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Florida Department of Elderly Affairs Background Screening

Department of Elderly Affairs Background Screening Instruction for Area Agencies on Aging

On May 26, 2010, Governor Charlie Crist signed into law House Bill (HB) 7069, creating Chapter Number 2010-114, Laws of Florida. This legislation amends various sections of Florida Statues in regard to background screening. The purpose of this Notice of Instruction is to provide Area Agencies on Aging (AAAs) guidance for implementing the requirements of these changes. The bill increases Level 1 screening to Level 2 screening for persons working with vulnerable populations.


Below is a summary of HB 7069:


Employees of nursing homes, assisted living facilities, and adult family care homes are required to undergo a Level 2 background screening,
pursuant to s. 408.809(1)(e): “Any person, as required by authorizing statutes, seeking employment with a licensee or provider who is expected to, or whose responsibilities may require him or her to, provide personal care or services directly to clients or have access to client funds,
personal property, or living areas; and any person, as required by authorizing statutes, contracting with a licensee or provider whose responsibilities require him or her to provide personal care or personal services directly to clients. Evidence of contractor screening may be retained by the contractor’s employer or the licensee.”
No person required to be screened may begin work until the screening has been completed.
Section 39, amends s. 435.05, F.S. to delete existing authority that allows employees to work pending the outcome of their background screening. Section 40, amends s. 435.06, F.S. to provide that “an employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of

 

– An employer must remove an employee from contact with any vulnerable person if the employer becomes aware that the employee has been arrested for a disqualifying offense (section 39, s. 435.06, F.S.). All fingerprints must be submitted electronically by August 1, 2012, or sooner (s. 435.04, F.S.).


– Agencies are authorized to contract with vendor(s) to perform the fingerprinting, but those contracts must ensure the owners and personnel of the vendor(s) are qualified and will ensure the integrity and security of all personal information. Additional disqualifying offenses added to statute (s. 435.04, F.S.):


– Chapter 784, F.S., relating to assault, battery, and culpable negligence, if the offense was a felony (therefore, the bill strikes existing specific references to crimes in this chapter)
– Section 787.025, F.S, relating to luring or enticing a child
– Section 794.05, F.S., relating to unlawful sexual activity with certain minors
– Section 810.02, F.S., relating to burglary (presently, felony burglary is a disqualifying offense for those being screening under DJJ)
– Section 810.14, F.S., relating to voyeurism, if the offense is a felony
– Section 810.145, F.S., relating to video voyeurism, if the offense is a felony
– Section 944.40, F.S., relating to escape (presently, escape is a disqualifying offense for those being screening under DJJ)
– Any crime that constitutes domestic violence An exemption from disqualification may not be granted for a disqualifying felony until at least three years after the applicant has completed or been lawfully released from confinement, supervision, or sanction for the disqualifying felony (s. 435.07, F.S.). Only the head of an agency may grant an exemption from disqualification (s. 435.07, F.S.). The agency may consider as part of its deliberations of the employee’s rehabilitation subsequent arrests and convictions, even if that subsequent crime is not a disqualifying offense (s. 435.07, F.S.).

 

– The standard of review by the administrative law judge of the agency’s decision as to rehabilitation is whether the agency’s intended action is an abuse of discretion (s. 435.07, F.S.).

 

– An exemption may not be granted from disqualification from employment for any person who has been designated as a sexual predator pursuant to s. 775.21, F.S., is a career offender pursuant to s. 775.261, F.S., or is a sexual offender pursuant to s. 943.0435, F.S. However, an exemption may be granted to a sexual offender who has the requirement to register as a sexual offender removed pursuant to s. 943.04354, F.S. (s. 435.07, F.S.).

 

– Agencies are authorized to request the retention of fingerprints by FDLE (s. 943.05, F.S.) and to collect and pay any fee related to the retention of fingerprints (s. 935.08, F.S.).

 

-Chapter 430 is amended to require Level 2 background screening for direct service providers (s. 430.0402, F.S.).
—- Direct service providers are defined as “a person 18 years of age or older who, pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client while providing services to the client or has access to the client’s living areas or to the client’s funds or personal property. The term includes coordinators, managers, and supervisors of residential facilities and volunteers.”

 

– All changes to the law are meant to be prospective in nature. Persons are not required to be re-screened who are employed or licensed on the effective date of the bill until the time they are otherwise required to be re-screened pursuant to law.

 

Please consult your legal staff as it pertains to this bill, your staff, and current provider contracts. Since the bill is effective August 1, 2010, it is necessary for each AAA to ensure any necessary language is incorporated in all provider contracts beginning July 1, 2010. If you have questions, please contact your regional contract manager.

