Categories
Live Scan Fingerprinting in Florida (General)

Electronic Fingerprinting Frequently Asked Questions

Applicants for Florida State Agencies Level 2 Background Check Clearance can use any Livescan vendor that has been approved by the Florida Department of Law Enforcement to submit their fingerprints to the department. Please ensure that the Originating Agency Identification (ORI) number is provided to the vendor when you submit your fingerprints. If you do not provide an ORI number or if you provide an incorrect ORI number to the vendor, the requesting regulatory agency will not receive your fingerprint results. The applicants are fully responsible for selecting the vendor, and IDENTICO– FDLE approved live scan vendor can assist you with determination that submission of the fingerprints is made to the proper state agency.

 

1. How do I find a Livescan vendor in order to submit my fingerprints to the department?
If you are reading this post, you already found one. IDENTICO is FDLE approved livescan vendor, but for the list of livescan vendors near you please visit

 

http://www.fdle.state.fl.us/Content/getdoc/941d4e90-131a-45ef-8af3-3c9d4efefd8e/Livescan-Service-Providers-and-Device-Vendors.aspx#Service_Providers.

 

2.What information must I provide to the Livescan vendor I choose?
a) If you are an applicant seeking a level 2 clearance with AHCA, DCF, DOEA or applying for license for any profession regulated by the Department of Business and Professional Regulation, which requires a criminal background search as a condition of licensure, you must provide accurate demographic information at the time your fingerprints are taken, including your Social Security number. AHCA, DCF, DBPR and most other state agencies will not be able to process the submission that does not include your Social Security number (except for DBPR Liquor & Tobacco license applicants that are not citizens of the United States).
b) Please make sure that you clearly identify the profession or Agency whose clearance or license you are seeking and submit your fingerprints payment to the live scan vendor. Any inaccurate information that you provide could cause a delay in processing your request.
c) You must provide the correct ORI number

 

3. Where do I get the ORI number to submit to the vendor?
Requesting state agency shall provide you with ORI# number, but in most cases we in IDENTICO have the correct ORI# numbers for the required submission.
FDLE will only retain the criminal results from applicants for a period of six months from the date the fingerprints were rolled. Applicants for DBPR should submit their applications soon after submitting their fingerprints in order to afford themselves an opportunity to resolve any application deficiencies prior to the expiration of the criminal history results.

 

4. How does the electronic fingerprinting process actually work?
In the traditional method of fingerprinting, ink is applied to each of your fingers which are then “rolled” across a fingerprint card to obtain your prints. With electronic fingerprinting also known as live scan fingerprinting, there is no ink or card. Your fingerprints are “rolled” across a glass plate and scanned. It is faster and cleaner than the traditional method. Electronic fingerprinting reduces the likelihood of illegible fingerprints and will reduce the overall application processing time.

 

5. How long will it take to have my fingerprints scanned?
It should only take approximately 5-10 minutes.

 

6. How much does electronic fingerprinting cost?
The total fee charged by each vendor varies. Please contact IDENTICO to obtain this information or visit

https://myidentico.com/fbi-screening.html

for the price list. The fingerprint results are usually received by the requesting state agency in two to four days after your fingerprints are scanned.

 

7. What do I need to bring with me to the Florida electronic fingerprinting site?
All applicants will be required to bring two (2) forms of identification to the electronic fingerprinting site on the day of fingerprinting. One of the two types of identification must bear your picture and signature such as a driver’s license, state identification card or passport.

 

8. I submitted my fingerprint through an FDLE approved vendor, but I have now received a deficiency letter regarding my fingerprints or my employer did not receive any results of my screening? What should I do?

