Telehealth (Dentistry, Medicine, Osteopathic Medicine, Nursing, Podiatric Medicine) Removes medical malpractice insurance, arrangements for patients requiring follow-up care, and academic record risk reviews from dental school written plan protocols; and. 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. (8)There is no unemployment compensation or other monetary liability on the part of, and no cause of action for damages arising against, an employer that, upon notice of a disqualifying offense listed under chapter 435 or this section, terminates the person against whom the report was issued, whether or not that person has filed for an exemption with the Department of Health or the agency. 336 0 obj <> endobj (1) Definitions: Thank you. Requires law enforcement to notify potential victims of the threat and provides that such disclosure of confidential communications may not be the basis of legal action or any civil or criminal liability against the psychiatrist or psychologist. Effective Date: Upon becoming a law (not signed yet) 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. The bill amends section 483.801, Florida Statutes, adding an exemption from licensure for a registered nurse performing alternate-site testing. AHCA rarely grants extensions for filing the application. The bill modifies the frequency for the Department of Health to provide the Association electronic reports of all physicians licensed under Chapters 458 and 459, Florida Statutes, to monthly. Medical Use of Marijuana It depends on the circumstances. 59A-35.090 Background Screening. 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. Effective Date: July 1, 2016 Training coursework is required in order for a CNA to administer medication under an RNs delegation. Prohibits providers from balance biller members of a PPO or EPO for emergency services, or for nonemergency services, when the nonemergency services are provided in a network hospital and the patient had no ability or opportunity to choose a network provider. Has an active professional license or certification from the Department of Health but is not providing a service within the scope of that license or certification. It is not intended that persons who are employed or licensed on the effective date of this act be rescreened until such time as they are otherwise required to be rescreened pursuant to law, at which time they must meet the requirements for screening as set forth in this act., Click edit button to change this text. This form must be kept in the employees personnel file. 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. The Board is directed to adopt rules implementing the new law in consultation with the Agency for Health Care Administration (AHCA). 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. A pharmacist may not prescribe any controlled substance; however, the Board-developed formulary may include any non-controlled substance, including those that typically need a prescription to dispense, such as antibiotics, and over-the-counter medications. During the 2016 Legislative Session, House Bill 375 was passed and became law on March 28, 2016, as Chapter 2016-125, Laws of Florida. SB 312 (Full Text). (e) FBI means the Federal Bureau of Investigation. A CPPA must meet certain terms and specify the health conditions, treatments, and tests governed by the CPPA. Effective Date: July 1, 2021 Child Welfare Effective Date: March 31, 2016 Effective Date: Upon becoming law If the letter is returned unclaimed, a copy of the letter will be sent by regular mail. 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). Pharmacies Requires DOH to report certain investigative information to the coordinated licensure information system (CLIS). Institutional Formularies Established by Nursing Home Facilities HB 21 (Full Text). Effective Date: July 1, 2022 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. (4) Results of Screening and Notification. Exemptions granted by one agency will be considered by other agencies, but it is not binding on subsequent agencies. In such instances, written prescriptions may be used, which must meet the requirements under current section 456.43, Florida Statutes. part 24 493. Amends definition of an LPN and RN to include a multistate license. The bill requires a nursing home to obtain informed consent from a resident or a residents representative to use the institutional formulary for the resident. 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. Effective Date: July 1, 2016 Additional continuing education (CE) requirements are put in place for autonomous practice. House Bill 545 (Full Text). 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. 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. Let's Talk 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. 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. The law requires prescribers to generate and transmit all prescription electronically, except when electronic prescribing is unavailable due to a temporary electrical or technological failure. Physicians are also now permitted to order full potency, medical cannabis for patients suffering from a terminal condition attested to by two physicians. HB1307 (Full text link). (m) Section831.02, relating to uttering forged instruments. 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. Providing that a pharmacist may dispense an emergency opioid antagonist pursuant to a non-patient-specific standing order for an autoinjection delivery system or intranasal application delivery system; revising the authority of a licensed physician assistant to order medication under the direction of a supervisory physician for a specified patient; revising the term "prescription" to exclude an order for drugs or medicinal supplies dispensed for administration; authorizing a licensed practitioner to authorize a licensed physician assistant or advanced registered nurse practitioner to order controlled substances for a specified patient under certain circumstances. Practice of Physician Assistants (c)Section409.920, relating to Medicaid provider fraud. AHCA Background Screening Application for Exemption An individual who has been found guilty of any "disqualifying criminal offenses as listed in sections 435.03 (2), 435.04 (2), and 408.809 Florida Statutes might be deemed ineligible to work with minors or senior citizens. Summary: If you have a disqualifying offense requiring an exemption, you would check box number 2 on the exemption application that states: "I am an owner, . Senate Bill 450 (Full Text). Senate Bill 404 (Full Text). 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. 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. 