0 A Livescan Level II background screening must be completed prior to receiving an exemption. exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). 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. (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. Effective Date: July 1, 2016 (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. House Bill 373 (Full Text) An individual seeking an exemption must demonstrate by clear and convincing evidence that an exemption from disqualification should be granted. Licensure Requirement for Osteopathic Physicians Summary: A copy of the background screening result, and. Summary: A: One reference letter must be from a current or most recent employer on the employers letterhead. Effective Date: October 1, 2018 Summary: Descriptions of such offenses are listed inFlorida Statute (F.S. Licensed Mental Health Counselor Fax: (850) 487-0470. Financial responsibility requirements are established in the new law for APRN autonomous practice. 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. 3. Summary: Effective Date: July 1, 2016 Senate Bill 716 (Full Text). where we provide "On-Call Legal Services to Healthcare Professionals". Senate Bill 1742 (Full Text). Requiring a massage establishment to designate an establishment manager to be responsible for operational rules compliance. 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. HB 1337 (Full Text). Summary: 336 0 obj <> endobj House Bill 375 (Full Text). Effective Date: July 1, 2020 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. Samantha Heyn, Unit Manager. The application will only be reviewed once all relevant supporting documents are received by AHCA. 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. Authorizing DOH to revoke or suspend a massage establishments license if certain employees or owners have convictions or disciplinary action for prostitution. Authorization of a pharmacist to administer specified medication by injection under certain circumstances, Requirement of a pharmacist who administers such injections to complete a specified course. Effective Date: Upon Enactment into Law Establishes criteria for requesting a multistate license; requires a multistate license to be distinguished from a single-state license; exempts a person holding a multistate license in another state from license by exam or endorsement requirements in Florida. 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. Click here. Effective Date: Upon becoming a law (not signed yet) Submitted courses must have documentation of differential diagnosis and pharmacology in the course description and objectives. The bill also amends sections 456.001 and 20.43, Florida Statutes, to include genetic counselors in the definition of a health care practitioner. Bureau of Central Services. Telephone: (850) 412-4503 HB 843 (Full Text). Summary: endstream endobj startxref 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 Registration is provided here is the screening of compliance ahca with background screening through offline mode. After September 1, 2027, applicants must have graduated from a COAMFTE or CACREP accredited program. 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. Prescriptions may be written in paper or electronic form but must comply with sections 456.0392(1) and 456.42(1), Florida Statutes. Senate Bill 964 (Full Text). 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 nothave an active professional license or. The bill establishes criteria for such systems and a community pharmacys responsibilities when employing such a system. Previously, only felony battery and battery on a minor were disqualifying offenses for purposes of the Level II background screening. If the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn. Permit and Inspection Fees Mental Health Professional Licensure (491) hbbd```b``"kddMn`,`o0LW@Dz@kn&F 5@iBg` 9 The bill excludes visual assessment, imaging, and diagnostic medical or surgical procedures from the definition of pelvic examination, requires informed verbal consent of conscious patients in addition to written consent, prescribes those circumstances when consent is not required, and limits the need for informed consent to the initial pelvic examination of a pregnant woman under certain circumstances. 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 Amends section 465.0244, Florida Statutes, providing requirements for pharmacists to inform customers of certain generically equivalent drug products and whether cost sharing obligations to such customers exceed the retail price of a prescription. If the individual was previously screened through the Agency, the reported incident is researched and if confirmed as a . Effective Date: July 1, 2021 Requiring that the pamphlet provided to the patient be printed; Authorizing a health care practitioner to discuss non-opioid alternatives with, and provide the pamphlet to, the patients representative rather than the patient; Specifying that only those health care practitioners ordering or prescribing or providing care that requires the administration of anesthesia using an opioid must meet the requirements and removing the requirement to address non-opioid alternatives when a drug is dispensed or administered; and. Creates section 456.0495, Florida Statutes, which requires physicians, osteopathic physicians, nurse midwives, and licensed midwives who attended an attempted or completed non-hospital birth to report certain adverse incidents to the Department of Health (DOH). Add John Hopkins All Childrens Hospital in St. Petersburg to the statutory list of institutions where a full-time faculty member may qualify for a medical faculty certificate. Please consult your own attorney for legal advice. The new law permits Floridas approved dispensing organizations to cultivate, process and dispense both low-THC cannabis and the higher potency medical cannabis. Physical Therapy; Revising the definition of the term "practice of physical therapy"; providing that a licensed physical therapist who holds a specified doctoral degree may use specified letters in connection with her or his name or place of business; revising the terms and specified letters prohibited from being used by certain unlicensed persons. 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 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. Summary: 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. The bill amends numerous practice acts to streamline regulation and increase efficiency. Podiatric Medicine (e)Section741.28, relating to domestic violence. Effective Date: July 1, 2022 (p)Section831.30, relating to fraud in obtaining medicinal drugs. The bill expands the scope of Class III institutional pharmacies to authorize them to dispense, distribute, compound, and fill prescriptions for medicinal drugs for inpatient treatment to a patient receiving acute and post-acute hospital care at their residence through a program approved by the Centers for Medicare and Medicaid Services and the Agency for Health Care Administration. Prescription Drug Importation Programs 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. Effective Date: Upon becoming law. Senate Bill 218 (Full Text). SB 544 (Full Text). AHCA:Central Services: Background Screening Screening Information 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. The bill authorizes dentist and dental hygienist examination