Public Records and Meetings
Requires a psychiatrist to disclose patient communications to the extent necessary to warn law enforcement of a threat of serious bodily injury or death made by a patient or client. Effective Date: July 1, 2018
Practice of Pharmacy
HB 851 (Full Text). 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. Prescription Drug Pricing Transparency
This bill reestablishes the licensure, renewal, and revocation of health access dental licenses. All requested information must be submitted before a determination can be made. 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. A: Not necessarily, your livescan results must have been completed within the last three (3) months from receiving the exemption application. Summary:
), Chapter 408.809 . The law establishes two programs to safely import FDA-approved prescription drugs into Florida: The Canadian Importation Program and the International Drug Importation Program. You have been lawfully released from confinement, supervision or other nonmonetary condition imposed by the court for a disqualifying misdemeanor criminal offense; At least 3 years after you have been lawfully released from confinement, supervision, or other nonmonetary condition imposed by the court for a disqualifying felony criminal offense; You have completed any court-ordered fee, fine, fund, lien, civil judgment, application, costs of prosecution, trust, or restitution as part of the judgment and sentence for any disqualifying felony or misdemeanor in full; and, If you have been designated as a sexual predator, sexual offender or career offender you are. House Bill 1063 (Full Text). Background Screening, Samantha Heyn, Unit Manager
Certified Master Social Worker
You will also need to provide all court dispositions no matter the plea, judgment, verdict or even if it was sealed or expunged from your record. HB 5 (Full Text). The bill repeals the requirement that DOH must issue an emergency order suspending a health care practitioners license for a student loan default, absent timely proof of a new repayment plan. Summary:
You are now required to report your continuing education/continuing medical education (CE/CME) course completions, Click Here to Apply to access the Employment Exemption Application, https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/exemption.shtml, http://www.deadiversion.usdoj.gov/index.html, Marriage and Family Therapist Intern Intern , Florida Department of Health, Division of Medical Quality Assurance. BACKGROUND SCREENING REQUIREMENT: It is the policy of the Florida Depart-ment of Children and Families that any applicant being considered for employment must . Amends the title of an Advanced Registered Nurse Practitioner (ARNP) to Advanced Practice Registered Nurse (APRN) and makes conforming changes throughout the Florida Statutes. 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. Effective Date: June 23, 2017
No longer need two letters of recommendation, No longer required to submit a sworn, notarized statement regarding criminal history, Deletes obsolete provisions related to administering a licensure examination for certain foreign-trained PA applicants. The bill clarifies the method for the collection and processing of applicant fingerprint records for the purpose of background screening. 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. Summary:
Prescription Drug Importation Programs
Effective Date: July 1, 2017
Cited as the Grieving Families Act. The law permits the inspection, suspension, revocation, and penalty of surgery centers. "I am confident in the committee members' ability to carefully analyze the important issues associated with implementing full prescriptive authority for ARNPs. However, they can still apply for AHCA's exemption from disqualification. The agency shall establish a schedule of fees to cover the costs of screening. This provides a cost savings for applicants in the Clearinghouse that have had a lapse in employment greater than 90 days. %PDF-1.6
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Jones Health Podcast: Who Can Sign Off On a Death Certificate in Florida? Senate Bill 404 (Full Text). Most of us heard that Level 2 Background Check generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated [] Florida Department of Elder Affairs CDC+ Program, Background Screening and Live Scan Fingerprinting 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). Summary:
2009-223; s. 21, ch. Repeals section 465.1862, Florida Statutes, regarding pharmacy benefits manager contracts. A revised protocol agreement with a supervising Psychiatrist will also be required unless the ARNP indicates he or she does not intend to prescribe controlled substances as indicated above. Medical Use of Marijuana