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. The bill exempts medical doctors, osteopathic physicians, and chiropractic physicians from the requirement to be licensed as a home medical equipment provider in order to sell or rent electrostimulation medical equipment and supplies to their own patients in the course of their practice. A Council on APRN Autonomous Practice is created within the Department of Health and will recommend standards of practice to the Board. 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. The bill added the accrediting body, Masters in Psychology and Counseling Accreditation Council, or other equivalent accrediting body to the list of accepted programs. If granted, an exemption shall be voided if you receive a new disqualifying criminal offense after the date the exemption is issued. 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. Likewise, out-of-state licensed professional counselors in compact states will be authorized to provide services to Florida patients through telehealth and in-person. Effective Date: July 1, 2019 Individuals providing a Letter of Recommendation should include their name, address and telephone number for verification or possible interview. Please see below for highlights of the new legislation: Mental Health Counselor Intern Marriage and family therapy applicants must graduate with a masters degree from a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) or a Council on Accreditation of Counseling and Related Educational Programs (CACREP)accredited program or complete a masters degree at any institutionally accredited college or university with a major emphasis in marriage and family therapy or a closely related field with a degree conferred date prior to September 1, 2027. Health Care Practitioner Licensure In accordance with Section 381.003, Florida Statutes, effective January 1, 2021, all health care practitioners licensed under chapter 458, chapter 459, or chapter 464 in this state who administer vaccinations or causes vaccinations to be administered to children from birth through 17 years of age is required to report vaccination data to the immunization registry, Florida SHOTS, unless a parent or guardian of a child has refused to have the child included in the immunization registry by meeting the requirements identified in 381.003(e)2., F.S. The qualifying or disqualifying status of the person named in the request shall be posted on a secure website for retrieval by the licensee or designated agent on the licensees behalf. HB505 (Full text link). The registration application will be available after July 1, 2020. Summary: 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. Senate Bill 510 (Full Text). Office Surgery 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 law grants the Department fining authority for non-compliance with statutory requirements for such matters as security, hygiene, packaging and storage. Summary: Health Care 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. (h) Level 2 Screening means an assessment of the criminal history record obtained through a fingerprint search through the FDLE and FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.04 or 408.809(5), F.S. 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. Resubmissions are initiated through our Background Screening website by an AHCA, Medicaid, or Managed Care provider. You are now required to report your continuing education/continuing medical education (CE/CME) course completions prior to license renewal. Additionally, the bill requires the Department of Health to report any significant investigation information relating to mental health counselors practicing under the compact to the established data system and authorizes the Board to take adverse action against a mental health counselors authority to practice under the compact and impose disciplinary actions for violation of prohibited acts. (h)Section817.505, relating to patient brokering. 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. The Board must adopt, by rule, the committee's initial recommendations no later than October 31, 2016. Under the bill, the protections for members of HMOs would remain unchanged. Level 2 Background Check is the term used in Florida Statutes to convey the method of the criminal history record check and the extent of the data searched. Expands the eligibility for a membership seat on the Board of Pharmacy. The bill: Nonemergent Patient Care (EMT/Paramedic, Medicine, Osteopathic Medicine, Pharmacy) 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. Summary: may be authorized to perform moderate-level or waiver-level clinical laboratory testing within the hospital or hospital-based off-campus emergency department with a separate federal Clinical Laboratory Improvement Amendments (CLIA) program clinical laboratory certification under 42 C.F.R. The bill amends section 456.51, Florida Statutes, relating to informed consent for pelvic examinations. The Department of Law Enforcement shall charge the agency for screening pursuant to s.943.053(3). Effective Date: July 1, 2021 An Affidavit of Compliance with Background Screening Requirements, AHCA Form 3100-0008, October 2009, herein incorporated by reference, and available from the Agency for Health Care Administration at: http://www.ahca.myflorida.com/Publications/Forms/HQA.shtml. HB 6095 (Full Text). The Florida Agency for Health Care Administration (AHCA), Background Screening Unit (BGS), is responsible for screening any health professionals who work in a health facility such as a nursing home, hospital long term care facility, home health agency or health care clinic. Effective Date: July 1, 2019 In order to qualify for an exemption, you must have paid any amount for any fee, fine, fund, lien, civil judgment, application, cost of prosecution, trust, or restitution as part of the judgement and sentence for any disqualifying felony or misdemeanor in full. hbbd```b``"kddMn`,`o0LW@Dz@kn&F 5@iBg` 9 If the practitioners continuing education records are complete, they will be able to renew their license without interruption. DOH is required to review the incident report and determine if the incident involves conduct that is subject to disciplinary action; then, if disciplinary action is necessary, DOH must refer the matter to the appropriate board, or to the department if there is no regulatory board. Effective Date: March 18, 2019 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. Summary: 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. Please make copies of all documents for your records. Mental Health Electronic submissions must be made through the Agencys background screening web site. facility owner, administrator or chief financial officer, staff person that is uncertified or unlicensed). The new law permits Floridas approved dispensing organizations to cultivate, process and dispense both low-THC cannabis and the higher potency medical cannabis. 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