Ensuring a Qualified Long-Term Care Workforce: From Pre-Employment Screens to On-the-Job Monitoring. Ensuring a Qualified Long-Term Care Workforce: From Pre-Employment Screens to On-the-Job Monitoring : Table 16


: Table 16

StateDetails of Process Before Licensure/CertificationDetails of Process Before Employment
AKCriminal checks are conducted via fingerprinting. There are no automatic disqualifying criminal offenses, but there are potentially 20 offenses that warrant disqualification from certification and these offenses are sent to the AK Board of Nursing for a case by case review. Examples include murder, manslaughter, assault, sexual assault, robbery, burglary, etc.Checks are done on any caregiver, including CNAs, except for professionals. Waivers can be granted depending on certain factors. Blanket disqualifications include murder, kidnapping, rape, sexual abuse, felony, endangering the welfare of an incompetent person, arson.
ALn/aChecks are done for direct care workers, and the look back period is entirely discretionary. A survey must be completed and if abuse is found, the person may be dismissed but this is at the discretion of the state employer. Certain disqualifying offenses would bar a person from employment.
ARn/aExemptions from disqualifying offenses depend upon work history, age, time of crime, threat level, etc. A person with a criminal history may be employed temporarily while the search is being conducted. Certain offenses (not substance abuse) are blanket disqualifiers.
AZFingerprints are required for initial or lapsed, suspended, or revoked CNA certification--not renewal which is a potential flaw in the system. If cleared for 2 years, they don't need to submit again, and an appeal is possible. A full set of fingerprints taken by AZ Department of Public Safety for licensure of persons providing direct care, home health or supportive services. Blanket disqualifications for certification include any felony conviction in the past 5 years, and individuals who have a felony conviction must have completed all sentencing and probation prior to the 5 year period.Criminal background checks do not have to be performed for CNAs, but all residential care institutions, residential care institutions, home health agencies, nursing care institutions, or any person with direct care, home health services or supportive services as a condition of employment, must have a valid fingerprint card for all employees (Section 25-411). Fingerprint check is done by AZ Department of Public Safety and shared with FBI. Substance abuse and assault are included in disqualifying offenses.
CACriminal checks are conducted via fingerprinting. Even if criminal background check turns up a “hit” on a discretionary offense, the investigation process may take months--in which case, the nurse aide can work. Blanket disqualification: Several felony offenses result in automatic denial to certification unless the individual has obtained a certificate of rehabilitation or the department has determined in accordance with the law that the offense should not disqualify the individuals form working (as marked with D). Other violations (DUI, prostitution, vandalism) will be considered but there must be evidence of “rehabilitation”. Investigators review the evidence and make recommendations.Statute seems to apply only to nursing home administrators, not direct care workers. If a person received certification of rehabilitation and criminal information/accusation is dismissed, it is at the department’s discretion to decide whether or not grant an exemption. Blanket disqualifications include most offenses, except misdemeanors to which person pleaded no contest.
COThe background check is a requirement for nurse aides only, not nurses. It is done through checking all addresses the applicant has lived in lifetime. The check done within the U.S. only, not in foreign countries. However, starting July 2005, this law is most probably going to be repealed, and they would no longer require background checks for nurse aides in CO.Fingerprints required by Department of Human Services for investigation by the CO Bureau on Investigation, and FBI. The look back period is 10 years for some, none for others. This applies to employment contracts entered into or renewed after July 1, 1999. For 10 year offenses, those crimes committed as juveniles can be appealed if 7 years have passed, others can appeal at any time. Applicants only reconsidered based on mistake of fact if convicted of permanently disqualifying offense. Employees of certain health care facilities run by Department of Human Services who provide direct care to person vulnerable b/c of age, health, disability, etc. Any felony relating to sex, domestic violence, or child abuse, other crime of violence, 3rd degree assault, many misdemeanors, substance offense, are disqualifying offenses.