candidates to demonstrate clinical skills on a manikin with typodont teeth, rather than a live patient, for licensure in Florida. If you were screened and hired by your current employer on or before June 30, 2014 and this disqualification was due to a rescreening by the same employer, you may continue work if you meet all of the following criteria: According to Florida Statute, 408.809(4) an employee may continue to perform her duties and her employer may continue to allow her to have contact with any vulnerable person (i.e. Updates on the implementation of this law will be added to the website. Department of Health Advanced Registered Nurse Practitioners are now authorized to seek certification as Psychiatric Nurses through the Board of Nursing. If the practitioners continuing education records are complete, they will be able to renew their license without interruption. Section 17: Orthotists and Prosthetists Effective Date: July 1, 2018 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. Employees seeking an exemption have the burden of setting forth sufficient evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the employee since the incident, or any other evidence or circumstances indicating that the employee will not present a danger if continued employment is allowed. part 24 493. Certain Criminal Offenses Will Disqualify Health Professionals from Employment. Effective Date: Upon becoming law. The bill includes criminal penalties as well as providing grounds for disciplinary action. Lorem ipsum dolor sit amet, consectetur adipiscing elit. 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. Section 8: Designated Health Care Professionals Information Required for Licensure Effective Date: July 1, 2021 Mental Health Counseling Interns House Bill 423 (Full Text). Please note: In the event we cannot verify your screening with AHCA, you will be required to complete the Livescan requirement. HB 549 (Full Text). The estimate must be provided to the patient or their proxy within 7 business days after receiving the request, however the practitioner is not required to adjust the estimate for any potential insurance coverage. Providing an exemption from the state tax on sales, use, and other transactions for marijuana and marijuana delivery devices used for medical purposes. Senate Bill 404 (Full Text). SB 566 (Full Text). Summary: Eduardo C. Oliveira, MD, MBA, FCCP from Orlando The administrative law judge will only decide whether the agencys intended action is an abuse of discretion. Effective Date: October 1, 2017 HB 21 (Full Text). 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. 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. A pharmacy in which a pharmacist provides services for minor, non-chronic health conditions must prominently display a sign advising a patient receiving such services to seek follow-up care from a physician. The bill also authorizes telehealth providers to prescribe controlled substances listed in Schedule II of section 893.03, Florida Statutes, when treating a psychiatric disorder, inpatient care at a hospital, a patient receiving hospice services, or a resident of a nursing home facility. 2009-223; s. 21, ch. 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. (b)As provided in chapter 435, the appropriate regulatory board within the Department of Health, or the department itself if there is no board, may grant an exemption from disqualification to a person who is subject to this section and who has received a professional license or certification from the Department of Health or a regulatory board within that department and that person is providing a service within the scope of his or her licensed or certified practice. Section 22: Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling Written documentation that reasonably supports that a person has a disability may be provided by any federal, state, or local government agency, specified health care practitioners, telehealth providers, or out-of-state practitioners who have provided in-person care or services to the tenant on at least one occasion. Effective Date: January 1, 2020 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. 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. Senate Bill 238 (Full Text). The website will also indicate if the individual has applied for or has a decision for an Exemption from Disqualification. Separate portions of HB 607, now referred to as Chapter 2020-9, Laws of Florida, impact Board of Nursing licensees. Mental Health Counselor Intern (a) Final results of background screening requests will be provided to the requesting provider through the Agencys secure web site. Summary: The Background Screening Unit processes screening results for health care providers in Florida currently licensed by the Agency for Health Care Administration. Human Trafficking Effective Date: July 1, 2022 (d)Section409.9201, relating to Medicaid fraud. HB 7107 (Full Text). Notifications by mail will no longer be available. In such instances, written prescriptions may be used, which must meet the requirements under current section 456.43, Florida Statutes. History.s. The bill authorizes the Board of Podiatric Medicine to require podiatric physicians to complete an approved two-hour continuing education course on safe and effective prescribing of controlled substances as a part of the 40 hours of continuing professional education required for biennial licensure renewal. If the letter is returned unclaimed, a copy of the letter will be sent by regular mail. Effective Date: Upon becoming law 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. Section 490.014(1)(b), Florida Statutes, and Section 491.014(2), Florida Statutes, were amended to add Occupational Therapy to a listing of exempted professions. The Agency will review all screening results and a determination of Eligible or Not Eligible will be posted on our secure website. and physicians' offices to release patient records to the Florida Department of Children and Families (DCF) for investigative purposes. If you have received an exemption from another state agency you may submit a copy with your application. A health professional who previously passed the Level II background check may nevertheless be deemed "not eligible" for employment in a licensed health facility on the next Level II background check. HB209 (Full text link). The bill prohibits a nursing home from taking adverse action against a prescriber or resident who refuses to use the institutional formulary. More information about the bill can be found by visiting the Florida Senate website. Our firm can assist you with demonstrating to AHCA by clear and convincing evidence that an exemption from disqualification should be granted. Consumers who have PPO or EPO coverage would therefore only be responsible for billing differences in circumstances where they knowingly opted to receive out-of-network care. HB 23 (Full Text). This bill amends Section 456.013, Florida Statutes, allowing the Department of Health to process an application to obtain a temporary certificate for medical privileges for instructional purposes by a physician who has a unique personal identification number but no social security number. Screening with AHCA, you will be sent by regular mail Trafficking effective Date: July,!: ( 850 ) 412-4503 HB 843 ( Full Text ) Families DCF... 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