Regulation of Health Care Practitioners HB 513 (Full Text). . 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. AHCA:Central Services: Background Screening Exemption from Disqualification: In accordance with section 435.07, Florida Statutes, persons disqualified from employment may be granted an exemption from disqualification. 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. 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.. Summary: The law authorizes the Department to register and regulate office surgery centers. In addition, certain health care practitioners and facilities are authorized to electronically file a registration of nonviable birth within a specified timeframe. 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. The bill requires certain offenses be included in grounds for discipline for health care practitioners. Practice of Pharmacy Effective Date: July 1, 2022 Effective Date: January 1, 2021 Nursing 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. Once AHCA received the documents, it will be transferred to the Exemption Team and assigned to one of their analysts. 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 Various clipart and image collections appearing on this site are used under license by the department or its web managers for this site. 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 This provision does not apply to staff hired before August 1, 2010, who has never been screened. 1. Governor DeSantis signed HB 607 into law on March 11, 2020. The bill authorizes the supervision of medical assistants by podiatric physicians and specifies governance by section 458.3485, Florida Statutes. hbbd```b``"kddMn`,`o0LW@Dz@kn&F 5@iBg` 9 "I am confident in the committee members' ability to carefully analyze the important issues associated with implementing full prescriptive authority for ARNPs. 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. 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). (c)Section409.920, relating to Medicaid provider fraud. This includes a daily fine of $500 until the estimate is provided to the patient. Effective Date: April 14, 2016 Telephone: (850) 412-4503 Senate Bill 182 (Full Text). You can also search for approved counterfeit-proof prescription pad vendors and request certification of your Florida license. A: Not necessarily, your livescan results must have been completed within the last three (3) months from receiving the exemption application. ), Chapter 408.809 . 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. Effective Date: July 1, 2022 The bill authorizes medicinal drugs to be dispensed by a hospital that operates a Class II or Class Ill institutional pharmacy to any inpatient upon discharge or patient discharged from an emergency department if the prescribing practitioner determines that the medicinal drug is warranted and community pharmacy services are not readily accessible to the patient. Exemptions granted by one agency will be considered by other agencies, but it is not binding on subsequent agencies. The bill creates the crime of reproductive battery. Such an impairment will not be considered grounds for discipline if the practitioner: Medical Faculty & Medical Assistant Certification The bill replaces the CORPA with the CHEA or its successors. Telephone: (850) 412-4503. Effective Date: July 1, 2017 Are you allowed to continue to work for your employer after youve submitted the application for Exemption from Disqualification? 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. Effective Date: July 1, 2022 Fear not, because you may be eligible to file an Exemption from Disqualification if you meet certain criteria. (a) Arrest Report means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest. 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. Jones Health Podcast: Who Can Sign Off On a Death Certificate in Florida? (e) In deciding whether to grant or deny an exemption request, the Agency shall consider factors such as the facts and circumstances surrounding the disqualifying offense(s), the nature of the harm to the victim, whether the individual is on probation or parole, whether restitution has been made, the length of time since the last offense, the history of the person since the disqualifying offense(s), work experience, personal references, performance evaluations, probation or parole violations, education, other evidence of rehabilitation, and the honesty and candor of the disqualified individual. Background Screening. Resubmissions are initiated through our Background Screening website by an AHCA, Medicaid, or Managed Care provider. hb```B eax J-C Is%Ivmv@FGCChGRG\930yX,b X)k JvFvN/n\D|J7A/~)0lcxp6$,lpg1(@` c,\ Processing includes making a determination of eligibility and evaluating applications for exemption. 