CTNo criminal background checks are conducted on CNAs. Facilities do conduct criminal background checks prior to employment, but it is not state regulated.Background checks are required for caregivers in nursing/residential care homes, home health aides, adult day care centers, etc., with a look back period of 3 years. Applicants with any offenses can request a hearing with Commissioner of Public Health, and can be hired if hearing determines there is no risk of harm to care recipient or that conviction does not bear on fitness for employment. Disqualifying offenses include sexual assault, abuse/assault of elderly, larceny, burglary, robbery.
DCn/aAll employees are required to do background checks. The Health-Care Facility Unlicensed Personnel Criminal Background Check Act of 1998 has been amended to limit the period in which criminal convictions would bar an unlicensed person from employment with a health care facility to the 7 years preceding the criminal background check.
DEThey strongly urge all training programs to do background checks during training. This would prevent programs from training individuals who would be ineligible to work. Background checks are not conducted on CNAs prior to certification. Some facilities do conduct criminal background checks, but it is not state regulated.Fingerprint background checks and mandatory drug tests are required. An applicant is exempt from a background check if qualifying check was performed within the last 5 years. If an individual was convicted of non-listed offense, the employer must evaluate the offense to determine suitability. The look back period is 5-10 years depending on offense. There is no time limit for sex felonies. Nursing home employees, whether or not they are direct care providers, require background checks. Disqualifying offenses include all felonies and Class A misdemeanor or substance related misdemeanors within the last 5 years, all violent felonies within 10 years, and any felony sex offense without time limit.
FLFingerprinting for background checks is done through FL Department of Law Enforcement and the FBI. Disqualifying offenses include most crimes.Level 1 check for all employees who have contact with the residents, including housekeeping staff, is required. The check includes Abuse Registry screening and FL Department of Law Enforcement screening. If an individual is a resident of FL for less than 1 year, then full FBI check using fingerprints is done. Disqualifying offenses include sexual misconduct, abuse/neglect/exploitation, murder, manslaughter, vehicular homicide, assault, battery, arson, kidnapping, prostitution, robbery, incest, child abuse/child molestation, mostly felonies or crimes/offenses involving minors/elderly. Only applies to offenses committed on or after October 1, 1995. However, according to state law 435.07, the appropriate licensing agency may grant to any employee otherwise disqualified from employment an exemption for the listed offenses.
GAThey encourage trainings to do background checks for individuals who will later work in facilities that will run background checks.Employer has absolute discretion. No disqualifying offenses on employment.
HIThey have a federally mandated CNA registry check, but this is not the same as a background check because it only includes “convictions” if against a resident while in a nursing home. No other past history is reviewed.The state does not require background checks, but the employer can require it if they want to pay for it.
IAn/aEvery new hire to a nursing home has background check, along with nurse aide dependent adult abuse, and children abuse registries checks. If criminal record found, facility can choose to either hire or request evaluation from DHS so person can explain why he or she should be hired. Then the facility makes the determination of whether to hire the person. For example, if a person had DWI 10 years ago, they may be approved to work as an aide but not as driver. Each nursing facility employee must have a criminal background check. No disqualifying offenses on employment.
IDThey are changing the law very soon to have requirements for background check prior to certification.Fingerprint background checks are done with the FBI. They are 1 of 7 states to participate in the Background Check Pilot Program. Disqualifying offenses include any conviction of abuse against nursing home residents.
ILCertain federal and state requirements must be met prior to certification of a nurse aide. Fingerprints submitted to state police for background checks. Individuals disqualified from working can get a waiver.Employees wrongfully suspended based on inaccurate criminal record check are entitled to pay back, including direct care workers. IL created a waiver system, where criminals who apply for jobs in nursing homes are given a waiver form to fill out. 90% of waiver requests are approved, even if a criminal has 11 convictions. No crime is exempt from the waivers. If an individual has committed certain crimes they may not work in facilities unless a waiver is issued by the Department of Public Health. Disqualifying offenses include murder, homicide, manslaughter, kidnapping, indecent solicitation of a child, assault, battery, stalking, theft, robbery, criminal neglect of an elderly or disabled person, forgery, burglary, arson, etc.
