59A-27.006. Procedures and Records

(1) Each health care services pool shall maintain the following business records and shall make these records available for inspection by the department upon request:

(a) Copies of corporate articles of incorporation and bylaws, if applicable;

(b) Records documenting the work performed by personnel referred by the pool including: the date of initial referral of a worker by the pool, dates and location of each placement and the names and addresses of client health care facilities. Copies of personnel time records or invoices identifying the services provided are acceptable records for meeting this requirement; and,

(c) Copies of any written employment contracts or other agreements entered into between the pool and each health care worker. Such contracts shall specifically and clearly advise the worker as to whether he or she is an employee of the pool or is an independent contractor referred by the pool. Also, where the worker is retained as an independent contractor, the contract or agreement shall specifically state that the independent contractor is responsible for paying federal income taxes. Prior to placement at a health care facility, the pool shall provide a document to each temporary health care worker, for his or her signature, which states that the worker understands his or her relationship with the pool, either as employee or independent contractor. This signed document shall be filed in the worker’s personnel file.

(2) Each health care services pool shall maintain a personnel file for each worker and such file shall be available for inspection by AHCA. Such file shall contain all information with respect to the skills and experience levels of personnel who are referred for work at health care facilities. In particular, the personnel file shall include the following:

(a) Evidence of the worker’s skills, qualifications and previous training. This shall include a skills inventory checklist, copies of current professional licenses and certificates, proof of education and training in specialized areas, copies of examinations given by the pool and individual examination scores, evidence of CPR or other certification and evidence of training and education regarding the treatment and prevention of human immunodeficiency virus and acquired immune deficiency syndrome;

(b) Documentation of submission for background screening and background screening results;

(c) Documentation of personnel information ensuring compliance with Section 400.980(6), F.S.;

(d) Documentation of any complaints known to the pool involving any of its workers and any follow-up action taken with respect to such complaints;

(e) Evidence that the pool has provided information pertaining to occupational exposure to bloodborne pathogens;

(f) Copies of contracts, if any, between the pool and any client health care facility setting forth the terms and conditions under which the pool will provide medical staff to the health care facility. Such contracts shall specifically identify whether the workers to be provided by the pool are referred as employees of the pool or are referred as independent contractors;

(g) Copies of all records required by the United States Internal Revenue Service to be prepared by the pools for their employees or independent contractors;

(h) The employment, health and medical history records of the worker as specified in Rule 59A-27.005, F.A.C.; and

(i) Documentation to verify the worker’s employment eligibility in compliance with the immigration laws of the United States.

(3) Background Screening is required as stated in Section 408.809, F.S. and Rule 59A-35.090, F.A.C. Proof of required background screening shall be maintained by the health care services pool for all persons that are required to be screened.

Rulemaking Authority 400.980, 408.809, 408.819 FS. Law Implemented 400.980, 408.809 FS. History–New 8-2-90, Formerly 7G-1.017, Amended 10-17-94, Formerly 61E6-1.017, 64B22-1.006, Amended 6-27-02, 8-28-14.