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. Existing statutory language requires that beginning July 1, 2025, mental health therapy licensure by examination applicants must graduate from a CACREP-accredited program. The agency may adopt rules to establish a schedule to stagger the implementation of the required rescreening over the 5-year period, beginning July 31, 2010, through July 31, 2015. %PDF-1.5 % If the practitioners continuing education records are complete, they will be able to renew their license without interruption. Summary: Providing an exemption from the state tax on sales, use, and other transactions for marijuana and marijuana delivery devices used for medical purposes. Summary: The bill revises the requirements for certain health care practitioners providing an opioid drug listed as a Schedule II controlled substance to inform the patient about possible nonopioid alternatives, discuss the advantages and disadvantages of nonopioid alternatives, and provide the pamphlet as required in section 456.44, Florida Statutes by: Department of Health HB 843 (Full Text). 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. House Bill 221 (Full Text). Prescription Drug Monitoring Program Joshua D. Lenchus, DO, RPh, FACP, SFHM from Davie HB 559 (Full Text). You also must make sure that your license stays active if you are a licensed healthcare provider, which means that you should submit any renewal forms and correct any omissions to prevent your license from expiring. Consent for Pelvic Examinations Can you help me? A licensed mental health professional must be on the premises when clinical services are provided by a registered intern in a private practice setting. SB 632 (Full Text). Prescription Drug Monitoring Program Electronic Prescribing Summary: Summary: The bill further addresses Schedule II prescribing privileges for both ARNPs and PAs. reviewed for any disqualifying offenses, and approved by the Department. endstream endobj startxref 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. Summary: For Level 1 and Level 2, the missing information must be filed with the Agency within 30 days of the Agencys request, or the individual is subject to automatic disqualification in accordance with Section 435.05(1)(d), F.S. 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. All requested information must be submitted before a determination can be made. HB 429 (Full Text). Updates on the implementation of this law will be added to the website. Our firm can assist you with demonstrating to AHCA by clear and convincing evidence that an exemption from disqualification should be granted. Summary: HB 7059 (Full Text). Summary: Automated Pharmacy Systems 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. Tallahassee, FL 32399, Military Occupational Licensure The Board voted to approve the application and move forward with rulemaking at its June 5th meeting. Registration is provided here is the screening of compliance ahca with background screening through offline mode. The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). . (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. Many criminal offenses may be returned on a Level 2 background screening which initially appears to disqualify the individual from being employed in an AHCA-licensed facility, especially where the patients will be elderly, disabled, or children. The Board, along with AHCA, will also create standards and procedures for CNAs to follow when administering medication in a home health setting. Senate Bill 622 (Full Text). 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. 15. (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. 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. The bill clarifies the method for registration, payment of fees, and completion of the national examination. The bill removes the requirement for graduates from an approved program who have not taken the licensure examination within 6 months of graduation to complete a board-approved licensure examination preparatory course. The bill authorizes a consultant pharmacist to provide services to patients in an ambulatory surgical center, hospital, alcohol or chemical dependency treatment center, inpatient hospice, or ambulatory care center, in addition to those authorized in current law (nursing home and home health agency patients). 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. 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. Effective Date: July 1, 2019 437 0 obj <>/Filter/FlateDecode/ID[]/Index[405 50]/Info 404 0 R/Length 141/Prev 271709/Root 406 0 R/Size 455/Type/XRef/W[1 3 1]>>stream The bill requires both the consultant pharmacist and health care practitioner to maintain a copy of the collaborative agreement and make it available upon request or during an inspection. House Bill 545 (Full Text). 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. (l) Section831.01, relating to forgery. 