As of the date of the mailing of the deficiency letter, your electronic fingerprinting results have not been transmitted to requesting agency or were submitted with information not matching you application with employer or information on file at licensing agency. Don’t take a chance and don’t use the questionable vendors. Contact few vendors with your questions and see whether customer service is knowledgeable, speaks your language, and can guarantee the timely and correct submission. IDENTICO should be the vendor of your choice, feel free to ask for our referrals, credentials or experience. Call us today (954) 239-8590 or visit our official page at www.myidentico.com

 

9. What should I do if I am notified by regulatory state agency that the Florida Department of Law Enforcement or the Federal Bureau of Investigation determined my electronic fingerprints were illegible?
The electronic fingerprint scanning machines are equipped to determine if your fingerprints scanned successfully; however, if it is determined by the Federal Bureau of Investigation that your prints were not legible, regulatory state agency will send you a notification letter asking you to go back to the same vendor that did your initial prints and schedule a re-roll of your prints. You will be required to bring the notification letter with you as information such as the TCN (Transaction Control Number) and TCR (Transaction Control Reference) must be identified and used at the time of the reroll. There  re-roll of your fingerprints is free at IDENTICO when you provide the TCR# number.

 

10. How long are my fingerprints valid for?
Each Florida agency retain the results of prints for a various time frame. The clearance with AHCA, DCF or APD is valid for 5 years, and re-screening is required every 5 years. DBPR will retain the results of the prints for 24 months (12 months for Real Estate/Real Estate Appraisers) from the date your digital fingerprints were electronically received by the Florida Department of Law Enforcement. FDLE retains the prints for 180 days only. If your prints have expired at the time your application is submitted to the licensing agency, you will be required to submit new prints again.

 

11. Can I use my recent prints to apply for another professional license?
Your prints cannot be shared between professions or with other agencies. You are required to have separate prints for each license you are applying for.

 

Categories
Live Scan Fingerprinting in Florida (General)

Number of changes to background screening requirements (Senate Bill CS/SB 1992, Vetoed by Governor on 06/23/2011)

Attention: The changes on Senate Bill CS/SB 1992 submitted by Children, Families, and Elder Affairs on 03/10/11 were vetoed by Governor on 06/23/2011. This law is not effective, and the summary of proposed but failed to be accepted changes are posted for your personal consideration.

 

THE FLORIDA SENATE
Committee on Children, Families, and Elder Affairs

The bill makes a number of changes to background screening requirements, primarily pertaining to individuals who work with Florida’s vulnerable populations. Those changes include:

 

  • Exempting from fingerprinting and screening requirements, mental health personnel working in a facility licensed under ch. 395, F.S., who work on an intermittent basis for less than 15 hours a week of direct, face-to-face contact with patients, except that individuals working in a mental health facility where the primary purpose is the mental health treatment of minors must be fingerprinted and meet screening requirements;
  • Revising the list of professionals to include law enforcement officers so that officers are not required to be refingerprinted or rescreened if they are working or volunteering in a capacity that would otherwise require them to be screened;
  • Exempting, from the definition of “direct service provider;” individuals who are related to the client, the client’s spouse, and volunteers who assist on an intermittent basis for less than 20 hours of direct, face-to-face contact with a client per month;
  • Exempting, from any additional Level 2 background screening requirements, an individual who was background screened pursuant to an Agency for Health Care Administration (AHCA) licensure requirement if they are providing a service within the scope of their licensed practice;
  • Allowing the Department of Elderly Affairs (DOEA) to adopt rules to implement a schedule to phase in the background screening of individuals serving as direct service providers on July 31, 2010. The phase in must be completed by July 1, 2012;
  • Specifying that employers of direct service providers 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, shall be rescreened every five years, except in cases where fingerprints are electronically retained and monitored by the Department of Law Enforcement (FDLE);
  • Removing a provision relating to criminal offenses that was inadvertently applied to theDOEA;
  • Requiring fingerprint vendors to meet certain technology requirements;
  • Establishing a July 1, 2013, date for retention of prints for persons screened under ch. 435, F.S.;
  • Allowing an employer to hire an employee for the purpose of training and orientation before the employee completes the screening process.  The employee may not have direct contact with vulnerable persons until the screening process is complete;
  • Providing personnel of a qualified entity, as defined in ch. 943, F.S., with the ability toapply for an exemption from disqualification from being employed;
  • Establishing a rescreening schedule for individuals required by the AHCA to be screened;
  • Requiring the Board of Nursing to waive background screening requirements for certain certified nursing assistants; and
  • Requiring the Department of Children and Family Services, the Department of Juvenile Justice, the AHCA, the DOEA, the Department of Health, the Agency for Persons with Disabilities, and the Department of Law Enforcement to establish a statewide background screening workgroup, providing duties of the workgroup, and requiring a report to the Legislature by November 1, 2011.

