Effective July 1, 2025, Florida is implementing a significant change to its healthcare licensure framework. A new law, enacted through Florida’s House Bill 975, dramatically expands the scope of required background screening for licensed healthcare practitioners. This is a major update that will affect a broad range of healthcare professionals and the organizations that employ them.
What’s Changing?
Previously, a Level 2 background screening (which includes a thorough fingerprint-based criminal history check) was required only for a select group of healthcare professions for initial licensure. The new law extends this mandate to nearly all healthcare professions licensed by the DOH’s Division of Medical Quality Assurance, specifically including: clinical laboratory personnel, clinical social workers, dentists and dental hygienists, dieticians, electrologists, genetic counselors, hearing aid specialists, marriage and family therapists, medical physicists, mental health counselors, midwives, naturopaths, nursing home administrators, occupational therapists, opticians, optometrists, pharmacists, physical therapists, psychologists, psychotherapists, respiratory therapists, and speech-language pathologists.
The law amends Section 456.0135, Florida Statutes, to require Level 2 background screenings for:
- Initial Licensure: As of July 1, 2025, any new applicant for a healthcare license must undergo a Level 2 background screening as a prerequisite for licensure.
- License Renewals: Practitioners who were licensed before July 1, 2025, must complete a Level 2 background screening at their first licensure renewal that occurs on or after this date.
Why This Matters: The High Stakes of Non-Compliance
1. The Direct Threat to a Provider’s Licensure
Under the updated Section 456.0135, Florida Statutes, compliance is now an explicit condition for both initial licensure and license renewal. If a practitioner fails to complete their Level 2 background screening on time, the Florida Department of Health is prohibited from renewing their license. An expired license immediately revokes the practitioner’s authority to practice in Florida. This could lead to:
- Abrupt Cessation of Practice: An inability to legally provide patient care and render services.
- Billing and Reimbursement Issues: A provider with an expired license cannot legally bill for services, creating significant financial disruption for both the practitioner and their employing facility.
- Professional Discipline: Practicing with an expired license constitutes a violation of state law and could lead to disciplinary action from the licensing board.
- Employment Consequences: An expired license may be considered a breach under a provider’s employment agreement and may be grounds for termination of the provider for cause.
2. A Broader Net of Disqualifying Offenses
The new law also expands the list of criminal offenses that can disqualify a person from holding a healthcare license (See Section 435.04, Florida Statutes). This is a crucial point for anyone with a past criminal record, even if it seems minor or was a long time ago. The Level 2 screening includes both state (FDLE) and national (FBI) databases, and the DOH will consider all arrests and offenses, regardless of whether adjudication was withheld.
The scope of disqualifying offenses now includes a wider range of crimes, particularly those related to:
- Abuse and Neglect: Offenses against the elderly, disabled adults, or children.
- Fraud: Financial crimes, especially those related to healthcare or public funds.
- Certain Felonies: A broader range of felony convictions can now serve as grounds for license denial or revocation.
Even if an offense occurred years ago, it will be flagged in the new, more comprehensive screening. Practitioners with any history should not assume they will be “cleared.” They must be prepared to address the past and, in some cases, seek a statutory exemption from disqualification. The process for obtaining an exemption is complex and requires clear and convincing evidence of rehabilitation.
3. Operational and Reputational Risks for Healthcare Organizations
For hospitals, clinics, and other healthcare facilities, this new law creates significant operational and compliance risks. Employers must ensure their workforce is properly licensed and credentialed. Failure to do so could lead to:
- Loss of Credentialing: A facility could lose its ability to credential or employ a key professional if that individual’s license is not in good standing.
- Increased Liability: A facility could face a claim of negligent credentialing if it continues to allow a practitioner with an expired license or a disqualifying criminal record to treat patients.
- Reputational Damage: The public’s trust is paramount in healthcare. Any disciplinary action against a practitioner can cause reputational harm not just to the practitioner but also to any organization they are affiliated with.
How to Prepare: Practical Steps for Compliance
To mitigate the risk of a licensing delay or loss of licensure, healthcare providers and practitioners should take immediate action.
- Check Your Licensure Renewal Date: Identify the exact date your license is set to expire. If the expiration falls on or after July 1, 2025, you must complete the background screening as part of your renewal process. The DOH recommends initiating the process at least ninety (90) to one hundred twenty (120) days prior to your renewal date to allow for processing time.
- Initiate the Background Screening Process: The screening requires electronic fingerprinting through an approved LiveScan service provider. Practitioners are responsible for the associated fees, which can vary. It is crucial to have the correct Originating Agency Identification (ORI) number and to track your submission.
- Prepare for Fingerprint Retention: The new law also mandates that practitioner fingerprints be retained in the Care Provider Background Screening Clearinghouse, with a retention fee required every five years. Failure to pay this fee will necessitate a new Level 2 screening at a later date.
Conclusion
Florida’s new background screening law represents a significant step toward standardizing patient safety and professional accountability across the healthcare spectrum. While the intention is to protect the public, the burden of compliance falls squarely on practitioners and their employers.
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