Categories
AHCA Background Screening

“Who is required to be screened” per AHCA (Agency for Healthcare Administration)

Changes in the law, passed during the 2010 legislative session (Chapter Law 2010-114), significantly modifies the background screening and hiring process for many service providers regulated by a variety of state agencies including health care providers licensed by the Agency for Health Care Administration (Agency) under Chapter 408, Part II, Florida Statutes (F.S.)

 

According to section 943.0525, F.S., the Criminal Justice Information Program will not allow Level II screenings unless there is statutory authority to do so. The following persons are required to undergo Level II screening in accordance with section 408.809, F.S.:

 

  • Licensee if the licensee is an individual [Reference 408.809(1)(a)]

 

  • Administrator or a similarly titled person who is responsible for the day-to-day operation of the provider. For example in a clinical laboratory, the Laboratory Director is the person designated with the day-to-day responsibilities of operation. [Reference 408.809(1)(b)]

 

  • Financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider. [Reference 408.809(1)(c)]

 

  • Controlling interests – may be required to be screened if the agency has reason to believe the person has been convicted of a disqualifying offense.  [Reference 408.809(1)(d)].  A controlling interest is defined as the applicant or licensee; a person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; or a person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to manage the provider.  The term does not include a voluntary board member.

 

  • Employees that are expected to provide direct care or services or have access to client property, funds or living areas. [Reference 408.809 (1)(e)]

 

  • Contractors expected to provide personal care or personal services directly to clients. Evidence of contractor screening may be retained by the contractor’s employer or the licensees (provider). [408.809 (1)(e)]

 

  • Other persons required under the authorizing statutes to be screening including the medical director and all health care practitioners for a licensed health care clinic (see chart for details).

 

  • Volunteers for a mental health provider licensed under chapter 394, F.S. which includes Crisis Stabilization Units, Residential Treatment Facilities, and Residential Treatment Centers for Children and Adolescents, must undergo Level 2 screening unless they work less than 10 hours/month and are within the line of sight of an employee that has successfully completed a Level 2. [Reference: 394.4572]

 

  • Volunteers for a hospice provider are considered employees of the hospice in accordance with Rule 58A-2.002(6) and therefore must undergo Level 2 screening if they will provide personal care or services directly to clients or have access to client funds, personal property or living areas.

 

  • Students – Section 394.4572(1), Florida Statutes regarding screening of mental health personnel states that all program directors, professional clinicians, staff members, and volunteers working in public or private mental health programs and facilities who have direct contact with individuals held for examination or admitted for mental health treatment must undergo Level 2 screening in accordance with section 435.04 and section 408.809, F.S. with the exception of students who are interning in a mental health facility licensed under chapter 395, where the primary purpose of the facility is not the treatment of minors. These individuals are exempt from the screening requirements if they are under direct supervision in the actual physical presence of a licensed health care professional.

     

     

    The Agency for Health Care Administration does not have statutory authority to screen students interning with a health care provider other than in the situation described above.

  • Children under Age 18 – The law does not change based on the age of the employee/contractor. If a child under 18 years of age meets the definition of one of the positions above he/she must undergo the same screening as a person over age 18.
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Who is Required to be Screened

 

Facility/Service Type Owner / Administrator Financial Officer Employees and Contractors Providing Personal Care/ Services Employees that have access to client property, funds or living areas
Abortion Clinics 

 

 

 

Ambulatory Surgery Centers

Birth Centers

Clinical Laboratories

Performing Non-waived Testing (including physician performed microscopic tests)

Drug Free Workplace

Multiphasic Health Testing Centers

Organ Procurement Organizations, Tissue Banks, Eye Banks

Level 2 Level 2 n/a n/a
Adult Day Care Centers 

 

 

 

Adult Family Care Homes

Assisted Living Facilities

Health Care Service Pools

Home Health Agencies

Homemaker/Sitter/Companion

Home Medical Equipment Providers

Homes for Special Services

Hospice

Intermediate Care Facilities for the Developmentally Disabled

**

Nurse Registries

Nursing Homes

Prescribed Pediatric Extended Care

Transitional Living Facilities

Level 2 Level 2 (excluding Adult Family Care Homes) Level 2 Level 2 

 

 

 

(Volunteers working in a Hospice are considered employees and are required to undergo Level 2 screening)

Community Mental Health 

 

 

 

Crisis Stabilization Units **

Residential Treatment Centers for Children and Adolescents

**

Residential Treatment Facilities **

Short Term Residential Treatment Facilities **

Level 2 

 

 

 

(excludes Community Mental Health)

Level 2 

 

 

 

(excludes Community Mental Health)

Level 2 Level 2 

 

 

 

(includes volunteers unless they work less than 10 hours/month as long as the volunteer is within the line of sight of an employee that has successfully completed a Level 2.)

