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2010 Florida Statutes

Screening of direct service providers.
F.S. 430.0402

Screening of direct service providers.


Level 2 background screening pursuant to chapter 435 is required for direct service providers. Background screening includes employment history checks as provided in s. 435.03(1) and local criminal records checks through local law enforcement agencies.


For purposes of this section, the term “direct service provider” means 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.


Licensed physicians, nurses, or other professionals licensed by the Department of Health are not subject to background screening if they are providing a service that is within the scope of their licensed practice.


Refusal on the part of an employer to dismiss a manager, supervisor, or direct service provider who has been found to be in noncompliance with standards of this section shall result in the automatic denial, termination, or revocation of the license or certification, rate agreement, purchase order, or contract, in addition to any other remedies authorized by law.


The background screening conducted pursuant to this section must ensure that, in addition to the disqualifying offenses listed in s. 435.04, no person subject to the provisions of this section has an arrest awaiting final disposition for, 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 any of the following provisions of state law or similar law of another jurisdiction:


Any authorizing statutes, if the offense was a felony.


Section 409.920, relating to Medicaid provider fraud.


Section 409.9201, relating to Medicaid fraud.


Section 817.034, relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems.


Section 817.234, relating to false and fraudulent insurance claims.


Section 817.505, relating to patient brokering.


Section 817.568, relating to criminal use of personal identification information.


Section 817.60, relating to obtaining a credit card through fraudulent means.


Section 817.61, relating to fraudulent use of credit cards, if the offense was a felony.


Section 831.01, relating to forgery.


Section 831.02, relating to uttering forged instruments.


Section 831.07, relating to forging bank bills, checks, drafts, or promissory notes.


Section 831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes.


s. 34, ch. 2010-114.


Section 58, ch. 2010-114, provides that “[t]he changes made by this act are intended to be prospective in nature. It is not intended that persons who are employed or licensed on the effective date of this act be rescreened until such time as they are otherwise required to be rescreened pursuant to law, at which time they must meet the requirements for screening as set forth in this act.”