 

Please download all important Background Screening forms required by DOEA from links at below:

 

Download: Background Screening Appointment Form for Direct Service Providers

Download: Background Screening Appointment Form for Long-Term Care Ombudsman Volunteers

Download: Background Screening Appointment Form for the CDC+ Program within DOEA

Download: Background Screening Appointment Form for DOEA Employees and Volunteers, SHINE Program

Download: DOEA Affidavit of Good Moral Character

Download: DOEA Affidavit of Compliance for Subcontractors on Background Screening

Download: DOEA Providers Attestation Form

 

In order to get fingerprinted as part of DOEA requirement for Area Agencies on Aging Background Screening  please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check so DOEA  gets the results of screening in as less as 72 hours. The cost of screening is $60. 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.

 

Sincerely,

IDENTICO LLC.

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AHCA Background Screening APD Background Screening Department of Health Background Screening Florida Department of Elderly Affairs Background Screening

Florida Department of Elder Affairs Background Screening Requirements Emergency Ruling

DEPARTMENT OF ELDER AFFAIRS


Emergency Rule No.: RULE TITLE 58ER10-2: Background Screening Requirements.

 

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

 

The Florida Legislature passed Chapter 2010-114, Laws of Florida (L.O.F.), during the 2010 legislative session. This new law requires that effective August 1, 2010, all individuals seeking employment or volunteerism, which will require direct contact with individuals receiving services under the jurisdiction of the DOEA, must undergo a Level 2 background screening prior to employment or volunteerism. The Department is publishing this emergency rule to protect the health, safety and welfare of its recipients, thus eliminating the threat of immediate danger by reducing the potential for physical, mental or sexual abuse, or financial exploitation.

 

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule establishes criteria for complying with Level 2 background screening requirements pursuant to Chapter 2010-114, L.O.F., and more specifically, pursuant to Sections 430.0402 and 435.01(2), F.S., the later section which provides rulemaking authority to individual agencies affected by the new background screening requirements. In addition, Section 430.08, F.S., provides the DOEA with rulemaking authority to establish rules to implement the provisions of Chapter 430, F.S. The DOEA has been unable to complete the rulemaking process. Consequently, the DOEA finds it necessary to publish this emergency rule to continue to protect the health, safety and welfare of recipients while continuing with the rulemaking process.

 

SUMMARY: This emergency rule establishes criteria and procedures for complying with the new requirement of a Level 2 background screening for all potential employees, who will have direct contact with Department recipients, prior to employment or volunteerism.

 

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000; telephone (850) 414-2113; Email address: crochethj@elderaffairs.org.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:
58ER10-2 Background Screening Requirements.
(1) DEFINITIONS.
In addition to the term “direct service provider,” as defined in Section 430.0402(1)(b), F.S., the following definitions are included in this rule:


(a) “AHCA” means the Florida Agency for Health Care Administration.
(b) “APD” means the Florida Agency for Persons with Disabilities.
(c) “CDC+” means the Consumer Directed Care Plus Program as described in Section 409.221, F.S.
(d) “Disqualifying Offense” means any criminal offense prohibited in Section 430.0402 or 435.04, F.S.
(e) “DOEA” or “Department” means the Florida Department of Elder Affairs.
(f) “DOH” means the Florida Department of Health.
(g) “FBI” means the Federal Bureau of Investigation.
(h) “FDLE” means the Florida Department of Law Enforcement.
(i) “Level 1 Screening” means an assessment of employment history checks, statewide criminal correspondence checks, local criminal history checks and a check of the Dru Sjodin National Sex Offender Public Website coordinated through FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 430.0402 or 435.04, F.S.


1
(j) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search coordinated through FDLE and the FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 430.0402 or 435.04, F.S.
(k) “Livescan” means both the technique and the technology used by law enforcement agencies and private facilities to capture fingerprints and palm prints electronically, without the need for the more traditional method of ink and paper.


(2) BACKGROUND SCREENING REQUIREMENTS.
Pursuant to Section 430.0402(1)(a), F.S., Level 2 background screening consistent with the requirements of Chapter 435, F.S., is required for all direct service providers as defined in Section 430.0402(1)(b), F.S.


(3) IMPLEMENTATION AND RETENTION.
Pursuant to Section 430.0402, F.S., beginning August 1, 2010, the following is required:
(a) All newly-hired direct service providers shall be required to undergo a Level 2 background screening pursuant to Chapter 435 as a condition of employment or volunteerism and continued employment or volunteerism. Such screening shall ensure that a direct service provider has not been arrested awaiting final disposition of, has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under Sections 430.0402, 435.03 or 435.04, F.S., or a similar law of another jurisdiction.