Health Care Clinics Level 2 

 

 

 

(includes owners with 5% or more interest in the clinic)

Level 2 Level 2 Level 2
Hospitals Level 2 Level 2 Level 2 (only applies to staff working within mental health or psychiatric centers)
Risk Managers Level 2 ** ** **
** These providers may request screenings to be reviewed through the Agency for Health Care Administration

 

 

 

 

OR the Department of Children and Families

Categories
Criminal Justice Program Students Background Screening

Fingerprinting for Criminal Justice Program Students in Florida

The Level 2 Background Screening and digital fingerprinting is required as part of students application for admission into criminal justice training school program approved by the Florida Criminal Justice Standards and Training Commission.

 

Florida students attending 4-year accredited colleges and universities offering the Correctional Probation Training Program and all other criminal justice sciences or administration courses must comply with background screening procedures as set in F.S. 943.14(7)

 

943.14(7) Commission-certified criminal justice training schools; certificates and diplomas; exemptions; injunctive relief; fines.—

 

(7) Each criminal justice training school that offers law enforcement, correctional, or correctional probation officer basic recruit training, or selection center that provides applicant screening for criminal justice training schools, shall conduct a criminal history background check of an applicant prior to entrance into the basic recruit class. A complete set of fingerprints must be taken by an authorized criminal justice agency or by an employee of the criminal justice training school or selection center who is trained to take fingerprints. If the employing agency has previously taken a set of fingerprints from the applicant and has obtained a criminal history check of the applicant using the fingerprints, the requirements of this subsection shall be met when the employing agency submits to the criminal justice training school or selection center a letter stating the date on which the agency took the fingerprints of the applicant, a summary of the criminal history check based on the fingerprints, and a certification that the applicant is qualified to enroll in the basic recruit training program pursuant to s. 943.13. If the criminal justice training school or selection center takes the fingerprints, it shall submit the fingerprints to the Florida Department of Law Enforcement for a statewide criminal history check, and forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check. Applicants found through fingerprint processing to have pled guilty to or been convicted of a crime which would render the applicant unable to meet the minimum qualifications for employment as an officer as specified in s. 943.13(4) shall be removed from the pool of qualified candidates by the criminal justice training school or selection center.

 

F.S. 943.13 (4) Officers’ minimum qualifications for employment or appointment.

—On or after October 1, 1984, any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer or correctional officer; on or after October 1, 1986, any person employed as a full-time, part-time, or auxiliary correctional probation officer; and on or after October 1, 1986, any person employed as a full-time, part-time, or auxiliary correctional officer by a private entity under contract to the Department of Corrections, to a county commission, or to the Department of Management Services shall Not have been convicted of any felony or of a misdemeanor involving perjury or a false statement, or have received a dishonorable discharge from any of the Armed Forces of the United States. Any person who, after July 1, 1981, pleads guilty or nolo contendere to or is found guilty of any felony or of a misdemeanor involving perjury or a false statement is not eligible for employment or appointment as an officer, notwithstanding suspension of sentence or withholding of adjudication. Notwithstanding this subsection, any person who has pled nolo contendere to a misdemeanor involving a false statement, prior to December 1, 1985, and has had such record sealed or expunged shall not be deemed ineligible for employment or appointment as an officer.

 

The Criminal Justice Program Students Screening licensing is regulated by Florida Criminal Justice Standards and Training Commission . In order to get fingerprinted as part of your admission application please contact your local law enforcement agency or IDENTICO LLC today. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line. Live Scan fingerprinting services and submission for Level 2 Background Check are available if permitted by you college or university.

 

Sincerely,

IDENTICO LLC.