Idaho Admin. Code r. 16.03.02.009

Current through September 2, 2024

Section 16.03.02.009 - BACKGROUND CHECK REQUIREMENTS

01.Background Check. A skilled nursing facility (SNF) must complete a background check and receive a clearance on employees, volunteers, and contractors hired, recruited, or contracted with after October 1, 2007, who have direct patient access to residents in the SNF. A Department check conducted under IDAPA 16.05.06, "Criminal History and Background Checks," satisfies this requirement. Other background checks may be accepted provided they meet criteria in Subsection 009.02 of this rule and the entity conducting the check issues written findings. The entity must provide a copy of these written findings to both the facility and the employee. The following individuals must receive a background check clearance:

a. Owners and Corporate Leaders;

b. Administrators and Designees;

c. Director of Nursing Services (DNS);

d. Certified Nursing Assistants (CNA);

e. Maintenance Director and Maintenance Personnel;

f. Registered Nurses (RN);

g. Licensed Practical Nurses (LPN);

h. Environmental Services Personnel;

i. Activity Director and Activity Assistants;

j. Contracted staffing accruing at least twelve (12) hours weekly with direct patient contact;

k. Volunteers utilized or credentialed by the facility with direct patient contact;

l. Nursing Assistants;

m. Hospitality Aides;

n. Social Services Personnel;

o. Business Office Personnel;

p. Therapy Services Personnel;

q. Registered Dietitians;

r. Dietary Manager and Dietary Personnel;

s. Laundry Service Personnel;

t. Unlicensed Assistive Personnel (UAP);

02.Scope of Background Check. The background check must be a fingerprint-based criminal history and background check that may include a search from the following:

a. Federal Bureau of Investigation (FBI);

b. Idaho State Police Bureau of Criminal Identification;

c. Any State Sexual Offender Registry;

d. Any state or federal Child Protection Registry;

e. Any state or federal Adult Protection Registry.

f. Office of Inspector General List of Excluded Individuals and Entities;

g. Idaho Department of Transportation Driving Records;

h. Nurse Aide Registry; and

i. Records and findings from other states and jurisdictions.

03.Availability to Work. Any direct resident access individual hired, retired or contracted with, on or after October 1, 2007, must self-disclose all arrests and convictions before having access to residents. The individual can only work under supervision until the background check is completed and a clearance received. If a disqualifying crime under IDAPA 16.05.06, "Criminal History and Background Checks," is disclosed, the individual cannot have access to any resident.

04.Submission of Fingerprints. The individual's fingerprints must be submitted to the entity conducting the background check within twenty-one (21) days of their date of hire, contract, or recruitment.

05.New Background Check. An individual must have a background check and clearance when:

a. Accepting employment, a contract, or a position with a new employer; and

b. Their last background check was completed more than three (3) years prior to their date of hire, contract, or recruitment.

06.Use of Background Check Within Three Years of Completion. Any employer may use a previous criminal history and background check obtained under these rules if:

a. The individual has received a background check with clearance within three (3) years preceding their date of hire, contract, or recruitment;

b. The employer has documentation of the background check findings;

c. The employer completes a state-only background check of the individual through the Idaho State Police Bureau of Criminal Identification; and

d. No disqualifying crimes are found.

07.Employer Discretion. The new employer, at its discretion, may require an individual to complete a background check at any time, even if the individual has received a background check within the three (3) years preceding their date of hire, contract, or recruitment.

Idaho Admin. Code r. 16.03.02.009

Effective July 1, 2024