 

If approved by the Governor, these provisions would have take effect on July 1, 2011. (Never Happened)

For a full text of the failed to pass bill CS/SB 1992, please visit http://www.flsenate.gov/Session/Bill/2011/1992/BillText/er/PDF.

With any inquiries regarding level 2 background screening or live scan fingerprinting in South Florida, please contact IDENTICO LLC (FDLE approved live scan vendor) today. You may call us at (954) 239-8590 or (888) 988-8969. For more information please visit our official webpage www.myidentico.com or visit our location at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021

 

Sincrely,

The team of IDENTICO LLC.

Categories
APD Background Screening CDC+ Program Background Screening Florida Department of Elderly Affairs Background Screening

Florida Department of Elder Affairs CDC+ Program, Background Screening and Live Scan Fingerprinting

Consumer Directed Care Plus (CDC+) is a Medicaid program in Florida that gives the consumer the opportunity to hire workers and vendors to help with daily needs such as housecleaning, cooking and getting dressed. Even  family members or friends maybe be consumers’ paid workers.The CDC+ program is operated by the Florida Department of Elder Affairs with the Department of Health and the Department of Children and Families as partners.

 

Currently, Florida has one of the largest vulnerable populations in the country with over 17% of the state’s citizens over the age of 65, and many children and disabled adults and— DOEA provides some form of services to approximately 62,400 individuals age 60 and over. Enormous amount of cases when Florida senior and disabled adults have been beaten, neglected, and robbed by caregivers with criminal records pushed legislators to pass the Bill HB 7069  which became effective on August 1, 2010.  And here are the changes in DOEA’s policies as the reflection of bill’s enactment:

 

 

•HB 7069 rewrote requirements for background screening of persons and businesses that deal primarily with vulnerable populations.

•HB 7069 increased all level I screenings to Level II for persons working with vulnerable populations such as the elderly, disabled adults and those with brain and spinal cord injuries.

•HB 7069 requires all Level II fingerprints to be submitted electronically by August 1, 2012.  However, DOEA is being proactive and is meeting this requirement  effective  August 1, 2010.

•Another thing HB 7069 did was add a number of serious crimes to the list of disqualifying offenses.  In other words, persons committing serious crimes that were previously not considered disqualifying offenses, now will be unable to be a CDC+ employee or a representative if they’ve committed a number of additional disqualifying offenses.

 

•Requires all fingerprints to be submitted electronically by August 1, 2012 for Level 2 Background Screening both with FDLE and FBI

 

•HB 7069 authorized agencies to request retention of fingerprints by FDLE.

 

•Each agency will review  and approve/deny their own exemption requests – this means that DOEA, DCF, AHCA, and DOH will be responsible for Level II screening, and if applicable, exemption reviews, for CDC+ clients served through their respective agencies

 

•—Level II Fingerprint-based search of FDLE and FBI databases for STATE and NATIONAL criminal arrest records becomes a standard.Level II screens offer a greater level of protection for the vulnerable people.

 

•Applicants will take fingerprints through the use of “livescan” device that digitally takes their fingerprints – so there is no ink used as with regular fingerprinting.  The prints are then securely submitted to FDLE and then forwarded to the FBI for a NATIONAL check. The results from both the FDLE and FBI are sent to the agency within 2 or 3 days.

