PA Criminal Backgound :Prohibitive Offenses no hiring most healthcare facility

[NRSKarenRN, BSN, RN]

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/psonlinetraining/cwp/view.asp?a=3&q=242721

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

burglary

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

forgery

illegal sale of non-controlled substance

incest

indecent assault

indecent exposure

intimidation of witnesses or victims

involuntary deviate sexual intercourse

involuntary manslaughter

kidnapping

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

rape

receiving stolen property

retail theft

retaliation against witness or victim

robbery

securing execution of document by deception

sexual abuse of children

sexual assault

statutory sexual assault

theft

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.