PA Criminal Backgound Clearance:Prohibitive Offenses no hiring healthcare facility

Due to Federal regulations, most states following regs similar to PA

PS Online Training: Unit 4: Criminal Background Checks

The Act 169-1996 Amendment to OAPSA requires a criminal background check for all employees and administrators of a facility. Facilities are defined by the act to include: Domiciliary Care Homes, Home Health Care Agencies, Long Term Care Nursing Facilities (licensed by Dept. of Health), Adult Daily Living Centers (licensed by Dept. of Aging), and Personal Care Homes (licensed by Dept. of Public Welfare). In addition, the Pennsylvania Department of Health has defined home health care organization or agency to include: hospices and birth centers, and the Pennsylvania Department of Public Welfare (DPW) has concluded that the Act is applicable to all DPW-licensed and DPW-operated residential facilities for adults; specifically: Personal Care Homes, 55 Pa. Code Ch. 2620; Community Residential Rehabilitation Services, 55 Pa. Code Ch. 5310; Long Term Structured Residences, 55 Pa. Code Ch. 5320; Community Homes for Individuals with Mental Retardation, 55 Pa. Code Ch. 6400; Family Living Homes, 55 Pa. Code Ch. 6500; ICF-MR’s (private and state), 55 Pa. Code Ch. 6600; State Mental Hospitals; and Nursing Facilities. A Home Health Care Agency is further defined to include those agencies licensed by the Department of Health and any public or private organization which provides care to a care-dependent individual in their place of residence. Individuals with convictions for prohibitive offenses are prohibited from employment in these facilities.

An employee is defined as any applicant or new employee hired after July 1, 1998. Individuals employed by the facility prior to July 1, 1998, are not required to undergo the background check.
The definition of employee includes contract employees who have direct contact with residents or unsupervised access to their personal living quarters. It also includes persons employed or contracted by a public or private organization to provide care to a care dependent person in his/her own residence.

http://www.aging.state.pa.us/psonlin...p?a=3&Q=242721

PA Aging: Criminal History Background Check FAQ


Criminal Backgound Clearance:
Prohibitive Offenses Contained in Act 14 of 1997





If an individual is convicted of an offense that would prohibit employment, is there a certain time period that this conviction can be disregarded and the individual could be employed?


No. Any offense as described by the Act appearing on an individual’s criminal record regardless of date must be used in determining employment eligibility.