Sample Health Care Worker Background Check Procedure

· Inform nonlicensed health care worker applicants/employees that a criminal history (background) check is required by law and is agency policy and will be conducted.

· An authentic criminal history check conducted within the last 12 months prior to the conditional offer of employment may be accepted in lieu of a new check.

· If there is no criminal background check information on the applicant, or the applicant does not produce proof of an authentic criminal history check, then initiate a criminal background check.

· If QRS Home Care Company conducts a criminal background check, make a conditional offer of employment and obtain the applicant's name, sex, race, date of birth, and have the person sign the conviction information request form.

· Inform the applicant/employee of his or her right to a copy of the report, and that he or she can challenge the report or request a waiver within 30 days of receipt of the report.

· The applicant may be hired conditionally to provide direct care for up to three months pending background check results. The employee may be terminated if a criminal history is found and he or she does not request a waiver.

· If an employee with a criminal history requests a waiver, QRS Home Care Company may, but is not obligated to, accept the waiver or continue the person's employment.

· An employee with a criminal record or QRS Home Care Company may request a waiver to the law prohibiting QRS Home Care Company from hiring or retaining a person who has been convicted of any state-recognized offense by submitting the following within 30 days of the criminal record report:

1. A completed fingerprint criminal background check form to be forwarded to the state police, and

2. A certified check or money order made payable to the state police.

· The state or QRS Home Care Company may grant a waiver based on recognized mitigating circumstances. QRS Home Care Company is not obligated to offer permanent employment to an applicant or retain an employee who is granted such a waiver. The QRS Home Care Company administrator will make the final hire or retention decision after review of all available information.

· Should a criminal record be reported on an applicant/employee through the nonfingerprint check, a fingerprint check may be done to confirm whether that person is actually the same person with the criminal history. (This process may be done through the state police.) The applicant/employee may request that QRS Home Care Company commence a fingerprint check by submitting information required in a format prescribed by the state police.

· Copies of the employee's criminal history results and waiver, if applicable, will be maintained in the employee's personnel file.

· Nonlicensed health care worker applicants/employees are exempt from paying fees incurred by the employer in conducting the checks.