FL DoH BoN enforcing new July 2009 law

yesicna · Sep 7, 2009

The State of Florida Agency for Health Care Administration (AHCA). which oversee licensure of 36,000 health care facilities such as Hospitals, Nursing Homes, SNF's, Home Health Agencies, etc.. has a very detailed webpage on the new law, specific background check resuts, and how to apply for an exemption from the AHCA. The deadline is, or in some interpretations "grace period" ends, October 1, 2009.

As with many other intra-departmental oversights and overlaps between the BoN and AHCA, this exclusion/exemption process affects those employed at Adult Day Care Centers, Home Health Agencies, Nursing Homes, Assisted Living Facilities, Residential Treatment Facilities, Community Mental Health Centers, Hospice, Crisis Stabilization Units, Health Care Services Pools, Nurse Registries and similar.

The AHCA exclusion/exemption process also includes for example Home Health Aides, Dietary Aides, Companions, Sitters, Mental Health Personell, etc.

Home Health Columnist / Guide · Sep 9, 2009

PA has similar regs inplace since 1998 (see stickied thread).

Devildog · Mar 23, 2011

to all,

the state of florida just amended effective 7/1/2011 the horrible law written effective 7/1/09. this is written in 2 parts initial licensure and exam and renewals they "loosened" the ridiculous 15 year rule for a felony.

[color=#0e774a]e-lobbyist.com/gaits/text/182408

FLmomof5 · Mar 23, 2011

That is the bill. Has it been voted on and Signed?

Devildog · Mar 24, 2011

i cannot say absolutely yes to the question. i can say that a fiscal impact statement was rendered with a favorable action by the commitee staff. you should read this also. i would find it hard to believe anything would change. i am also alarmed that this regulation is retroactive. this would be like lowing the speed limit and send out tickets for the lower limit 6 months later.

this bill will take away the ability of licensed professionals to make a living, or you could say there are too many licenses issued and this corrects the problem.

place fs 456.0635 in your search box

[color=#0e774a]www.flsenate.gov/session/bill/2011/1226/.../2011s1226.pre.hr.pdf

Shel216 · Apr 10, 2012

They have revised the law! The link is below. Good luck!!

2012 Bill Summary - The Florida Senate

Home Health Columnist / Guide · Apr 12, 2012

They have revised the law! The link is below. Good luck!!
2012 Bill Summary - The Florida Senate

Bill still needs Governors signature:

The bill amends s. 456.0635, F.S., to ease licensure and licensure renewal requirements for health care practitioners who have been convicted of a felony under ch. 409, F.S., relating to social and economic assistance, including the Florida Medicaid program; ch. 817, F.S., relating to fraudulent practices; ch. 893, F.S., relating to controlled substances; or a similar felony offense committed in another state or jurisdiction. The bill establishes differing timeframes for which an applicant must wait for licensure approval depending upon the nature of the conviction.
In order to be licensed or to renew a license, an applicant must not:
Have been convicted of or entered a plea of guilty or nolo contendere to, regardless of adjudication, an offense under the specified laws, and any subsequent period of probation ended:
For felonies of the first or second degree, more than 15 years before the date of application.
For felonies of the third degree, except those under s. 893.13(6)(a), F.S., relating to unlawful possession of controlled substances, more than 10 years before the date of application.
For felonies of the third degree under s. 893.13(6)(a), F.S., more than 5 years before the date of application.
[*] Have been convicted of or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony under 21 U.S.C. ss. 801-970, relating to federal controlled substance laws, or 42 U.S.C. ss. 1395-1396, relating to the federal Medicare, Medicaid, and related programs, unless the subsequent conviction or plea ended more than 15 years before the date of application;
[*] Have been terminated for cause from the Florida Medicaid program, unless he or she has been in good standing for the most recent 5 years (already in statute);
[*] Have been terminated for cause from any other state Medicaid program unless he or she has been in good standing with a state Medicaid program for the most recent 5 years and the termination occurred at least 20 years before the date of application (already in statute); or
[*] Be currently listed on the United States Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals and Entities.
These provisions do not apply to applicants for initial licensure who were enrolled in an educational program recognized by the Department of Health on or before July 1, 2009, and who applied for licensure after July 1, 2012.
A person who is denied licensure renewal under the provisions of this bill may only regain licensure by meeting the qualifications and completing the application process for initial licensure as defined by the appropriate practice board or the Department of Health. However, a person who was denied licensure under s. 456.0635, F.S., as it existed between July 1, 2009, and June 30, 2012, is not required to retake and pass any examinations necessary for licensure.

Shel216 · Apr 16, 2012

While I realize we cannot give legal advice, and the following shouldn't be taken as counsel of any kind, I hope the Admin will let the post stand for comment or as information.During the recent August 6th, 7th, and 8th, 2009 Florida Board of Nursing meetings several candidates for exemption or waiver for Nurse or Nurse Assistant licensure or certification were flatly turned down under the new Florida Statute 456.0635In brief, the new law disqualifies Health Professionsals (many occupations not just nursing) from license, certificate, or registration when convicted of, or entered a plea of guilty or nolo contendere to, certain felonies unless the sentence and any subsequent period of probation for such conviction or pleas ended more than 15 years prior to the date of the application.This should clear up some of the questions for Floridians since previously there was a general rule of thumb of needing five years in the past and minmally offensive felonies considered on a case by case basis. The board commented they were no longer able to grant any exemptions for crimes defined under the new law. This is from the meeting records.Today, in general, if the felony involved drugs, abuse, violence, or fraud, and the sentence or probabation or parole ended less than 15 years ago, one cannot be licensed as a healtcare professional in Florida.The gateway page to the statutes by number (to see specific crimes affecting licensure under FS c. 409, 817, and 893) is Florida StatutesThe BoN began notifying existing licensees with this "IMPORTANT NOTICE" on July 30, 2009.

The Bill was signed by Govoner Rick Scott 4/6/12