Senate Bill sb0694

    Florida Senate - 2004                                   SB 694

    By Senator Saunders





    37-755-04

  1                      A bill to be entitled

  2         An act relating to certified nursing

  3         assistants; amending s. 464.203, F.S.; revising

  4         the requirements for conducting the criminal

  5         background screening required for certification

  6         as a nursing assistant; providing for the

  7         screening conducted for purposes of

  8         certification to be used for purposes of

  9         employment under certain circumstances;

10         providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (1) of section 464.203, Florida

15  Statutes, is amended, and subsection (8) is added to that

16  section, to read:

17         464.203  Certified nursing assistants; certification

18  requirement.--

19         (1)  The board shall issue a certificate to practice as

20  a certified nursing assistant to any person who demonstrates a

21  minimum competency to read and write; and successfully passes

22  the required statewide criminal screening through the

23  Department of Law Enforcement, including the Level 1 standards

24  under chapter 435, or, if the applicant has not maintained

25  continuous residency in this state for 5 years immediately

26  preceding the date of application, the Level 2 screening

27  standards, which include a fingerprint check through the

28  Department of Law Enforcement and the Federal Bureau of

29  Investigation under chapter 435; Level I or Level II screening

30  pursuant to s. 400.215 and meets one of the following

31  requirements:

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    Florida Senate - 2004                                   SB 694
    37-755-04




 1         (a)  Has successfully completed an approved training

 2  program and achieved a minimum score, established by rule of

 3  the board, on the nursing assistant competency examination,

 4  which consists of a written portion and skills-demonstration

 5  portion approved by the board and administered at a site and

 6  by personnel approved by the department.

 7         (b)  Has achieved a minimum score, established by rule

 8  of the board, on the nursing assistant competency examination,

 9  which consists of a written portion and skills-demonstration

10  portion, approved by the board and administered at a site and

11  by personnel approved by the department and:

12         1.  Has a high school diploma, or its equivalent; or

13         2.  Is at least 18 years of age.

14         (c)  Is currently certified in another state; is listed

15  on that state's certified nursing assistant registry; and has

16  not been found to have committed abuse, neglect, or

17  exploitation in that state.

18         (d)  Has completed the curriculum developed under the

19  Enterprise Florida Jobs and Education Partnership Grant and

20  achieved a minimum score, established by rule of the board, on

21  the nursing assistant competency examination, which consists

22  of a written portion and skills-demonstration portion,

23  approved by the board and administered at a site and by

24  personnel approved by the department.

25         (8)  Notwithstanding any law to the contrary, an entity

26  that is required to conduct a Level 1 or Level 2 screening

27  pursuant to chapter 435 is exempt from rescreening a certified

28  nursing assistant upon employment if the screening date on the

29  certificate issued to the certified nursing assistant by the

30  board is within the preceding 90 days, and, under penalty of

31  perjury, the certified nursing assistant attests that he or

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    Florida Senate - 2004                                   SB 694
    37-755-04




 1  she has not been convicted of a disqualifying offense since

 2  completing the screening.

 3         Section 2.  This act shall take effect upon becoming a

 4  law.

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 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides that the criminal background screening required
      for certification of a nursing assistant may be used for
 9    purposes of employment if the screening is conducted
      within the 90 days before employment.
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CODING: Words stricken are deletions; words underlined are additions.