On Florida’s Department of Health’s website it states that background screening for employment purposes may be required for the Registered Nurse (RN), License Practical Nurse (LPN) or Certified Nursing Assistant (CNA) depending on their place of employment. It is the responsibility of the employer to meet this requirement. When this screening is required, it is pursuant to Florida Statute 435.
Exemption
The RN, LPN or CNA may apply for an exemption hearing/review. This is a request for the Department of Health to review the applicant’s total background to determine if an exemption can be granted. The RN, LPN or CNA must provide information about his criminal history, employment history, rehabilitation, reference letters, probation notices, and whatever else may be pertinent.
Posted on the Florida Agency for Health Care Administration website was the following information.
A person is not eligible to apply for an Exemption from Disqualification until:
o He/she has been lawfully released from confinement, probation or other sanction for a disqualifying misdemeanor criminal offense;
o At least 3 years after he/she has been lawfully released from confinement, probation or other sanction for a disqualifying felony criminal offense.
o Persons designated as sexual predators, sexual offenders or career offenders are not eligible for an Exemption from Disqualification.
- been found guilty of, regardless of adjudication, or entered a plea of guilty or nolo contendre to any of the criminal offenses listed in sections 435.03(2) , 435.04(2), and 408.809 Florida Statutes.
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