This rule provides guidance for conducting a background screening as required by law for employment within a health care provider regulated by the Agency for Health Care Administration.

AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing

RULE NO.: RULE TITLE:
59A-22.002: Definitions
59A-22.003: Required Screening Documents and Fees
59A-22.004: Requirements for Screening of Employees and Administrators
59A-22.006: Results of Screening and Notification
59A-22.008: Finding of Disqualification
59A-22.009: Exemption From Disqualification
59A-22.010: Section 120.57(1), F.S., Appeal of Exemption Denial
59A-22.011: Confidentiality of Screening Records
PURPOSE AND EFFECT: This rule provides guidance for conducting a background screening as required by law for employment within a health care provider regulated by the Agency for Health Care Administration.
SUMMARY: Background screening laws for employment for a health care provider regulated by the Agency for Health Care Administration significantly changed during the 2010 legislative session; rule authority is now in Chapter 408, Part II and included in Chapter 59A-35, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The background screening process currently has rules in Chapter 59A-35, F.A.C., that comply with the legislative changes and the Agency’s rulemaking authority, the repeal of these rules will not affect the screening process.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 400.497, 400.512 FS.
LAW IMPLEMENTED: 400.497, 400.512 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: CaraLee Starnes

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-22.002 Definitions.

Rulemaking Specific Authority 400.497, 400.152 FS. Law Implemented 400.462, 400.512, 400.497 FS. History–New 1-5-95, Repealed_________.

 

59A-22.003 Required Screening Documents and Fees.

Rulemaking Specific Authority 400.512, 400.497 FS. Law Implemented 400.512, 400.497 FS. History–New 1-5-95, Repealed________.

 

59A-22.004 Requirements for Screening Employees and Administrators.

Rulemaking Specific Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History–New 1-5-95, Repealed________.

 

59A-22.006 Results of Screening and Notification.

Rulemaking Specific Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History–New 1-5-95, Repealed________.

 

59A-22.008 Findings of Disqualification.

Rulemaking Specific Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History–New 1-5-95, Repealed________.

 

59A-22.009 Exemption from Disqualification.

Rulemaking Specific Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History–New 1-5-95, Repealed________.

 

59A-22.010 Appeal of Exemption Denial.

Rulemaking Specific Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History–New 1-5-95, Repealed________.

 

59A-22.011 Confidentiality of Screening Records

Rulemaking Specific Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History–New 1-5-95, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: CaraLee Starnes
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 13, 2012