Florida Statutes
Chapter 456 - Health Professions and Occupations: General Provisions
456.0135 - General Background Screening Provisions.


(1) An application for initial licensure received on or after January 1, 2013, under chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, s. 465.022, part XIII of chapter 468, or chapter 480 shall include fingerprints pursuant to procedures established by the department through a vendor approved by the Department of Law Enforcement and fees imposed for the initial screening and retention of fingerprints. Fingerprints must be submitted electronically to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national processing. Each board, or the department if there is no board, shall screen the results to determine if an applicant meets licensure requirements. For any subsequent renewal of the applicant’s license that requires a national criminal history check, the department shall request the Department of Law Enforcement to forward the retained fingerprints of the applicant to the Federal Bureau of Investigation unless the fingerprints are enrolled in the national retained print arrest notification program.
(2) All fingerprints submitted to the Department of Law Enforcement as required under subsection (1) shall be retained by the Department of Law Enforcement as provided under s. 943.05(2)(g) and (h) and (3) and enrolled in the national retained print arrest notification program at the Federal Bureau of Investigation when the Department of Law Enforcement begins participation in the program. The department shall notify the Department of Law Enforcement regarding any person whose fingerprints have been retained but who is no longer licensed.
(3) The costs of fingerprint processing, including the cost for retaining fingerprints, shall be borne by the applicant subject to the background screening.
(4) All fingerprints received under this section shall be entered into the Care Provider Background Screening Clearinghouse as provided in s. 435.12.
(5) In addition to the offenses listed in s. 435.04, all persons required to undergo background screening under this section, other than those licensed under s. 465.022, must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for an offense under s. 784.03 or any similar offense of another jurisdiction relating to battery, if the victim is a vulnerable adult as defined in s. 415.102 or a patient or resident of a facility licensed under chapter 395, chapter 400, or chapter 429.
History.—s. 13, ch. 2012-73; s. 1, ch. 2014-139; s. 13, ch. 2015-116; s. 54, ch. 2020-133.

Structure Florida Statutes

Florida Statutes

Title XXXII - Regulation of Professions and Occupations

Chapter 456 - Health Professions and Occupations: General Provisions

456.001 - Definitions.

456.002 - Applicability.

456.003 - Legislative Intent; Requirements.

456.004 - Department; Powers and Duties.

456.005 - Long-Range Policy Planning.

456.006 - Contacting Boards Through Department.

456.007 - Board Members.

456.008 - Accountability and Liability of Board Members.

456.009 - Legal and Investigative Services.

456.011 - Boards; Organization; Meetings; Compensation and Travel Expenses.

456.012 - Board Rules; Final Agency Action; Challenges.

456.013 - Department; General Licensing Provisions.

456.0135 - General Background Screening Provisions.

456.014 - Public Inspection of Information Required From Applicants; Exceptions; Examination Hearing.

456.015 - Limited Licenses.

456.016 - Use of Professional Testing Services.

456.017 - Examinations.

456.018 - Penalty for Theft or Reproduction of an Examination.

456.019 - Restriction on Requirement of Citizenship.

456.021 - Qualification of Immigrants for Examination to Practice a Licensed Profession or Occupation.

456.022 - Foreign-Trained Professionals; Special Examination and License Provisions.

456.023 - Exemption for Certain Out-of-State or Foreign Professionals; Limited Practice Permitted.

456.024 - Members of Armed Forces in Good Standing With Administrative Boards or the Department; Spouses; Licensure.

456.0241 - Temporary Certificate for Active Duty Military Health Care Practitioners.

456.025 - Fees; Receipts; Disposition.

456.026 - Annual Report Concerning Finances, Administrative Complaints, Disciplinary Actions, and Recommendations.

456.027 - Education; Accreditation.

456.028 - Consultation With Postsecondary Education Boards Prior to Adoption of Changes to Training Requirements.

456.029 - Education; Substituting Demonstration of Competency for Clock-Hour Requirements.

456.0301 - Requirement for Instruction on Controlled Substance Prescribing.

456.031 - Requirement for Instruction on Domestic Violence.

456.032 - Hepatitis B or HIV Carriers.