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. 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. (certain sections become effective January 1, 2017)
This bill modernizes the definitions of physical therapy assessment and the practice of physical therapy to reflect current practice and authorizes the Board of Physical Therapy Practice to adopt rules related to the standards of practice for physical therapists (PT) to perform dry needling. Administration of Vaccines (Pharmacy)
Samantha Heyn, Unit Manager. The Board voted to approve the application and move forward with rulemaking at its June 5th meeting. 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. 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. The bill also creates a public meeting exemption where sensitive matters listed in the statute are addressed. Each employee/contractor required to undergo screening must attest upon hiring that they meet the requirements for employment and agree to inform the employer immediately if arrested for any disqualifying offense. This includes a daily fine of $500 until the estimate is provided to the patient. The bill also refines requirements for licensing midwives by examination and endorsement and clarifies requirements for temporary certification of midwives in areas of critical need and expanded access to midwifery care in areas of critical need by designating additional practice settings in conformance with other licensed health care professions. Effective Date: July 1, 2020
(a) Requests for an exemption from disqualification shall be submitted in writing to the Agency using the Application for Exemption from Disqualification AHCA Form 3010-0019, October 2009. 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. 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 Radiologic Technology , The Florida Department of Health has changed the license renewal process. 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. 2. Amends section 466.0135, Florida Statutes, requiring a minimum of 2 hours of continuing education on prescribing of controlled substances for Dentists. A CPPA must meet certain terms and specify the health conditions, treatments, and tests governed by the CPPA. A registration issued on or before March 31, 2017, may not be renewed or reissued and will expire on March 31, 2022. All of these documents will need to be neatly organized and AHCA must receive the documents within 30 days from receipt of its letter. 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. Summary:
Effective Date: July 1, 2018
Prohibits a person who has held a provisional license issued by the board from applying for an intern registration in the same profession. The applicant has paid the court-ordered amount in full for any fee, fine, fund, lien, civil judgment, application, cost of prosecution, trust or restitution as part of the judgment and sentence for any disqualifying felony or misdemeanor. This bill amends Section 893.055, Florida Statutes, authorizing the use of state funds for administration of the program; and deleting a requirement that implementation of the program is contingent on non-state funding. The bill creates the crime of reproductive battery. The Unit is also responsible for the maintenance and administration of the Care Provider Background Screening Clearinghouse. Optometry
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. The granting of an exemption does not change an individual's criminal history. Section 22: Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling
Summary:
Grounds for discipline or denial of a license for Psychiatric Nurses are described in Section 8 of the law. The Florida Department of Health has changed the license renewal process. The fingerprints may be retained by the Department of Law Enforcement under s.943.05(2)(g). The bill adds definitions of "fatal fetal abnormality" and "medical abortion," and revised the definition of gestation in section 390.011, Florida Statutes. Summary:
Effective Date: July 1, 2016
The bill revises section 459.0055(1)(l), Florida Statutes, to update the organizations which accredit residency programs for Osteopathic Physicians, allowing applicants who completed programs accredited by the American Council for Graduate Medical Education (ACGME) to be licensed. Distributing Pharmaceutical Drugs and Devices
The bill also requires the consultant pharmacist to maintain all drug, patient care, and quality assurance records.
