Exemption from Disqualification

Who must apply for an exemption?

Any individual employed or seeking employment within a facility licensed under Chaper 400, Florida Statues, i.e., Nursing Homes, Assisted Living Facilities, Home Health Agencies, Adult Day Care Centers, Hospices, Adult Family Care Homes, Prescribed Pediatric Extended Care Centers, Intermediate and Transitional Care Facilities, and Nurse Registries, 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 Section 435.03(2) and 435.04(2), Florida Statutes.

Who is eligible for an exemption?

First, to be eligible for an exemption, an individual must not have been adjudicated with a disqualifying felony offense within the past 3 years.

Secondly, the individual must demonstrate by clear and convincing evidence that they will not present a danger if employed within the healthcare field. Individuals seeking an exemption have the burden of setting forth sufficient evidence of rehabilitation, including but not limited to:

• the circumstances surrounding the criminal incident for which an exemption is sought;
• the time period that has elapsed since the incident;
• the nature of the harm caused to the victim;
• a history of the employee since the incident; and
• any other evidence or circumstances indicating that the individual is leading a positive lifestyle.

How to apply for an exemption.

An "Application for Request for Exemption" must be completed and returned along with the required documents noted on the Checklist included in the application packet.

DOWNLOAD APPLICATION FOR EXEMPTION [139 KB PDF]

Be sure to include all the required documents or a statement as to why a document is not included with the application. AN INCOMPLETE APPLICATION WILL RESULT IN A DELAY IN THE PROCESSING AND FINAL DECISION OF THE CASE.

How Long Does the Process Take?

Within 30 days of receipt of an application, a response will be issued by mail. Generally, there are four types of responses: an incomplete notice, a hearing notice, a grant or a denied.

Incomplete Notice - is sent when more information is necessary to make a final determination. The applicant has 30 days from receipt of the notice to provide the additional information or the case will be closed with no response. If the requested information is unavailable, a written statement indicating such needs to be provided. If obtaining the information will take longer than 30 days, contact the appropriate individual/agency handling the case to request an extension.

Hearing Notice - is issued when circumstances of the case require a personal interview to assist in making a determination. The initial hearing is generally held by telephone and is an informal process in which a committee will ask the applicant specific questions regarding their criminal/abuse history, work history, and reasons for wanting to work within the healthcare field.

Upon completion of the hearing, a decision is made by the committee to either grant or deny the exemption. The applicant is then notified by mail regarding the committee's decision.

Grant Letter - is issued when there is clear and convincing evidence that the individual does not pose a danger to the patients/residents if employment is allowed. The issuance of a grant letter removes the barrier of disqualification allowing the individual to be considered for employment. The applicant is encouraged to retain a copy of the grant letter since each potential employer will require a copy.

Denial Letter - is issued when the applicant has been adjudicated with a disqualifying felony offense within the past three years or has not provided compelling proof as to their good moral character thus placing the safety of the patients/residents at risk. Under the provisions of Chapter 120, Florida Statutes, the applicant may appeal the agency's decision. The applicant has 21 days from receipt of the denial letter to request an appeal.

NOTE: The granting of an exemption by any State Department does not change the results of the screening or clear the criminal history. The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s).


Where to send the application.

Currently, the Agency for Healthcare Administration has jurisdiction over:

• facility owners, administrators and chief financial officers;
• personnel that are unlicensed and/or uncertified

	Background Screening Unit Agency for Healthcare Administration 2727 Mahan Drive MS #40 Tallahassee, FL 32308 (850) 410-3400

All CNA's with state certification must receive an exemption through the Department of Health, CNA Registry. Exemption applications can be mailed to:

	Certified Nursing Assistant Registry Department of Health 4052 Bald Cypress Way, #C13 Tallahassee, FL 32399 (850) 245-4567

All RN's and LPN's employed or seeking employment within a healthcare facility may send the exemption application to:

	Board of Nursing Department of Health 4052 Bald Cypress Way Bin C-02 Tallahassee, FL 32399-3252 (850) 245-4125