Background Screening: Exemption Applications with AHCA and DOH

When and why would you be in your right to apply for an exception to work to apply for a background screening exemption as a medically licensed professional in the State of Florida?

If you have a criminal record and are concerned about your background screening’s impact on your ability to work in the field of health care in Florida, there is a background screening exemption process by which you can seek help to get an exemption to allow you to work.

The exemption is known as an “exemption from disqualification.” And while it’s not a simple process, there is hope if you can document what happened, provide official documentation, and demonstrate certain things to either the Department of Health (DOH) or Agency for Health Care Administration (AHCA).

Background Screening Exemption Applications

Our firm has extensive experience with Background Screening Exemption Applications. Clients retain our services to:

• Assist with the application process
• Argue the case for an exemption before an AHCA hearing panel or credentials committees of their DOH professional board
• Prove the entitlement to an exemption with supporting documentation in the application that delivers “clear and convincing evidence”
• Submit written information relevant to the legal requirements for obtaining an exemption

What Does Florida Law Require?

Florida law governs this process and certain criteria must be met in order to prove your right to an exemption. Florida criteria include:

1. The facts and circumstances surrounding the offense(s)
2. The nature of the harm to the victim;
3. Whether the person is on probation or parole;
4. The length of time since the last offense;
5. The history of the person since the disqualifying offense;
6. Work experience
7. Personal references
8. Performance evaluations
9. Probation or parole violations
10. Education
11. Other evidence of rehabilitation
12. Honesty and candor

It should also be pointed out that there are picky rules within each agency, DOH, and AHCA, which govern the granting of an exemption.  We work to organized the information and prepare an application that meets each agency’s requirements.

We recommend that before submitting any background screening exemption application to either of these agencies you make sure that:

• You have a complete copy of your arrest record or criminal charge.
• You have a complete copy of the Final Order or judgment sentencing you for the crime.
• You have written documentation showing that the sentence was completed and that there are no more fines or probation to be served.
• Letters of recommendations from employers, ministers, and community leaders can be helpful, however, the agencies do not base their decision solely on such.

Background Screening Legal Help

We represent individuals who have criminal charges in their background and are seeking professional help with preparation of the AHCA or DOH Exemption from Disqualification Application, representation at board meetings and hearings, and appeals of denials.

Need Legal Help? Let’s Talk

Contact the law offices of Howell, Buchan & Strong, Attorneys at Law for your free consultation at any one of our locations:

Orlando (407) 717-1773 |Tallahassee (850) 877-7776 | Tampa (813) 833-6726 | Sarasota (941) 779-4348