16 Del. Admin. Code § 3105-3.0
"Applicant" is a person seeking employment in a facility as defined below; a current employee of a facility who seeks a promotion in the facility; a self-employed person or a person employed by an agency for work in a facility; a current employee, regardless of when hired, who the Department has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed or commencing work; a former employee who consents prior to leaving employment to periodic review of his or her criminal background for a fixed time period. See 16Del.C.1141.
"Background Check Center (BCC)" means the electronic system which combines data streams from various sources within and outside the State in order to assist an employer in determining the suitability of a person for employment in a nursing facility or similar facility, or home care agency as those terms are defined in the enabling statute. See 29Del.C.§ 7972.
"BCC disclosures" means the data on an Applicant that is generated by the BCC system.
"BCC consent form" means the form provided by DHSS which informs the Applicant of the scope of the BCC, the Applicant's legal obligations, and the legal sanctions for failure to provide complete and accurate information.
"Criminal background check (CBC)": The process conducted by the State Bureau of Identification of using an individual's fingerprints to identify the person and to conduct both a State and a federal criminal background check.
"Criminal History" means a report from DLTCRP regarding its review of the Applicant's entire federal criminal history from the Federal Bureau of Investigation, pursuant to Public Law 92-544 and amended (28U.S.C. § 534) and his or her Delaware record from the State Bureau of Identification. The Criminal History shall not include arrests that did not result in a conviction. It shall be limited to convictions and arrests for which no disposition is available.
"Delaware Health Information Network (DHIN)" means the State's sanctioned provider of health information exchange services. 16Del.C.Ch. 103
"Department" or "DHSS" means the Department of Health and Social Services. DHSS owns and operates the BCC.
"Delaware Judicial Information System (DELJIS)" means the agency which maintains all records of criminal arrests and convictions in the State of Delaware.
"Division" or "DLTCRP" means the Division of Long Term Care Residents Protection, Department of Health and Social Services. The Division is responsible for background checks for licensed facilities.
"Facility" means a nursing facility or similar facility licensed pursuant to 16Del.C.Ch. 11.
"Grandfathered employee" is a current employee who was employed by a facility prior to March 31, 1999, and thus was exempted from the requirement enacted at that time that all facility employees have a criminal background check.
"Grandfathered employee consent form" is a consent form to be used for Grandfathered employees who are not subject to the entire review process of the BCC, and thus need consent only to the assignment of an SBI number, which may involve providing fingerprints at SBI. All Grandfathered persons must be on the BCC Master List within 120 days from commencement of the BCC system.
"Individualized Assessment" is the process of evaluating the suitability of an individual with a criminal history for employment.
"Master List" is the list maintained by the BCC for each employer. The list contains the names of all persons who:
| . | Are employed in the employer's facility as defined in 16Del.C.1141(b)(5); |
| . | Are employed by a temporary employment agency, home health or personal care agency, or any other entity to work in a facility or in a private residence as defined in 16Del.C.1145(b)(8); |
| . | Are self-employed individuals working as an independent contractor for the employer; |
| . | Are listed on an employer's Master List and wish to stay on the Master list to facilitate rehire and have consented to stay on the Master List for not more than 3 years. |
"Master List retention form" means the form provided by DHSS which an employee whose employment is terminating may choose to execute in order to stay on the Master List for up to 3 years post-fingerprinting in order to facilitate re-employment.
"Rap-back" is the process of continuous monitoring an employee's arrest and conviction record through DELJIS. The process is limited to Delaware arrests and convictions.
"SBI" means the State Bureau of Identification. It is the agency which processes all criminal background checks in the State of Delaware.
"Service Letter" means a letter containing specific information about a prospective employee's prior employment. Service Letters are a statutory requirement found at 19Del.C.§ 708.
16 Del. Admin. Code § 3105-3.0