INBackground checks are done using date of birth and SSN through the state police. Fingerprints are only used if required by a facility for additional verification. Disqualifying offenses are all offenses listed in the code.Facilities decide if they want to use fingerprints in addition to DOB, SSN, and also if they want to run FBI check in addition to check done by state police. Disqualifying offenses are listed in code, and include rape, battery, 10 years for theft, murder.
KSn/aOverall, look back period for disqualifying offenses is forever. However, for certain offenses the look back period is 5 years, while for other offenses the look back period is forever. Disqualifying offenses include most violent and serious crimes, such as murder and sexual assault or child abuse. Offenses result in an indefinite prohibition, a 5 year prohibition, or a length determined by Kansas in relation to the offense.
KYFingerprints are submitted by all licensure applicants for background checks. Certain disqualifying offenses would bar a person from certification.Fingerprint background checks are a state law requirement as a condition of employment.
LACurrently updating regulations, so soon it may be law to require background checks prior to certification.No fingerprint background checks used. Very simple check done at the state level through the state police, but in some areas, just done at the local level through previous records.
MAn/aThe state statute requires all individuals being employed to provide services to elderly or disabled persons must provide criminal record information prior to employment. This includes individuals with any direct or indirect contact with elderly or disabled person such as home health aides, personal care attendants, and meal deliverers.
MDCNAs are asked on the application to disclose any misdemeanors or felonies, but no background check is done.State level background check is required. Sometimes checks are done at the national level.
MEME passed a law in November 1, 2003 that prevents individuals from being certified and listed in registries if they have any felony in the past 10 years of a crime resulting in an incarceration of 3 years or more, or a crime of less than 3 years if it involved sexual misconduct, abuse, neglect or exploitation in both health care and non-health care settings.Facilities are required to check if the individual is registered/ certified.
MIn/aFingerprint background checks are conducted. Disqualifying offenses include any felony, regardless of type in last 15 years, which prohibits a person from working in a nursing home, any misdemeanor that involves abuse, neglect, assault, battery, or criminal sexual conduct against anyone or fraud or theft against a vulnerable adult, or a state or federal crime that is substantially similar to such a misdemeanor within the 10 years immediately preceding the date of application for employment or clinical privileges or the date of the date of the independent contract.
MNEven if a misdemeanor is found on record that prevents person from working in facilities, certification is not taken away.Background checks are done through name and DOB on the state level. If there is reason to believe that other offenses may have occurred, then fingerprints are collected to run the federal check. Individuals also have the right to request reconsideration, and appeals are handled on a case by case basis. Some misdemeanors will prevent individuals from working only at certain facilities, but it varies. Disqualifying offenses include murder, theft, misdemeanor, felony, etc.
MOFingerprints are sent to state patrol for background checks. Disqualifying offenses include any listed A or B level felony such as arson, assault, burglary, causing a catastrophe, child molestation, domestic abuse, violence, elderly abuse, rape, incest, kidnapping, murder, sexual abuse, rape, manslaughter.MO requires criminal background checks for all employees hired after a certain date, but not for employees who were already working in the facility when the law passed. The facilities are supposed to call and verify with registry of applicant's certification. The facility is not allowed to hire individuals with certain criminal felony charges, such as adult abuse.
MSSometimes background checks are done in nursing homes during the training process. Individuals are allowed by the state to train under the supervision of the instructor without having the check done, so some nursing homes do not run background checks before training.Fingerprints are used for background checks. Disqualifying offenses include felony conviction of possession or sale of drugs, murder, manslaughter, robbery, rape, sexual battery, sex offense, child abuse, arson, larceny, burglary, assault, abuse or battery of a vulnerable adult, etc.
MTn/aMT does not require background checks. An agency can refuse employment depending on nature of crime, relative to the work. There are no absolute bars on employment in the state.