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. requirements for qualifying for employment in regards to the background screening standards set forth in Chapter 435 and section 408.809, F.S. To correct information on a criminal history report for an offense that occurred in Florida, contact the Florida Department of Law Enforcement. Click edit button to change this text. House Bill 1241 (Full Text). Background Screening Its implementation, in part, entails certain measures addressing Advanced Registered Nurse Practitioner (ARNP) protocols; the disclosure of nursing education programs probationary status and circumstances warranting termination; completion of a specified course in orthotics and prosthetics for licensure and licensure renewal; and requirements for certain physical therapist assistant licensure applicants. Individuals providing a Letter of Recommendation should include their name, address and telephone number for verification or possible interview. In addition, the Department does not represent or warrant that any defects in the Website or errors in the Website information will be corrected. A: No, for example: If you hold a Nursing and Massage Therapist license you will have to request an exemption for each license. Senate Bill 1418 (Full Text). House Bill 977 (Full Text). Providing an exemption from public records requirements for the personal identifying and location information of certain non-sworn investigative personnel of the Department of Financial Services and the names and personal identifying and location information of the spouses and children of such personnel; providing an exemption from public records requirements for certain identifying and location information of current or former emergency medical technicians or paramedics certified under ch. The registration application will be available after July 1, 2020. Amends section 456.054, Florida Statutes, which provides that a designated facility owned or operated by a public health trust and located within the boundaries of a municipality is under the exclusive jurisdiction of the county creating the public health trust. 5, ch. Summary: The bill also creates a public meeting exemption where sensitive matters listed in the statute are addressed. Requires IPN disclose certain information to DOH; requires a multistate nurse report participation in a treatment program to the DOH. Senate Bill 1084 (Full Text). The bill authorizes a certified registered pharmacy technician to administer vaccines and immunizations to adults under the supervision of a certified pharmacist. The bill requires health care professionals licensed under chapters 458, 459, 460, or 461, Florida Statutes, to provide specified information upon initial licensure or upon license renewal including the medical school attended and coursework completed; the name of each hospital where the applicant has privileges; the address of primary practice; any certification received from a specialty board; the year the applicant began practicing; any appointment to the faculty of a medical school; relevant professional qualifications; information regarding any criminal convictions; and any final disciplinary action. Registration numbers are linked to state licenses and may be suspended or revoked upon any disciplinary action taken against a licensee. Licensed Mental Health Counselor 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. Summary: 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. This post was authored by Jamaal R. Jones, Esquire (Partner) of Jones Health Law, P.A. 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 10 and 11: Nursing Licensure by Examination Separate portions of HB 607, now referred to as Chapter 2020-9, Laws of Florida, impact Board of Nursing licensees. HB543 (Full text link). Creates sections 624.490, 627.64741, 627.6572 and 641.314, Florida Statutes, establishing definitions, registration and duties involving prescription benefit managers and associated contracts. If the individual was previously screened through the Agency, the reported incident is researched and if confirmed as a . 2010-114, provides that [t]he changes made by this act are intended to be prospective in nature. Providers may access the screening results through the Agencys secure website at:Background Screening Results Web Site. A signed affidavit is no longer required. The bill amends section 468.505, Florida Statutes, providing that certain unlicensed persons are not prohibited or restricted from his or her practice, services, or activities in dietetics and nutrition under certain circumstances. requirements for qualifying for employment in regards to the background screening standards set forth in Chapter 435 and section 408.809, F.S. Revise the definition of a massage therapy apprentice to include only those persons approved by the BMT to study colonic irrigation under a licensed massage therapist; Updates the name of the accreditation body for psychology programs and revises the requirements for psychology licensure; Limits the Board of Clinical Social Work, Marriage and Family Therapists, and Mental Health Counseling to the issuance of only one additional internship registration; Revises the education, clinical, and licensure requirements for marriage and family therapists and licensed mental health counselors, including updating the program accrediting agencies; Order and evaluate laboratory and clinical testing; Modify or discontinue medicinal drugs pursuant to a patient-specific order or treatment protocol. Eliminates state licensure requirements for clinical laboratories, and requires a birth center to be federally certified and to meet specified requirements to perform certain laboratory tests. 