(b) Employers of direct service providers, who have not been previously screened according to the screening standards of Chapter 435, F.S., must ensure that at least twenty percent (20%) of the available population of such individuals are screened pursuant to the Level 2 screening standards of Chapter 435, F.S., within 120 calendar days of August 1, 2010, and an additional twenty percent (20%) every 90 calendar days thereafter, until all direct service providers have successfully satisfied the screening standards of Section 430.0402, F.S., and Chapter 435, F.S., or have applied for and received an exemption pursuant to Section 435.07, F.S. Employers with fewer than 5 direct service providers must ensure that all such direct service providers are screened within the initial 120 calendar day window after August 1, 2010.


(c) Employers of direct service providers are responsible for ensuring applicant fingerprints are retained by FDLE in the Applicant Fingerprint Retention and Notification Program, whereby notification is automatically sent to the Department’s Background Screening Coordinator, according to the procedures specified in Section 943.05, F.S., in the event of a direct service provider’s subsequent arrest.


(d) Employers of direct service providers, who previously qualified for employment or volunteer work under Level 1 screening standards, and individuals required to be screened according to the Level 2 screening standards contained in Chapter 435, F.S., and Section 430.0402, F.S., shall be required to be rescreened every 5 years from the date of their last background screening or exemption, unless such individual’s fingerprints are continuously retained and monitored by FDLE in the Applicant Fingerprint Retention and Notification Program, according to the procedures specified in Section 943.05, F.S.


(4) EXCEPTIONS.
The following are exceptions to the background screening requirements specified in this rule:
(a) Physicians, nurses, or other professionals licensed by DOH are not subject to the background screening requirements of Chapter 435, F.S, if they are providing a service that is within the scope of their licensed practice.
(b) Individuals qualified for employment by AHCA pursuant to that Agency’s background screening standards for licensure or employment contained in Section 408.809, F.S., are not subject to subsequent or additional Level 2 background screening pursuant to Chapter 435, F.S., or the unique screening requirements of Section 430.0402, F.S., by virtue of their employment as a direct service provider, if they are providing a service that is within the scope of their licensed practice.


(c) Individuals qualified for employment by APD pursuant to that Agency’s background screening standards contained in Section 393.0655, F.S., are not subject to subsequent or additional Level 2 background screening pursuant to Chapter 435, F.S., or the unique screening requirements of Section 430.0402, F.S., by virtue of their employment as a direct service provider as defined in Section 393.063(11), F.S.


(d) Back-up providers, who render services to consumers enrolled in the CDC+ program, are considered to be the same as full-time providers, as defined in Section 409.221(c)5., F.S. Consequently, they are not considered to be unemployed for more than 90 days pursuant to Section 409.221(4)(h)2.(i), F.S., if they have not been called to render back-up services for a period exceeding 90 days.


(5) ELECTRONIC SUBMISSION OF FINGERPRINTS.
Beginning August 1, 2010, fingerprints submitted pursuant to Chapter 435, F.S., must be submitted electronically to FDLE, pursuant to paragraph (3)(c) of this rule.


(6) BACKGROUND SCREENERS.
One of the entities listed in the subsections below may be utilized for Level 2 background screening as long as the entity verifies in writing to the employer that all background screeners performing electronic fingerprinting meet the requirements of Section 435.04(1)(c), F.S., and have been subject to, and passed, a Level 1 background screening under the standards set forth in Chapter 435, F.S.


(a) Any screening company listed on the FDLE website as authorized to perform Level 2 LiveScan background screenings. The website address is: http://www.fdle.state.fl.us/Content/getdoc/04833e12-3fc6-4c03-9993-379244e0da50/livescan.aspx.
(b) Any local law enforcement capable of performing Level 2 Livescan background screenings, provided the equipment and electronic fingerprint data submission have been evaluated by FDLE to verify compliance with both FDLE and FBI regulations and standards.


(7) SHARING OF SCREENING RESULTS.
The information that a particular direct service provider has successfully passed a Level 2 background screening may be shared among DOEA programs and providers. In addition, passage of a Level 2 background screening for one program or provider shall constitute passage for all programs and providers. However, the use of a Level 2 background screening by a subsequent program or provider shall not affect the applicable date for rescreening pursuant to paragraph (3)(d) of this rule, if any. No information other than the fact that the applicant passed Level 2 screening may be shared.


Rulemaking Authority 430.08, 435.01(2) FS. Law Implemented 430.0402, 435.01, 435.02, 435.03, 435.04, 435.06, 435.07 FS. History–New_11-1-10, Supersedes 58ER10-1.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: November 1, 2010

 

In order to get fingerprinted as part of DOEA requirement for Direct Service Providers’ Background Screening  please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check so DOEA  gets the results of screening in as less as 72 hours. The cost of screening is $62. 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.

 

Sincerely,

IDENTICO LLC.