456.033 - Requirement for Instruction for Certain Licensees on HIV and Aids.

456.0341 - Requirements for Instruction on Human Trafficking.

456.035 - Address of Record.

456.036 - Licenses; Active and Inactive Status; Delinquency.

456.0361 - Compliance With Continuing Education Requirements.

456.037 - Business Establishments; Requirements for Active Status Licenses; Delinquency; Discipline; Applicability.

456.038 - Renewal and Cancellation Notices.

456.039 - Designated Health Care Professionals; Information Required for Licensure.

456.0391 - Advanced Practice Registered Nurses; Information Required for Licensure.

456.0392 - Prescription Labeling.

456.041 - Practitioner Profile; Creation.

456.042 - Practitioner Profiles; Update.

456.043 - Practitioner Profiles; Data Storage.

456.044 - Practitioner Profiles; Rules; Workshops.

456.045 - Practitioner Profiles; Maintenance of Superseded Information.

456.046 - Practitioner Profiles; Confidentiality.

456.048 - Financial Responsibility Requirements for Certain Health Care Practitioners.

456.049 - Health Care Practitioners; Reports on Professional Liability Claims and Actions.

456.0495 - Reporting Adverse Incidents Occurring in Planned Out-of-Hospital Births.

456.0496 - Provision of Information on Eye and Vision Disorders to Parents During Planned Out-of-Hospital Births.

456.051 - Reports of Professional Liability Actions; Bankruptcies; Department of Health’s Responsibility to Provide.

456.052 - Disclosure of Financial Interest by Production.

456.053 - Financial Arrangements Between Referring Health Care Providers and Providers of Health Care Services.

456.054 - Kickbacks Prohibited.

456.055 - Chiropractic and Podiatric Health Care; Denial of Payment; Limitation.

456.056 - Treatment of Medicare Beneficiaries; Refusal, Emergencies, Consulting Physicians.

456.057 - Ownership and Control of Patient Records; Report or Copies of Records to Be Furnished; Disclosure of Information.

456.0575 - Duty to Notify Patients.

456.058 - Disposition of Records of Deceased Practitioners or Practitioners Relocating or Terminating Practice.

456.059 - Communications Confidential; Exceptions.

456.061 - Practitioner Disclosure of Confidential Information; Immunity From Civil or Criminal Liability.

456.062 - Advertisement by a Health Care Practitioner of Free or Discounted Services; Required Statement.

456.063 - Sexual Misconduct; Disqualification for License, Certificate, or Registration.

456.0635 - Health Care Fraud; Disqualification for License, Certificate, or Registration.

456.065 - Unlicensed Practice of a Health Care Profession; Intent; Cease and Desist Notice; Penalties; Enforcement; Citations; Fees; Allocation and Disposition of Moneys Collected.

456.066 - Prosecution of Criminal Violations.

456.067 - Penalty for Giving False Information.

456.068 - Toll-Free Telephone Number for Reporting of Complaints.

456.069 - Authority to Inspect.

456.071 - Power to Administer Oaths, Take Depositions, and Issue Subpoenas.

456.072 - Grounds for Discipline; Penalties; Enforcement.

456.073 - Disciplinary Proceedings.

456.074 - Certain Health Care Practitioners; Immediate Suspension of License.

456.075 - Criminal Proceedings Against Licensees; Appearances by Department Representatives.

456.076 - Impaired Practitioner Programs.

456.077 - Authority to Issue Citations.

456.078 - Mediation.

456.079 - Disciplinary Guidelines.

456.081 - Publication of Information.

456.082 - Disclosure of Confidential Information.

456.36 - Health Care Professionals; Exemption From Disqualification From Employment or Contracting.

456.38 - Practitioner Registry for Disasters and Emergencies.

456.41 - Complementary or Alternative Health Care Treatments.

456.42 - Written Prescriptions for Medicinal Drugs.

456.43 - Electronic Prescribing for Medicinal Drugs.

456.44 - Controlled Substance Prescribing.

456.47 - Use of Telehealth to Provide Services.

456.50 - Repeated Medical Malpractice.

456.51 - Consent for Pelvic Examinations.