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. (7)The agency and the Department of Health may adopt rules pursuant to ss. These bills establish an expiration date for mental health professional intern registrations and update current statutory language. Occupational Therapy It depends on the circumstances. HB 431 (Full Text). Please see below for highlights of the new legislation: Effective Date: July 1, 2019 Repeals language relating to the content of the licensure examination. For any such rescreening, the agency shall request the Department of Law Enforcement to forward the persons fingerprints to the Federal Bureau of Investigation for a national criminal history record check. Effective Date: December 31, 2018 or upon enactment of the Nurse Licensure Compact in to law by 26 states, whichever occurs first hbbd```b``3@$& `q)DrEHv3d&e|`N9dLV+1W&2n`[&II0L* df&FF94!30~0 nb (1) Definitions: %PDF-1.6 % Effective Date: July 1, 2016 The agency shall establish a schedule of fees to cover the costs of screening. Ten hours of CE, approved by the Board, must be completed at each renewal in addition to completing the 30 hours of CE already in place, even if the APRN is exempt from existing CE requirements due to his or her national certification. 1. House Bill 1313 (Full Text). Summary: The bill prohibits a physician from performing an abortion on a minor unless the physician has received a notarized, written consent statement signed by the minor and her mother, father, or legal guardian and the physician has been presented with proof of identification and proof of parentage or guardianship by the parent or legal guardian. Florida Statute 408.809(7)(a) states that AHCA may grant an exemption from disqualification to a person who is subject to this section and who: (1) Does not have an active professional license or certification from the DOH; or (2) has an active professional license or certification from the DOH but is not providing a service within the scope of that license or certification.You may also have to submit a signed background screening privacy policy acknowledging receipt of the privacy policy. 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. The bill prohibits the Department of Health (DOH) from denying the issuance of, refusing to renew, suspending, or revoking a professional license based solely on the licensee being delinquent on a payment of or defaulting on his or her student loans. Effective Date: July 1, 2018 Senate Bill 1742 (Full Text). 336 0 obj <> endobj Let's Talk Descriptions of such offenses are listed inFlorida Statute (F.S. Effective Date: July 1, 2016 Summary: A: Each agency makes their own decisions regarding exemptions. This bill reestablishes the licensure, renewal, and revocation of health access dental licenses. 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. The bill amends section 483.801, Florida Statutes, adding an exemption from licensure for a registered nurse performing alternate-site testing. Summary: Persons designated as sexual predators, sexual offenders or career offenders are not eligible for an Exemption from Disqualification. (a) A provider may conduct Level 1 background screening for employees either directly through the FDLE or through the Agency. The Department of Health is required to report the data collected from such surveys to the boards biennially. 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. Effective Date: Upon becoming law If the letter is returned unclaimed, a copy of the letter will be sent by regular mail. Beginning January 1, 2017, Physician Assistants (PAs) and Advanced Registered Nurse Practitioners (ARNPs) can prescribe controlled substances listed in Schedule II, Schedule III or Schedule IV as defined in s. 893.03 Florida Statutes. 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. A Livescan Level II background screening must be completed prior to receiving an exemption. Effective Date: July 1, 2020 Amends section 466.0135, Florida Statutes, requiring a minimum of 2 hours of continuing education on prescribing of controlled substances for Dentists. 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. AHCA Form # 3100-0008, January 2017 Rule 59A-35.090, F.A.C . HB 607 (Full Text). The new law permits Floridas approved dispensing organizations to cultivate, process and dispense both low-THC cannabis and the higher potency medical cannabis. Institutional Formularies Established by Nursing Home Facilities Creates section 456.47, Florida Statutes, establishing standards of practice for telehealth providers, registration of out-of-state providers, venue requirements and exemptions. Summary: This postis not intended as legal advice, it is purely educational and informational, and no attorney-client relationship shall result after reading it. Summary: 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. Fax: (850) 487-0470. Controlled Substances Formulary Committee: Effective Date: July 1, 2020 Effective Date: Upon becoming a law However, the terms may also refer to certain disqualifying offenses if certain statutes are referenced. Summary: The bill clarifies the definitions and educational requirements for psychologists applying for licensure by examination or provisional licensure. 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