH Exemption from Disqualification Application, representation at board meetings and hearings, and appeals of denials. Effective Date: July 1, 2020 (c)Section409.920, relating to Medicaid provider fraud. New applicants for ARNP certification will submit documentation as part of the initial licensure process. Summary: Effective Date: April 14, 2016 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. A request for a Level 1 screening through the Agency must be accompanied by the cost required by the FDLE to pay for the cost of processing the request. 401, Florida Statutes, and the spouses and children of such emergency medical technicians or paramedics, under specified circumstances; providing for future review and repeal of the exemptions; providing statements of public necessity. Bernardo B. Fernandez, Jr., MD, MBA, FACP from Coral Gables 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 513 (Full Text). In those instances, our firm will represent you before AHCA and DOH Boards if you chose to contest the Agency decision. You are now required to report your continuing education/continuing medical education (CE/CME) course completions prior to license renewal. Includes human trafficking as predicate offense for felony murder; prohibits permanently branding, or directing permanent branding, of victim of human trafficking; requires DOH to suspend license of massage therapist or massage establishment for specified violations in conjunction with establishment; provides that licensed massage therapist may not receive new or renewal license if applicant is convicted of certain prostitution offenses in conjunction with massage establishment; provides that licensed massage establishment may not receive new or renewal license if specified persons connected with establishment are convicted of certain prostitution offenses in conjunction with establishment; provides that minors may not be charged with specified prostitution offenses; requires person convicted of specified racketeering offenses to register as sexual predator or sexual offender; reenacts various provisions. Effective Date: July 1, 2017 How does AHCA determines the eligibility for employment? It may take a little bit of legwork to retrieve these documents, so it is important to contact our firm as soon as possible so that we dont miss the deadline. HB 17 (Full Text). (m) Section831.02, relating to uttering forged instruments. Home Medical Equipment Providers Summary: Summary: BGScreen@ahca.myflorida.com. 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. If the practitioners continuing education records are not complete, they will be prompted to enter their remaining continuing education hours before proceeding with their license renewal. A person is not eligible to apply for an Exemption from Disqualification until: You must hold a valid, active license to be eligible for an exemption. HB 307 passed during the 2016 Legislative Session, and became law on March 25, 2016, as Section 381.986, Florida Statute. Senate Bill 592 (Full Text). The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). 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. 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. During the 2016 Legislative Session, House Bill 375 was passed and became law on March 28, 2016, as Chapter 2016-125, Laws of Florida. Additionally, the bill requires pain management clinics with an exemption from registration under section 458.3265 or 459.0137, Florida Statutes, to register their exemption with the Department of Health with no fee, and specifies a new certificate is required if a change of address occurs. Creating and revising reporting requirements for specified research programs; providing licensing requirements for military members and their spouses; revising provisions relating to regulatory activities of DOH and certain boards; revising education requirements for certain health professions to qualify for license renewal. It requires the Department of Health to issue an Emergency Order suspending the license of any health care practitioner who is arrested for committing or attempting, soliciting, or conspiring to commit any act that would constitute a violation of certain offenses in this state or similar offenses in another jurisdiction. 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