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Florida’s Agency for Health Care Administration updated an Administrative Rule to create new requirements for screening healthcare workers.

Background Screening Requirements

Organizations in Florida that hire healthcare workers should be aware that the Agency for Health Care Administration (AHCA) updated their requirements regarding background screening for healthcare workers. The revision established new regulations and revised the state’s Background Screening Application for Exemption form.

The AHCA provides an Attestation of Compliance with Screening Requirements form. It asks potential employees to attest that they meet the requirements for employment and haven’t been “arrested for and found guilty of, regardless of adjudication, or entered a plea of nolo contendere, or guilty to any offense, or have an arrest awaiting a final disposition prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction.”

The form then lists various offenses that would disqualify an applicant from obtaining a healthcare position. People who complete the form may note that they have been granted an Exemption from Disqualification from the AHCA.

Exemption From Disqualification

To obtain an Exemption from Disqualification, individuals must have:

• Been lawfully released from confinement, supervision or other non-monetary conditions that were imposed by a court for any disqualifying misdemeanor offense for at least 2 years.
• Completed any court-ordered fee, lien, costs of prosecution, trust, restitution or associated costs that were part of the judgment and sentence for any disqualifying felony or misdemeanor.
• Been screened by the AHCA or Care Provider Background Screening Clearinghouse by an approved live scan vendor within six months from the date a request was received by the agency.
• No sexual offenses on their record.

As part of the application for exemption, the individual must also provide court dispositions, any documentation regarding efforts towards rehabilitation, 3-5 letters of reference and related documents. All requests will be reviewed by the proper authorities before any decision is finalized.

What Employers Should Know

Healthcare employers in Florida should be aware of these updates and know that failing to properly screen prospective employees could result in penalties and other adverse consequences.

Why This Change Occurred

Screening is important for every industry and particularly critical for people who might work with and around vulnerable populations. These reports show employers if a candidate has a criminal record that might indicate the person poses an undue risk to the business, staff or people they serve.

Comprehensive background checks help hiring managers make informed decisions and maintain safe workplaces. They are a crucial part of the due diligence process when organizations are bringing on employees, contractors or volunteers.

Need Employment Background Checks?

If you are in need of background checks for employment purposes, please contact us. Our highly experienced team can help you customize screening packages that suit your specific needs, meet industry standards and comply with laws that are in effect wherever you operate.

Based in Sacramento, our team is available to assist you Monday through Friday from 5am to 6pm PT. We look forward to hearing from you.