 

—•FDLE maintains a list of authorized Livescan service providers on their Web site

 

—•DOEA – Application for Exemption. In order for an applicant to be eligible to apply for an exemption they must meet the eligibility requirements which are:

 

-For disqualifying felonies, at least three years must have passed since release from confinement, supervision, or sanction prior to applying for the exemption.

-For juvenile delinquency offenses that would be felonies if committed by an adult, for which the record has not been sealed or expunged, at least three years must have passed since release from confinement, supervision, or sanction.

-For offenses that were felonies when committed but are now misdemeanors, you must have been released from confinement, supervision, or sanction prior .

-For disqualifying misdemeanors, you must have been released from confinement, supervision, or sanction.

 

—•DOEA Background Screen Exemption Review Committee meets and reviews all applications for  exemption from disqualification

-The Exemption Review Committee will be comprised of 2 CDC+ staff members and an attorney from the DOEA General Counsel’s office.

 

-The committee will review the initial report prepared by the Background Screen Coordinator.

-The committee may have a telephone conference with the applicant if they have questions or require additional information

-The committee will vote on the application and a unanimous recommendation will be prepared for the DOEA Secretary, the Secretary will either approve the application or deny it.  The Secretary’s decision is final.

 

For readers convenience we are posting the CDC+ program background screening and exemptions forms for download:

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

Download: DOEA Affidavit of Good Moral Character

Download: DOEA Providers Attestation Form

Download:

CDC+ Application for Exemption from Disqualification Page 1

CDC+ Application for Exemption from Disqualification Page 2

CDC+ Application for Exemption from Disqualification Page 3

CDC+ Application for Exemption from Disqualification Page 4

CDC+ Application for Exemption from Disqualification Page 5

 

In order to get fingerprinted as part of DOEA’s CDC Plus program requirement please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we electronically 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 or toll free (888) 988-8969.

 

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,

The team of IDENTICO LLC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Categories
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.

Categories
AHCA Background Screening APD Background Screening DCF Background Screening Department of Health Background Screening Live Scan Fingerprinting in Florida (General) VECHS Program

Federal Statutes Authorizing Criminal Background Checks for Nursing Facility Job Applicants and Employees

There are approximately 15 federal laws that permit criminal background checks for civil (i.e., employment and licensing) purposes. Fingerprinting, either through electronic “live scans” or paper and ink “hard cards,” is required for all federal criminal background checks conducted for employment and licensing purposes.

 

Three of these laws permit nursing facilities to seek criminal background checks on employees and job applicants. Two of the three laws, as amended, authorize nursing facilities to seek FBI criminal background information regardless of whether the state where the facility is located has enacted its own law to permit access to state criminal background records. The third law authorizes nursing facilities to seek federal criminal background checks if the state where the facility is located has enacted a law to authorize access to state criminal background information.

 

Current procedures under all three federal laws require nursing facilities to channel requests for FBI criminal background information through a designated state agency.

 

Summaries of each law’s major provisions, advantages and limitations follow.

 

I. Public Law 105-277
Section 124 of Pub. L. 105-277, enacted in 1998, enables nursing facilities (“NFs”) and home health care agencies (“HHAs”) to request fingerprint-based national criminal history checks by the FBI for employees or job applicants for positions involving direct patient care. The NF or HHA seeking the background check must contact the designated state agency to obtain fingerprint cards and then must send the completed cards along with additional information from the applicant back to the state agency for processing. The state agency then will check its own criminal history record information (CHRI) and will forward the fingerprint cards to the FBI for a check of the FBI records. If any CHRI is found by the state, FBI, or both, the designated state agency will forward it to the NF or HHA for its use in making an employment determination for the applicant.