APRNs would be licensed instead of certified. 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. (g)Section817.234, relating to false and fraudulent insurance claims. SB 312 (Full Text). 2023 Florida Agency for Health Care Administration. Proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any provider or professional licensure requirements of the agency, the Department of Health, the Agency for Persons with Disabilities, the Department of Children and Family Services, or the Department of Financial Services for an applicant for a certificate of authority or provisional certificate of authority to operate a continuing care retirement community under chapter 651 satisfies the requirements of this section if the person subject to screening has not been unemployed for more than 90 days and such proof is accompanied, under penalty of perjury, by an affidavit of compliance with the provisions of chapter 435 and this section using forms provided by the agency. Federal approval is required before the programs may begin. Effective Date: July 1, 2020
Extend the required annual review of certificate recipients to out-of-state medical schools and allows provision of medical care or treatment to physicians providing both in-state and out-of-state education. Bureau of Central Services, Background Screening UnitBGScreen@ahca.myflorida.com
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. Summary:
House Bill 373 (Full Text)
Drug-related Overdose Prevention (Pharmacy)
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2010-114, provides that [t]he changes made by this act are intended to be prospective in nature. 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. Practice requirements are also in the legislation and will be interpreted by the Board during its June 2020 meeting as part of the implementation of the bill. A: There is no application fee for an Exemption Application. All screenings that are received for employment purposes in an AHCA regulated facility are . SB 566 (Full Text). An authorized RN may delegate tasks to CNAs or home health aides if the RN determines that the CNA or home health aide is competent to perform these tasks, that the tasks are delegable under applicable Federal law, and the tasks meet certain criteria designated in the law. Florida's law requires you to offer 'clear and convincing evidence to prove your . Such an impairment will not be considered grounds for discipline if the practitioner: Medical Faculty & Medical Assistant Certification
The bill authorizes the Association to file suit in circuit court to collect assessments under certain circumstances and requires the Association to notify the Department of Health and the applicable board of any unpaid final judgments against a physician within seven days after the entry of a final judgment. The bill also requires physicians who perform abortions outside of a medical facility to submit a monthly report to AHCA. Check presented by the provider indicated a potentially disqualifying offense with no documentation demonstrating final disposition. Upon enactment of the compact, the bill authorizes eligible Florida licensed mental health counseling practitioners to apply for licensure to provide services to out-of-state patients through either telehealth or in-person across compact states. The second card must be submitted to the Agency within 21 days of the Agencys request or the screening request will be considered withdrawn. Prescriptions may be written in paper or electronic form but must comply with sections 456.0392(1) and 456.42(1), Florida Statutes. Please contact me to be sure that the law which will govern your business is current. An analysis and review of court dispositions and arrest reports may be required to make a final determination. Sections 12-16: Midwifery
The bill prohibits a housing provider to request information that discloses the diagnosis or severity of a persons disability or any medical records relating to the disability. Physicians are also now permitted to order full potency, medical cannabis for patients suffering from a terminal condition attested to by two physicians. 369 0 obj
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A minimum of a masters degree from a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); A minimum of a master's degree with an emphasis in marriage and family therapy from a college or university that is accredited by the Council on Accreditation of Counseling and Related Educational Programs (CACREP); or. (c) Disqualifying Offense means any criminal offense prohibited in Section 435.03, 435.04 or 408.809(5), F.S. Appointed members include:
The bill creates section 456.0496, Florida Statutes, requiring certain health care practitioners to ensure that the informational pamphlet on the screening for, and treatment of, preventable infant and childhood eye and vision disorders is provided to parents after a planned out-of-hospital birth. 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. The bill also requires mental health receiving facilities to initiate an involuntary examination of a minor admitted under the Baker Act; this examination must take place within 12 hours of arrival at the facility. The application will be reviewed and a decision made once all relevant documentation has been received. HB 17 (Full Text). 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. We combine our knowledge and skillset with our passion for arguing our client's case for an exemption before AHCA/DOH hearing panel. A person who serves as a controlling interest of, is employed by, or contracts with a licensee on July 31, 2010, who has been screened and qualified according to standards specified in s.435.03 or s.435.04 must be rescreened by July 31, 2015. Senate Bill 1934 (Full Text). 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. Summary:
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. Effective Date: July 1, 2016
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. 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. HB 1523 (Full Text). For more information, contact the Florida Board of Medicine at 850-245-4131 or visit www.flboardofmedicine.gov. SB 632 (Full Text). The bill creates a licensed and regulated profession, genetic counseling, within the Department of Health, Division of Medical Quality Assurance, in part III of chapter 483, Florida Statutes, and authorizes the new practice act to be cited as the Genetic Counseling Workforce Act.. The bill establishes minimum experience, education, and training requirements for PTs who perform dry needling.
The nursing home must notify the prescriber prior to each therapeutic substitution and document the residents medical record when a substitution occurs. 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. 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. 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. Effective Date: October 1, 2018
Effective Date: Upon becoming a law (not signed yet)
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