Florida’s New Background Screening Requirement: What Health Care Practitioners Need to Know and What to Do If You Have a Disqualifying Criminal History
By: Nailah Morris
Beginning July 1, 2025, Florida will implement a new background screening requirement that affects many health care practitioners regulated by the Florida Department of Health (DOH), Division of Medical Quality Assurance. This change was enacted through House Bill 975 and makes fingerprint-based criminal background screening part of the licensure process. For practitioners, this means background screening is no longer limited to certain employment settings. It is now integrated into the process of applying for an initial license and renewing an existing license for covered professions. Practitioners who do not complete the required screening will not be able to complete the licensure or renewal process until the screening requirement is satisfied. It is important to understand what this requirement involves, how it may affect your license, and what options may be available if your criminal history raises concerns during the screening process.
Who is affected by the new screening requirement
The new requirement applies to most health care practitioners licensed through the Department of Health’s Medical Quality Assurance division. This includes many licensed clinical professions regulated by DOH boards and councils. However, the requirement does not apply to every credential issued by the Department of Health. Certain credential types, such as some technician registrations and emergency medical services certifications, may be subject to different statutory screening requirements or exceptions. Practitioners should review the specific requirements applicable to their profession through the Department of Health.
When screening is required
Under the new law, background screening is required at key licensing stages. First, individuals applying for an initial license must complete fingerprint-based background screening as part of the application process. Second, individuals renewing an existing license must also complete background screening in connection with their license renewal, in accordance with the procedures established by the Department of Health.
The Department of Health has indicated that licensees should begin the screening process early in their renewal window to allow sufficient time for processing.
How the screening process works
The screening process involves submitting fingerprints through an approved vendor. The fingerprints are then reviewed through state and federal criminal history databases. The results are provided to the Department of Health, which evaluates the information in accordance with Florida law and the applicable practice act governing the profession. If no criminal history issues are identified that affect eligibility, the licensure or renewal process continues. If criminal history information is identified, additional review may occur to determine whether the applicant meets the statutory and regulatory requirements for licensure.
What happens if criminal history is identified
If a background screening reveals criminal history, the Department of Health will review the information in accordance with applicable statutes and professional licensing requirements. This review may include an evaluation of whether the offense affects eligibility under Florida law and whether additional documentation is required. Depending on the circumstances, the Department of Health or the applicable licensing board may request further information, conduct additional review, or take action consistent with statutory authority. It is important to understand that not all criminal offenses automatically prevent licensure. Each situation is evaluated based on the governing statutes and professional licensing standards.
Exemption from disqualification for employment in screened settings
Florida law provides a process called an exemption from disqualification for individuals who have certain disqualifying criminal offenses and seek to work in health care settings that require background screening under Florida’s health care background screening laws. This exemption process is administered by the Department of Health for individuals seeking employment in positions subject to health care background screening requirements. An exemption from disqualification, if granted, allows an individual to be eligible for employment in positions that require background screening under those laws. The exemption process involves submitting an application and documentation demonstrating rehabilitation and compliance with applicable legal requirements. The Department of Health reviews exemption applications in accordance with Florida statutes. Practitioners should understand that the exemption process is separate from the professional licensure process itself. Licensure decisions are made under the statutes and rules governing each profession, and exemption eligibility may depend on the individual’s licensure status and the specific statutory provisions that apply.
Individuals who do not hold an active license and who require an exemption for employment in certain health care facilities may be required to apply through the appropriate agency designated under Florida law, depending on the employment setting.
Why preparation is important
Practitioners who know they have a criminal history should review the Department of Health’s requirements before applying for licensure or renewal. Background screening, criminal history review, and exemption applications, if applicable, require time for processing and review. Beginning the process early can help avoid delays in licensure or employment eligibility. Practitioners should ensure they follow Department of Health instructions carefully and provide accurate and complete information when required.
What this means for your professional license
The new background screening requirement does not change the Department of Health’s authority to regulate licensure. Rather, it adds a formal background screening step into the licensing and renewal process for covered professions. Practitioners who complete the screening and meet the statutory and regulatory requirements may proceed with licensure or renewal. Practitioners whose criminal history requires additional review should follow Department of Health guidance regarding documentation and eligibility.
Individuals who require an exemption from disqualification for employment in screened health care settings should follow the exemption application process established by the Department of Health or other appropriate agency, as applicable.
Final takeaway
Florida’s new background screening requirement makes criminal background screening a standard part of the licensing process for many health care practitioners. Practitioners should understand their screening obligations, begin the process early, and follow Department of Health procedures. If criminal history is identified, practitioners should review their options under Florida law and comply with the applicable licensure and exemption processes.
By understanding the requirements and preparing in advance, practitioners can navigate the process in accordance with Florida law and Department of Health regulations.
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It should be noted that I am not your lawyer (unless you have presently retained my services through a retainer agreement). This post is not intended as legal advice; it is purely educational and informational, and no attorney-client relationship shall result after reading it. Please consult your own attorney for legal advice. If you do not have one and would like to retain my legal services, please get in touch with me using the contact information listed above.
All information and references to laws, rules, regulations, and advisory opinions were accurate as of this time, but laws are constantly evolving. Please get in touch with me to ensure that the law governing your business is up to date. Thank you.