NCBackground checks are required for licensure in NC. Disqualifying offenses include counterfeit, homicide, rape, robbery, prostitution, kidnapping, burglary, assaults, etc.A nursing home or home care agency shall submit a request to the Department of Justice under G.S. 114-19.3 to conduct a background check within 5 business days of making the conditional offer of employment. No exceptions made, but no automatic bars. Nursing home must run check, but after that, decision not to hire based on criminal background is up to the facility. Nursing home or a home care agency shall not employ an applicant who refuses to consent to a criminal background check.
NDn/aBackground checks are not a requirement in the state.
NEThere is no certification process in the state. Individuals are just put on the registry.Facilities are not required to do background checks by law, but most do checks to make sure those with misdemeanors are not working there.
NHSome CNA training programs conduct background checks, but this is not mandated by law. There is no list of disqualifying offenses. All licensure and employment decisions are made on a case by case basis.Most facilities do criminal background checks, but there is no legislation currently requiring them to do so. There is no list of disqualifying offenses, so all licensure and employment decisions are made on a case by case basis.
NJFingerprint background checks are required. Criminal history records are permanent, so if an individual is disqualified from working in the state, a determination of rehabilitation must be filed. Disqualifying offenses are listed is state statute include murder, homicide, manslaughter, death by auto, aiding suicide, assault, battery, leaving scene of accident, kidnapping, sexual assault, robbery, car jacking, any theft related charge including shoplifting, endangering welfare child, elderly, or incompetent person, and any drug offense other than possession of marijuana or hash less than $5,000. If ever convicted of any crimes, individuals must claim it on their application, or they will be permanently disqualified.Nurse aides/personal assistants are required to do background checks. The law allows anyone to be rehabilitated, based on nature of crime, time, conduct, etc. Disqualifying offenses are for any disorderly personal offense.
NMFingerprint background checks are required by law under the Nursing Practice Act. Disqualifying offenses include being guilty of fraud or deceit, convicted of a felony, incompetent, guilt of unprofessional conduct.Fingerprints, photo ID, and SSN are used for background checks. Disqualifying offenses include homicide, kidnapping, rape, robbery, child abuse, abuse, neglect, financial exploitation, etc.
NVFingerprints are used by NV Records and the FBI for background checks. There are no barriers on crime, so if a background check shows positive for crimes it is handled on a case by case basis. The individual with certain crimes might have restrictions placed on which types of facilities they are allowed to work depending on the crimes. There are no barriers for certification based on previous crimes, only on where they are allowed to work.An employee has time to correct the information within a reasonable amount of time if the criminal history is wrong. Information is received from the Central Repository for NV Records of Criminal History about background checks. Criminal background checks are conducted through SSN and date of birth, not through fingerprinting. Termination of employment could result if convicted of certain crimes.
NYn/aFingerprint background checks are required prior to employment. Disqualifying offenses include assault, sexual offense, larceny, robbery, bribery, etc.
OHBackground checks only done by nursing homes before employment.Background checks are done on direct care providers. Facilities look at crimes to the degree that they relate to the nature of the work, and they allow rehabilitation.
OKFBI background checks done by the employer. If criminal records show up on an individual, then the certification can be taken away.Background checks apply to nurse aides. Disqualifying offenses include indecency/immorality, drugs, property, domestic abuse, any criminal act, sexual abuse.
ORThe Board of Nursing is the sole judge of eligibility for certification. If an applicant has been arrested, charged, or convicted of any criminal offense, has past, current or pending disciplinary actions in Oregon or another jurisdiction, or falsifies application, the a determination shall be made as to whether it has a demonstrable relationship to the performance of nursing assistant duties, in which case certification may be denied.Fingerprint background checks are required. Facilities may also obtain Information through child protective services, DMV, court records, and other state data systems. Disqualifying offenses are determined by considering the nature of crimes.
