Speaking of background checks......

  1. My BIL recently started at a LTC facility as a non-certified NA. I have no prob with this except for the fact he has a felony for statutory rape. Now let me explain his situation here, he was seeing a 17yr old girl who was consentual with the relation but when things soured her and her mom pressed charges and he went to jail. Long story for him.

    Now my Q is, if he has a felony charge on him how can he work in LTC? I was under the impression that anyone with a criminal background (felony) they were not allowed to work in health care. My sis said it is because of the class of felony he has. I have no idea what class it is and she couldn't remember either.

    Is there anyone that can help me understand this? Don't get me wrong, he is great with the residents and works well. I don't really believe he will stick with it either. His work history is short and sweet, hates to have a long term job.

    Would appreciate some insite on this......Thanks.
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    About LPN99

    Joined: Nov '01; Posts: 10


  3. by   flowerchild
    Perhaps she means, 1st degree, 2nd degree, 3rd degree convictions. ???
    I to thought you couldn't work in LTC with a offense like that, especially one that is sex related.
    It's scarry that my state has decided to let facilities hire and start nurses before they get confirmation on background checks and license checks. State reciprocity. I think it's going to lead to problems. Guess they are lowering standards d/t the shortage.
  4. by   sjoe
    Different States have different requirements for their facilities. It is not unusual for past felons to be working in LTC, mostly because, whatever the law is, most of them are too cheap to do even the simplest of background checks anyway.

    If he were working with children, for example, most States would require fingerprinting and a background check. Working with older people, fewer facilities do--particularly since he is not licensed (since most State licenses, whether for hairdresser or MD, attempt to screen out past felons).

    But the bottom line is that 1) should his current facility discover that he has a record AND 2) that your State does not permit him to work there because of this, the worst that could happen is that they would fire him. Since he moves around vocationally anyway, this does not sound like it would be a catastrophe.
    Last edit by sjoe on Nov 14, '02
  5. by   LPN99
    Thank you for responding. I think it was a class felony and the LTC center is aware of it. They did say that it was cleared but I do still wonder. If this is what the shortage is coming to heaven help us.

    I had worked as a CNA for many years and the DON at my last job always asked us "do you want quanity or quality" and with it put that way, well, we chose quality. She was picky on who she hired so we worked short often. But hey, we at least had good help most of the time.

    I do know when I graduated from school they did a background check on us and it was thorough. But I guess that was cause we would be handling drugs.

    Like I said though, he isn't much for working so he may not last.
  6. by   Vsummer1
    Even the BON will overlook a prior if it was under extenuating circumstances and / or you can prove rehabilitation. Each case is individual.
  7. by   JedsMom
    In my state if you are convicted of a sex offense against and child or are convicted as a sexual preditor you must, when released from prison, register with the law enforcement agency where you will be living. You will also have to make everyone within a certain mile radius of your residence aware of your status. This is done through announcements with your picture in the newspaper, as well as signs, handbills, etc. You also have to notify any nearby schools of your status. Failure to comply with these requirments can land you back in jail.

    Unfortunately many places do not require background checks of any kind on their employees and some convicted felons slip through the cracks.

    It sounds like because of the nature of his charges (having sex with a 17 year old) the LTC facility may have thought him a low risk to their population??

    At any rate, it is up to the employer to determine whether or not the employee is fit to be hired regardless of their background.