Rule 15-16-1-48.2.3 - Criminal History Record Checks1. Affidavit. For the purpose of fingerprinting and criminal background history checks, the term "affidavit" means the use of Mississippi State Department of Health (MSDH) Form #210, or a copy thereof, which shall be placed in the individual's personal file.2. Employee. For the purpose of fingerprinting and criminal background history checks, employee shall mean any individual employed by a licensed entity. The term "employee", also includes any individual who by contract with the facility provides patient care in a patient's, resident's, or client's room or in treatment rooms. a. The term employee does not include healthcare professional/technical students, as defined in Section 37-29-232 of the Miss. Code of 1972, performing clinical training in a licensed entity under contracts between their schools and the licensed entity, and does not include students at high schools who observe the treatment and care of patients in a licensed entity as part of the requirements of an allied health course taught in the school if: i. The student is under the supervision of a licensed healthcare provider; andii. The student has signed the affidavit that is on file at the student's school stating that he or she has been convicted of or plead guilty or nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sexual offenses listed in section 45-33-23(g) of the Miss. Code of 1972, child abuse, arson, grand larceny, burglary, gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable adult, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea.iii. Further, applicants and employees of the University of Mississippi Medical Center for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-115-41 of the Miss. Code of 1972 are exempt from application of the term employee under Section 43-11-13 of the Miss. Code of 1972.3. Covered Entity. For the purpose of criminal history record checks, "covered entity" means a licensed entity or a healthcare professional staffing agency.4. Licensed Entity. For the purpose of criminal history record checks, the term "licensed entity" means a hospital, nursing home, personal care home, home health agency or hospice.5. Health Care Professional/Vocational Technical Academic Program. For the purpose of criminal history record checks, "health care professional/vocational technical academic program" means an academic program in medicine, nursing, dentistry, occupational therapy, physical therapy, social services, speech therapy, or other allied-health professional whose purpose is to prepare professionals to render patient care services.6. Health Care Professional/Vocational Technical Student. For purposes of criminal history record checks, the term means a student enrolled in a healthcare professional/vocational technical academic program.7. Direct Patient Care or Services. For the purposes of fingerprinting and criminal background history checks, the term "direct patient care" means direct hands-on medical patient care and services provided by an individual in a patient, resident or client's room, treatment room or recovery room. Individuals providing direct patient care may be directly employed by the facility or employed on a contractual basis.8. Documented Disciplinary Action. For the purpose of fingerprinting and criminal background history checks, the term "documented disciplinary action" means any action taken against an employee for abuse or neglect of a patient.15 Miss. Code. R. 16-1-48.2.3
Miss. Code Ann. § 43-11-13