Clinical Sites & Background Checks!

LADYVENGEANCE1 · Nov 29, 2012

I doubt you can dispute a denial.

You are the one trying to go into their facilities and as such they can deny, restrict, whom they like in their properties.

switch the clinical site if you can.

x3catlover · Nov 29, 2012

I mean since it is a misdemeanor I don't think they should deny me for that?

I can't switch clinical sites, as we are required to do a rotation at that agency (they have about 6 hospitals throughout the valley)

HouTx, BSN, MSN, EdD · Nov 29, 2012

Health care providers are required to obtain full background checks for anyone who may have access to their patients. This is a Federal law in the US which is intended to protect our vulnerable patients. However, I am not sure whether all facilities use the same parameters to deny access/employment, because it seems like some facilities are much more stringent than others so you may have better luck with the other facilities.

That being said, I am so sorry that you find yourself in this predicament. But it is not an unusual situation here on AN. Many schools (especially those that are investor-owned) are so focused on recruitment that they fail to provide sufficient information to prospective students. The fact is that even if someone gets a nursing degree, there may be background issues that prevent him/her from taking NCLEX or being hired in to a health care job. Again, some states are more stringent than others. Mine (TX) is one of the strictest.

Good luck - hope it works out for you

FormerLawyer · Nov 29, 2012

The hospital is private property. They do have the right to deny you, it does not matter whether your conviction is a felony or a misdemeanor. You may be able to APPEAL a denial, depending on their internal policies/procedures. I am not a nurse (yet), but I am an attorney, and not knowing anything more about your situation, there are two things I would advise you to bring to the attention of the hospital where you need to do the clinical. First, whether the original felony was an assualtive (i.e, some sort of person on person contact crime). If it was, the misdemeanor that you plead to, (you don't get a reduction without a plea, so I assume that is what happened), is an assualtive one as well, and they may have a policy against allowing anyone with an assualtive crime to work in their hospital. They may even have an insurance policies, or a local law, or statue that dictates this. If you committed an assaultive crime, probably no amount of explaining would help. If you committed something non-assaultive but something where the underlying crime incorporated dishonesty, (i.e, check fraud, obtaining property under false pretenses) they may also not want you there for a fear you cannot be trusted.

If the conviction is for something not involving assaultive behavior or dishonesty (I can't really think of a good example here), then you can explain to them that you made a bad mistake and have tried to make your amends for it.

If it was for something involving assault or dishonesty, then your next best option is probably to explain to them that this happened several years ago, that you have not had any involvement in the criminal justice system since, you have paid your dues (hopefully there is no outstanding criminal restitution, or something :) ). You have learned and changed and now you want to be a nurse. And to be a nurse, you are required to do a clinical in this hospital.

Finally, they may not be able to allow you into the hospital, no matter how compelling your argument is. If that is the case, you should speak to the people in your school and see what can be done. You are not the first person to have this sort of problem and you won;t be the last. People make mistakes, and then they try to correct them, and I think the best we can hope for as a society, is that we actually allow people to get past their mistakes.

I hope this is helpful, and didn't sound too mean, I just saw the post and went into lawyer mode.

FormerLawyer · Nov 29, 2012

And everything I posted depends on them having an appeals process where you are allowed to make your case. If I was in your situation, I would try to make my case BEFORE they had a chance to deny. I would go to the hospital and speak to someone. Your school could tell you who to talk to.

x3catlover · Nov 29, 2012

Ok thank you. I guess I will have to appeal if they deny me. I thought schools made sure their students were clear of backgrounds before even accepting them!!! So they dont have to worry about clinicals later on.

I mean when I applied to be a volunteer at that agency a couple years ago, they sent me a copy of the bg report and why they denied me... and I didn't see anything that the charge was brought down to be a misdemeanor. Do you think that is why they denied me? Not sure why it wasn't showing up. It just says felony charge.

FormerLawyer · Nov 29, 2012

Talk to them first. it will look better and less like you are hiding something. Second, stop fixating on the fact that you plead to something less than you were charged with. Do not mention that. At all. What is on your record, is what you plead to. So, just talk about the misdemeanor. If you can, I would call the hospital right now and find someone to talk to, because you are already feeling that a denial might happen. Don;t sit on this, be proactive.

Also, the background check is just a check. The school might have known this would be a problem, and probably should have done something, but they didn;t.

Further, a felony not involving assault or dishonesty might be viewed better than a misdemeanor involving either. Also, if it was a drug offense, that might bar you from some hospitals as well.