 

Pub. L. 105-277 does not require states to enact implementing legislation before NFs and HHAs can request federal criminal background checks of employees or job applicants. This is intended to give all NFs and HHAs nationwide the ability to seek access to the CHRI retained by the FBI. The statute does not specify that a law enforcement agency must take the individual’s fingerprints, therefore it may be permissible for a private company to perform the actual fingerprinting.

 

II. National Child Protection Act of 1993
The National Child Protection Act of 1993, 42 U.S.C. § 5119a, was amended by the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322 § 320928, to allow for federal criminal background checks of individuals who work for, own, or operate a business that provides care to the elderly or individuals with disabilities, as well as those who are responsible for the safety and well-being of children. This statute was amended again in 1998 by the Volunteers for Children Act, Pub. L. 105-251 § 222, to allow for federal criminal background checks even when the state does not have an authorizing statute or regulations.

 

Under this law, “qualified entities” (as designated by the state) may request federal criminal background checks of a “provider” pursuant to specified guidelines. If a state has a statute or regulations that require qualified entities to request such federal background checks, the state procedures must be followed in addition to the federal guidelines. A “qualified entity” is defined as a business or organization, whether public, private, for-profit, not-for-profit, or voluntary that provides (or licenses or certifies others to provide) care or care placement services to children, the elderly, or individuals with disabilities. A “provider” is defined as any person who: is an employee, an applicant for employment, or a volunteer for a qualified entity; is an owner or operator of a qualified entity; or has or may have unsupervised access to a child to whom the qualified entity provides child care. Thus, under this statute, federal criminal background checks may be obtained for owners, operators, employees, volunteers, and job applicants of entities that provide health care services to children, the elderly or disabled. It should be noted that as long as the entity is “qualified,” all of its employees and volunteers are amenable to backgrounding.

Therefore, the scope of employees and/or job applicants for whom criminal background checks can be sought is broader than under Pub. L. 105-277. Under both statutes, the health care employer submits the applicant’s fingerprints and identification information to the designated state agency for processing. However, the NCPA, as amended, requires that the state agency make the determination of the applicant’s fitness for the job, not the employer. Both statutes allow for federal criminal background checks in the absence of state implementing legislation.

 

III. Public Law 92-544
Passed by Congress in 1972, Pub. L. 92-544 is an appropriations statute that provides funding to the FBI for acquiring, collecting, classifying, preserving, and exchanging identification records with duly authorized officials of the federal government, the states,cities, and other institutions. Under this federal law, health care employers have the ability to obtain federal criminal background checks of employees and job applicants, under certain conditions. First, there must be a state law authorizing health care employers to request such background checks from state and local government officials. Second, the authorizing state statute must be approved by the Attorney General of the United States.

 

Regulations implementing this law give the Director of the FBI the power and authority of the Attorney General to approve and conduct exchanges of identification records with officials of state and local governments for employment and licensing purposes if authorized by a state statute that has met the approval of the Attorney General. See 28 C.F.R. § 0.85(j). Pub. L. 92-544 and its implementing regulation do not provide guidelines for obtaining federal criminal background checks. Presumably, such guidelines or procedures would be established under the enabling (or other) state statute.

 

The FBI, consistent with several legal opinions from the U.S. Department of Justice, has established the mandatory elements of a state statute enacted under the auspices of Pub. L. 92-544. The state statute must:

 

(1) Exist as a result of a legislative enactment;
(2) Require that the criminal background check be fingerprint-based;
(3) Authorize the submission of fingerprints to the State Identification Bureau for forwarding to the FBI for a national criminal history check;
(4) Identify the categories of licensees amenable to backgrounding; and
(5) Provide that an authorized government agency be the recipient of the results of the record check.

 

Pub. L. 92-544 does not allow federal criminal records to be shared directly with health care employers. Like the NCPA, as amended, Pub. L. 92-544 requires that the state agency make the determination of the applicant’s fitness for the job, not the employer.

