Section 402.5 - Requirements Before Submitting a Request for a Criminal History Record Check

Section 402.5 Requirements Before Submitting a Request for a Criminal History Record Check.

(a) To the extent permitted by law, a provider shall request from a prospective employee a sworn statement disclosing any prior finding of patient or resident abuse, or a criminal conviction in this State or any other jurisdiction. Providers shall evaluate such statements in all hiring decisions, including any temporary employment allowed under this Part.

(b) The provider shall inform the subject individual in writing that:

(1) the provider is required to request a check of his or her criminal history information and review the results of such criminal history record check; and

(2) the subject individual has the right to obtain, review and seek correction of his or her criminal history information pursuant to rules and regulations established by the Division and the FBI.

(c) The provider shall obtain the signed, informed consent of the subject individual in the form and format specified by the Department which indicates that the subject individual has:

(1) been informed of the right and procedures necessary to obtain, review and seek correction of his or her criminal history information;

(2) been informed of the reason for the request for his or her criminal history information;

(3) consented to the request for a criminal history record check; and

(4) supplied on the form a current mailing or home address.

(d) A subject individual may withdraw his or her application for employment, without prejudice, at any time before employment is offered or declined, regardless of whether the subject individual or provider has reviewed the summary of the subject individual’s criminal history information.

Effective Date: 
Wednesday, December 2, 2009
Doc Status: 
Complete