Florida Passes Law for Health Professional Background Screening
Sunday, April 4, 2021
By Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law
For several years, many healthcare professionals have been required to pass a Level II background check in order to work in most Florida healthcare facilities licensed by the Agency for Health Care Administration (AHCA). Many healthcare professionals are also required to pass a Level II background check in order to be licensed by the Florida Department of Health (DOH). In March 2020, the Florida Legislature passed House Bill 713, which will add the offenses of battery on a vulnerable adult and battery on a patient or resident of certain healthcare facilities (primarily nursing facilities) as a disqualifying offense. The law took effect on July 1, 2020. Previously, only felony battery and battery on a minor were disqualifying offenses for purposes of the Level II background screening.
More Details on the New Legislation.
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. This would occur if the practitioner has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to battery of a vulnerable adult, or battery on a patient or resident of a healthcare facility. (This is the wording of the statute, not mine.)
A practitioner who is determined to be "not eligible" on a Level II background check due to a disqualifying offense must apply for an exemption from that disqualifying offense, in order to be permitted to work. The practitioner seeking an exemption has the burden of proving that the exemption should be granted. The provider must prove this with clear and convincing evidence, a standard that is higher and stricter than that in a civil trial.
Any health professional seeking an exemption from a disqualifying offense should seek the assistance of an experienced health law attorney familiar with the application process, and the types of evidence that can prove that the health professional should be granted an exemption.
Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.
At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, home health agencies, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. It also includes medical students, resident physicians, and fellows, as well as medical school professors and clinical staff. We represent health facilities, individuals, groups, and institutions in contracts, sales, mergers, and acquisitions. The lawyers of The Health Law Firm are experienced in complex litigation and both formal and informal administrative hearings. We also represent physicians accused of wrongdoing, patient complaints, and in Department of Health investigations.
To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.ThehealthLawFirm.com
About the Author: Michael L. Smith, R.R.T., J.D., is Board Certified by The Florida Bar in Health Law. He is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620.
KeyWords: representation for medical license defense, legal representation for nursing license defense, background screening exemption attorney, Agency for Health Care Administration (AHCA) exemption attorney, Agency for Health Care Administration (AHCA) background screening exemption attorney, Agency for Health Care Administration (AHCA) practice disqualification lawyer, Agency for Health Care Administration (AHCA) practice disqualification waiver legal counsel, Agency for Health Care Administration (AHCA) letter disqualifying for employment, Agency for Health Care Administration (AHCA) administrative hearing lawyer, disqualification from employment working in health facility lawyer, healthcare business litigation matters, The Health Law Firm, reviews of The Health Law Firm Attorneys, The Health Law Firm attorney reviews, legal representation for medical license investigation, legal representation for nursing license investigation, professional license defense lawyer, legal representation for physicians, doctor defense legal representation, legal representation for nurses, nurse defense legal representation, Agency for Health Care Administration (AHCA) formal hearing on work exemption, Agency for Health Care Administration (AHCA) formal hearing defense attorney
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2021 The Health Law Firm. All rights reserved.
Like this blog? Add your public comments:
Items in bold indicate required information.