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.
Who must apply for an exemption?
Any individual employed or seeking employment with a health care provider licensed by the Agency for Health Care Administration that has been notified by the employer that they have:
- 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.
The health care providers that may require you to have an exemption in order to work are:
| Adult Day Care Center |
Health Care Services Pool |
Nurse Registry |
| Adult Family Care Home |
Home Health Agency |
Nursing Homes |
| Assisted Living Facility |
Home Medical Equipment |
Prescribed Pediatric Extended Care |
| Community Mental Health |
Homemaker/Companion Service |
Residential Treatment Facility/Center |
| Crisis Stabilization Unit |
Hospice |
|
| Health Care Clinic |
ICF/DD |
If you are a Florida RN, LPN or CNA or a Florida nursing student with licensing issues,
Soreide Law Group, PLLC, represents nurses in disciplinary hearings in front of the Florida Department of Nursing. If you need to speak to a lawyer regarding your nursing license please call: (
888) 760-6552, or visit our website at
www.floridaprofessionallicense.com.