PA Criminal Backgound :Prohibitive Offenses no hiring most healthcare facility

  1. 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.
    pa aging: criminal history background check faq

    criminal backgound clearance:
    prohibitive offenses contained in act 14 of 1997

    pennsylvania department of education
    prohibitive offenses contained in act 14 of 1997
    nurse aide resident abuse prevention training act

    prohibitive offenses
    acquisition of controlled substance by fraud
    aggravated assault
    aggravated indecent assault
    arson and related offenses
    causing or aiding suicide
    concealing death of a child
    corruption of minors
    criminal homicide
    dealing in infant children
    delivery by practitioner
    designer drugs
    drug delivery resulting in death
    endangering welfare of a child
    illegal sale of non-controlled substance
    indecent assault
    indecent exposure
    intimidation of witnesses or victims
    involuntary deviate sexual intercourse
    involuntary manslaughter
    library theft
    murder i
    murder ii
    murder iii
    obscene and other sexual materials
    obscene and other sexual materials to minors
    possession with intent to deliver
    promoting prostitution
    receiving stolen property
    retail theft
    retaliation against witness or victim
    securing execution of document by deception
    sexual abuse of children
    sexual assault
    statutory sexual assault
    theft by deception
    theft by extortion
    theft by failure to deposit
    theft by property lost
    theft by unlawful taking
    theft of leased properties
    theft of services
    theft of trade secrets
    theft of unpublished dramas or musicals
    unauthorized use of a motor vehicle
    unlawful restraint
    unlawful use of a computer
    voluntary manslaughter

    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.
    Last edit by NRSKarenRN on Jul 9, '09
  2. Visit NRSKarenRN profile page

    About NRSKarenRN, BSN, RN Moderator

    Joined: Oct '00; Posts: 27,547; Likes: 13,754
    Utilization Review, prior Intake Mgr Home Care; from PA , US
    Specialty: 40 year(s) of experience in Home Care, Vents, Telemetry, Home infusion