August 23, 2019
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The Florida Statutes

The 2009 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 408
HEALTH CARE ADMINISTRATION
View Entire Chapter
Section 408.809, Florida Statutes 2009

408.809  Background screening; prohibited offenses.--

(1)  Level 2 background screening pursuant to chapter 435 must be conducted through the agency on each of the following persons, who shall be considered an employee for the purposes of conducting screening under chapter 435:

(a)  The licensee, if an individual.

(b)  The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider.

(c)  The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider.

(d)  Any person who is a controlling interest if the agency has reason to believe that such person has been convicted of any offense prohibited by s. 435.04. For each controlling interest who has been convicted of any such offense, the licensee shall submit to the agency a description and explanation of the conviction at the time of license application.

(2)  Proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any provider or professional licensure requirements of the agency, the Department of Health, the Agency for Persons with Disabilities, or the Department of Children and Family Services satisfies the requirements of this section, provided that such proof is accompanied, under penalty of perjury, by an affidavit of compliance with the provisions of chapter 435 using forms provided by the agency. Proof of compliance with the background screening requirements of the Department of Financial Services submitted within the previous 5 years for an applicant for a certificate of authority to operate a continuing care retirement community under chapter 651 satisfies the Department of Law Enforcement and Federal Bureau of Investigation portions of a level 2 background check.

(3)  A provisional license may be granted to an applicant when each individual required by this section to undergo background screening has met the standards for the Department of Law Enforcement background check but the agency has not yet received background screening results from the Federal Bureau of Investigation. A standard license may be granted to the licensee upon the agency's receipt of a report of the results of the Federal Bureau of Investigation background screening for each individual required by this section to undergo background screening that confirms that all standards have been met or upon the granting of an exemption from disqualification by the agency as set forth in chapter 435.

(4)  When a person is newly employed in a capacity that requires screening under this section, the licensee must notify the agency of the change within the time period specified in the authorizing statute or rules and must submit to the agency information necessary to conduct level 2 screening or provide evidence of compliance with background screening requirements of this section. The person may serve in his or her capacity pending the agency's receipt of the report from the Federal Bureau of Investigation if he or she has met the standards for the Department of Law Enforcement background check. However, the person may not continue to serve in his or her capacity if the report indicates any violation of background screening standards unless an exemption from disqualification has been granted by the agency as set forth in chapter 435.

(5)  Effective October 1, 2009, in addition to the offenses listed in ss. 435.03 and 435.04, all persons required to undergo background screening pursuant to this part or authorizing statutes must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any of the following offenses or any similar offense of another jurisdiction:

(a)  Any authorizing statutes, if the offense was a felony.

(b)  This chapter, if the offense was a felony.

(c)  Section 409.920, relating to Medicaid provider fraud, if the offense was a felony.

(d)  Section 409.9201, relating to Medicaid fraud, if the offense was a felony.

(e)  Section 741.28, relating to domestic violence.

(f)  Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

(g)  Section 810.02, relating to burglary.

(h)  Section 817.034, relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems.

(i)  Section 817.234, relating to false and fraudulent insurance claims.

(j)  Section 817.505, relating to patient brokering.

(k)  Section 817.568, relating to criminal use of personal identification information.

(l)  Section 817.60, relating to obtaining a credit card through fraudulent means.

(m)  Section 817.61, relating to fraudulent use of credit cards, if the offense was a felony.

(n)  Section 831.01, relating to forgery.

(o)  Section 831.02, relating to uttering forged instruments.

(p)  Section 831.07, relating to forging bank bills, checks, drafts, or promissory notes.

(q)  Section 831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes.

(r)  Section 831.30, relating to fraud in obtaining medicinal drugs.

(s)  Section 831.31, relating to the sale, manufacture, delivery, or possession with the intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony.

A person who serves as a controlling interest of or is employed by a licensee on September 30, 2009, is not required by law to submit to rescreening if that licensee has in its possession written evidence that the person has been screened and qualified according to the standards specified in s. 435.03 or s. 435.04. However, if such person has a disqualifying offense listed in this section, he or she may apply for an exemption from the appropriate licensing agency before September 30, 2009, and if agreed to by the employer, may continue to perform his or her duties until the licensing agency renders a decision on the application for exemption for offenses listed in this section. Exemptions from disqualification may be granted pursuant to s. 435.07.

(6)  The attestations required under ss. 435.04(5) and 435.05(3) must be submitted at the time of license renewal, notwithstanding the provisions of ss. 435.04(5) and 435.05(3) which require annual submission of an affidavit of compliance with background screening requirements.

History.--s. 5, ch. 2006-192; s. 50, ch. 2009-223.

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