Section 393.0655, Florida Statutes 2004
393.0655 Screening of direct service providers.--
(1) MINIMUM STANDARDS.--The agency shall require level 2 employment screening pursuant to chapter 435 for direct service providers who are unrelated to their clients, including support coordinators, and managers and supervisors of residential facilities or comprehensive transitional education programs licensed under 1s. 393.067 and any other person, including volunteers, who provide care or services, who have access to a client's living areas, or who have access to a client's funds or personal property. Background screening shall include employment history checks as provided in s. 435.03(1) and local criminal records checks through local law enforcement agencies.
(a) A volunteer who assists on an intermittent basis for less than 40 hours per month does not have to be screened if the volunteer is under the direct and constant supervision of persons who meet the screening requirements of this section.
(b) Licensed physicians, nurses, or other professionals licensed and regulated by the Department of Health are not subject to background screening pursuant to this section if they are providing a service that is within their scope of licensed practice.
(c) A person selected by the family or the individual with developmental disabilities and paid by the family or the individual to provide supports or services is not required to have a background screening under this section.
(d) Persons residing with the direct services provider, including family members, are subject to background screening; however, such persons who are 12 to 18 years of age shall be screened for delinquency records only.
(2) EXEMPTIONS FROM DISQUALIFICATION.--The agency may grant exemptions from disqualification from working with children or adults with developmental disabilities as provided in s. 435.07.
(3) PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints and the state criminal records checks shall be borne by the employer or by the employee or individual who is being screened.
(4) EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY; HEARINGS PROVIDED.--
(a) The agency shall deny, suspend, terminate, or revoke a license, certification, rate agreement, purchase order, or contract, or pursue other remedies provided in s. 393.0673, s. 393.0675, or s. 393.0678 in addition to or in lieu of denial, suspension, termination, or revocation for failure to comply with this section.
(b) When the agency has reasonable cause to believe that grounds for denial or termination of employment exist, it shall notify, in writing, the employer and the direct service provider affected, stating the specific record which indicates noncompliance with the standards in this section.
(c) The procedures established for hearing under chapter 120 shall be available to the employer and the direct service provider in order to present evidence relating either to the accuracy of the basis of exclusion or to the denial of an exemption from disqualification.
(d) Refusal on the part of an employer to dismiss a direct service provider who has been found to be in noncompliance with standards of this section shall result in automatic denial, termination, or revocation of the license, certification, rate agreement, purchase order, or contract, in addition to any other remedies pursued by the agency.
History.--s. 5, ch. 85-54; s. 6, ch. 87-238; s. 2, ch. 90-225; s. 25, ch. 90-347; s. 6, ch. 91-33; s. 21, ch. 91-57; s. 88, ch. 91-221; s. 10, ch. 93-156; s. 18, ch. 94-134; s. 18, ch. 94-135; s. 7, ch. 94-154; s. 1047, ch. 95-148; s. 14, ch. 95-152; s. 12, ch. 95-158; s. 35, ch. 95-228; s. 123, ch. 95-418; s. 7, ch. 96-268; s. 206, ch. 96-406; s. 73, ch. 2004-267.
1Note.--Substituted by the editors for a reference to s. 393.967, which does not exist. Section 393.067 relates to licensure of comprehensive transitional educational programs.