PASome training programs require background checks in advance of starting the program so they do not have to eliminate people post background check. Background checks are done by Department of Education prior to training. If the individual is a PA state resident for less than 2 years, then a FBI background check is done, but if the individual is a PA resident for more than 2 years, then only a state background check done. Disqualifying offenses include criminal homicide, murder, manslaughter, assault, rape, kidnapping, sexual assault, aiding in drug delivery, indecent exposure, arson, burglary, theft, etc.If a nurse aide has worked in the same facility for 10 years and then applies at a new facility, the individual would need to have a background check. The only exemption is for employment of 1 year or greater prior to December 1996, and only with the same employer. Act 13 requires background checks for certified/licensed staff hired after October 1997 and for anyone presenting themselves for employment.
RIIndividuals have to coordinate with the state attorney general's office to get a letter to include in their licensure application.All employees are required to do background checks. An individual with any offenses can appeal to the employer who then has final discretion. The background check is not conducted through fingerprinting. Disqualifying offenses include murder, manslaughter, first/second/third assault, felony, drug offenses, etc.
SCIndividuals need to work for a specified number of hours during the 2 year certification process to become certified. No background check is required.No background check is required. The only consideration is how the crime relates to the job, and whether the employer thinks the applicant is unfit or not.
SDNo criminal background checks are conducted on CNAs.A few nursing facilities do conduct background checks, but it is not state regulated. Two years ago there was an attempt to pass legislation to require mandatory criminal background checks for unlicensed staff in assisted living centers. This was defeated by the SD Health Care Association, mainly because of the cost of paying for the criminal background check.
TNn/aFingerprints must be submitted for state and federal background checks within 7 days of employment.
TXn/aThe Department of Public Health requires employee identification information to run background checks. The law applies to those direct care workers who are unlicensed or uncertified, and does not include all employees. If the agency receives notice that a person has been convicted of a disqualifying offense, then the agency/facility must determine whether the offense is a contra-indication to employment. Disqualifying offenses include criminal homicide, kidnapping and unlawful restraint, indecency with a child, sexual assault, aggravated assault, injury to a child, elderly individual, or disabled individual, abandoning or endangering child, aiding suicide, agreement to abduct from custody, sale or purchase of a child, arson, robbery, assault, burglary, etc., but not substance abuse.
UTn/aDiscretion is used by the employer to decide on a case-by-case basis according to the nature of the conviction and job sought. Each facility has its own requirements for background checks.
VABackground checks are done using DOB and SSN, not fingerprints. Disqualifying offenses include murder, manslaughter, assault, abuse or crimes against children, and other crimes of violence.VA requires background checks of all staff employed by a nursing home or adult care residence. The background check is done through the state police, so it does not pick up on any convictions from other states. Exemptions could be given after 5 years if an individual has only 1 misdemeanor. Disqualifying offenses include murder, manslaughter, assault, abuse or crimes against children, and other crimes of violence.
VTNo criminal background checks are conducted on CNAs prior to certification.Some facilities conduct background checks, but it is not state regulated.
WAApplicants are reviewed on a case by case basis. A federal background check is done only if an individual was previously certified in another state, but no fingerprinting is used. Disqualifying offenses are followed according to the uniform disciplinary act.A WA State Patrol background check is required which only screens for crimes committed in WA. When a nursing home employee moves on to another nursing home the background check must be conducted again by the new employer. No federal background check is required.
WIAny person who is seeking certification requires background check and resident abuse record search. Disqualifying offenses include violent crimes, mot substance abuse.All employees require background checks and resident abuse record searches. They allow exceptions with proof of rehabilitation, except for homicide, and most sex acts. Disqualifying offenses include most serious crimes, especially "substantially related" to care of the resident. Includes violent crimes, but not substance abuse.
WVn/aBackground checks are not required in WV. A nursing home is required to make an effort to screen out people who may have a history of undesirable conduct.
WYApplicants must pay $60 in addition to the $60 application fee for the fingerprint background check through the Division of Criminal Investigation. WY does not have a limitation on disclosure of past criminal offense. All prior convictions, even if deferred or suspended, must be acknowledged on all applications and renewals.n/a