 

Public Law 105-277

 

The steps for conducting a background check include:
(1) The NF or HHA contacts the state Control Terminal Officer (“CTO”) and/or State Identification Bureau (“SIB”) to request fingerprint cards (which bear a state-of-origin number for tracking purposes);
(2) The NF or HHA gives the fingerprint cards to the applicant;
(3) The applicant goes to the local police department or sheriff’s office to get fingerprinted, which involves:
(a) Providing his/her name, address, and date of birth as they appear on a government document (e.g., a driver’s license);
(b) Certifying that he/she has not been convicted of a crime and is not under indictment for a crime, or describing the crime and facts involved; and
(c) Having his/her fingerprints “rolled” onto the fingerprint cards;
(4) The applicant returns the fingerprint cards and supporting information to the NF or HHA;
(5) The NF or HHA sends the fingerprint cards, supporting information, and FBI fee (currently $24) to the state agency (e.g., CFO, SIB) or other agency designated by the Attorney General no more than 7 business days after the fingerprints were taken;
(6) The FBI conducts a check of its criminal history records (which include records of serious state offenses) and provides the results of the search to the submitting state agency;
(7) The state agency receives the federal results from the FBI and forwards them with the state results to the NF or HHA; and
(8) The NF or HHA makes the determination whether the applicant has a criminal record which would adversely affect the employment decision. In other words, the facility does not get a yes/no answer on whether to hire the individual. The statute provides immunity to the NF or HHA for making this determination based on incomplete or inaccurate information.
*Note: the local law enforcement agency and state agency may charge separate fees. Although the statute is silent as to additional fees, the FBI has concluded that such fingerprinting and processing fees are not limited by federal law.

 

National Child Protection Act of 1993

 

The steps for conducting a background check include:
(1) The NF or HHA must seek and obtain from the appropriate state agency “qualified entity” status under 42 U.S.C. § 5119(a)(1).
(2) The qualified entity obtains from the provider (i.e., employee or applicant):
(1) Fingerprints (presumably taken at a local law enforcement agency or by a private company);
(a) A signed statement to the qualified entity that:
(1) Contains the name, address, and date of birth of the provider as it appears on a valid I.D.;
(i) The provider has not been convicted and is not under pending indictment for a crime, or a description of the crime and conviction must be given;
(ii) Notifies the provider that the qualified entity may request a background check;
(iii) Notifies the provider of the provider’s rights to: obtain a copy of any background check report, challenge the accuracy and completeness of any information contained in any report, and obtain a prompt decision on that challenge before a final determination is made by the state agency; and
(iv) Notifies the provider that before the background check is complete, the qualified entity may restrict the provider’s access to a person to whom the qualified entity provides care;
(3) The qualified entity submits the background check request, provider’s finger-prints and supporting documentation to the state agency designated to report, receive, or disseminate background check information (an “authorized agency”);
(4) The authorized agency will review state records and also transmit the fingerprints to the FBI for a national check (which will be returned to the state). The state will make a reasonable effort to provide a consolidated response to the request within 15 days;
(5) The authorized agency makes a determination whether the provider has been convicted of, or is under indictment for, a crime that bears upon the provider’s fitness to be responsible for the safety and well-being of children, the elderly, or individuals with disabilities, and conveys that determination to the qualified entity. The qualified entity then notifies the provider of the determination.

 

 

We have elected to post this information for your consideration, just to outline that Florida House Bill 7069 effective August 1,2010 regarding Level 2 background screening standards for AHCA, DCF, APD, DOH and DOEA was just a one step above made by Florida legislators to match Public Law 92-544. The primary reason is to increase the quality and security level of services provided to our elderly, minor, disabled and vulnerable population.

 

If the Nursing or Health Care facility where you work or manage is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO LLC today, for in office or mobile live scan fingerprinting appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check and regulatory state agency will get the results of screening in as less as 72 hours.

 

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.