Background Screening; Prohibited Offenses.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-35.090Background Screening; Prohibited Offenses.

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 72, April 14, 2015 issue of the Florida Administrative Register.

The following sections of the proposed rule should be changed to read:

 

(1)(a) through (1)(c) No change.

(d) “Exemption from Disqualification” means an exemption granted by the Agency following a review of the Application for Exemption, AHCA Form 3110-0019,           2014, hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, and an informal teleconference, if appropriate, during which the individual must present clear and convincing evidence to support a reasonable belief that he or she has been rehabilitated and does not present a danger to the health, safety, and welfare of the patient or individual as described in Section 435.07, F.S.

(1)(e) through (2)(c) No change.

(2)(d)1. At the time of As part of the licensure application with a copy of screening results for administrators and chief financial officers that have been screened through the Care Provider Background Screening Clearinghouse created under Section 435.12, F.S., Screening conducted by the Department of Health, the Department of Elder Affairs, the Agency for Persons with Disabilities, the Department of Children and Families, or the Department of Financial Services another state agency may satisfy this requirement as authorized in Section 408.809(2).;

(2)(d)2 through (5) No change.

Rulemaking Authority 435.01,408.809, 408.819 FS. Law Implemented 408.809, 408.810, 435.07 FS. History–New 7-14-10, Amended 12-16-13,                      .

 

The following changes were made on the Application for Exemption, AHCA Form 3110-0019:

Pg. 3, the following paragraph was changed:

NOTE: The granting of an exemption by any State Department (including this Agency) does not clear the criminal history. The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s).If granted, an exemption shall may be voided if you receive a judgment on a new disqualifying criminal offense after the date the exemption is issued.

Technical changes include text and field formatting, as well as removal of the “AHCA Use Only” on page 3.