Mississippi Healthcare Background Check
If you are a resident working in Mississippi and want to apply for an extensive background check for work in the Mississippi licensed health facility.
As per section 43-11-13, in the Mississippi Code of 1972, the Mississippi State Department of Health, Division of Licensure and Certification is required to be conducted a criminal history fingerprint check for:
- Every new employee who joins an entity licensed to provide the direct care of patients or
- services, and who is employed after 07-01, 2003 and
- Any member of an authorized organization who was employed before July 1, 2003, and who is a holder of an
- The present employer took documented disciplinary actions.
Please follow the steps below to request a Mississippi healthcare background check for employment in a health facility:
1.) The cost for processing background checks is $50.00. background check is $50.00 per applicant (extra cards or reprints of the same person do not need additional fees). The payment for background checks is to be done online through Microsoft's criminal history fingerprint payment portal.
2.) If you are in the area, you can arrange a LiveScan appointment to fingerprint (LiveScan Facilities) and fill out the LiveScan Information Form to take for the appointment. Suppose the LiveScan location is not available. Complete all areas of the fingerprint card and send it to the address below. The fingerprint card must be from the authorized facility, not the one who requested it. (Note that if a fingerprint card is not completed, it will be returned, resulting in delayed background check processing.)
3.) Make sure that the Noncriminal Justice Application's Privacy rights form has been completed and date stamped and filed in the personnel file of the facility. DO NOT SEND IT TO MSDH.
4.) If you are mailing a fingerprint card, address it to:
Mississippi State Department of Health
Criminal History Fingerprint Unit 143B LeFleur's Square Jackson, MS. 39211
If sending a card by USPS, you must obtain a tracking number to track where the card is.
For questions regarding the above process, contact Julie Henderson (601.364.5059), Nicole Banes (601.364.1101), or email CHRCUnit@msdh.ms.gov.
1. According to Section SS 43-11-13 of the Mississippi Code of 1972, the covered entity is required to investigate disciplinary actions by the professional licensure agency where applicable and for each employee to determine whether any disciplinary actions have been implemented on the individual by the organization and also a criminal history check for:
a. Each new employee of a covered entity that offers direct services or cares to patients and is hired from or after July 1, 2003, and
b. Any person employed by a protected company before July 1, 2003, has been sanctioned from their current employer.
2. Unless otherwise stated in this paragraph, any employee hired following July 1, 2003, will be allowed to provide direct care for patients as long as the background check outcomes showed no record of disqualification or until the employee has been granted the right to waive. Suppose the entity covered has proof of having submitted fingerprints to conduct a background check. In that case, any person can be employed and provide immediate patient services on a short-term basis, pending the outcome of the criminal history check. Any job offer, contract, or agreement with the employee will be null and void if the employee is found to have an unqualified criminal record check or a waiver has not been granted.
3. If the criminal report reveals a felony conviction, the guilty plea or the plea of no contest to a felony conviction for the one (1) or more of the following offenses that have not been overturned upon appeal, or where a pardon request was not granted, the applicant/employee will not be able to work at the licensing facility:
A. selling or possession of the drug
D. armed robbery
F. sexual battery
G. Sexual offenses that are which is listed within Section 45-33-23, Mississippi Code of 1972
H. child abuse
J. grand larceny
L. the satisfaction of the desire
M. assault with a felony
N. battery or battery that is a felonious act of an adult who is vulnerable
4. Verification of the employee's status as a disciplinary matter and any other disciplinary action taken by the professional licensing agency of the employee where applicable, and proof of the submission of an employee's fingerprints to the licensing organization must be kept on file as well as maintained at the time of the new employee's starting date. The covered company must keep in its files evidence of confirmation of the employee's disciplinary status with any professional licensing organization and of the submission and/or successful completion of the criminal records check, the affidavit signed by the employee in the event of a need, and an original copy of the notarized document confirming the employee's ability to perform the job.
5. According to Section SS 43-11-13, Mississippi Code of 1972, The licensing agency will require all employees of a covered organization who was employed before July 1, 2003, to submit an affidavit that states that they do not possess any criminal record according to section (c) below.
6. Beginning on or after December 31, 2003, No person employed by a protected entity, hired before July 1, 2003, is authorized to provide direct care for patients without completing an affidavit following the requirements in this section. The covered entity must put the affidavit into the employee's personnel file as evidence of conformity to this law.
7. If an individual sign the affidavit that is required by this section when it is found that the person was convicted or admitted guilt or nolo contendere for any of the crimes listed in this section and the verdict or plea has not been overturned on appeal. A pardon hasn't been granted in connection with the conviction or plea. That individual is found guilty of perjury in the manner set in Section 43-11-13 of the Mississippi Code of 1972. The covered entity must immediately initiate an action to terminate employees following the policy and procedure of the facility.
8. The covered entity can, at its discretion, permit any employee who is unable to sign the affidavit required under paragraph (g) in this section or any applicant who is dissatisfied with the hiring decision made according to this section to appear before the hiring officer of the covered entity, or their designee to provide mitigating factors that might exist and allow employees or applicants to be employed by the company. A covered company, on an assessment and recommendation from the hiring official, may offer waivers in the event of extenuating circumstances. This could include but are not only: (1) age at when the crime occurred; (2) circumstances surrounding the incident; (3) length of the time between conviction and criminal history before when the crime was committed; (4) employment history (5) the current position and references to character and (6) additional evidence that proves that the individual is not a danger to the safety or health of patients at the facility licensed.
9. The licensing agency can charge the licensed entity which submits the fingerprints a fee that does not exceed Fifty Dollars ($50.00).
10. If the results of an applicant's criminal history check show no evidence of a disqualifying incident or event, the covered company must in 2 (2) weeks after the notification of the absence of a disqualifying incident and provide the applicant with a notarized document that is signed by the head of executive management at the entity or their authorized designee, that confirms the applicant's eligibility for work based on his or his criminal history background review. A prospective employee may utilize this letter for a time that is two (2) years following that date to apply for work at any covered entity that is licensed through the Mississippi State Department of Health without the need for another criminal record check. Any covered entity that receives the letter can be able to rely on the letter in regards to the applicant's criminal record but isn't required to do so for an additional 2 (2) years following when the letter was issued to perform or conduct an inquiry into the criminal history of an applicant as stipulated in this section.
11. If you contract with an outside party to provide direct patient care, as defined in this section, the entity covered will be required to provide proof of a criminal background review.
12. Following Section 43-11-13 of the Mississippi Code of 1972, the licensing agency, the entity that is covered as well as its officers, agents employees, attorneys, and representatives, will be assumed to be acting in good faith when making an employment decision or decision made under this section. The presumption that they act in good faith could be overruled by a preponderance of proof in any civil case. The licensing agency, the covered entity, or their officers, agents or employees, lawyers, or representatives will be held accountable in any suit for discrimination in employment that alleges discrimination is raised concerning the employment decision governed by this section.
15 Miss. Code. R. SS 16-1-48.11.5
Miss. Code Ann. SS 43-11-13
Updated on 2022-08-04 21:33:49 by larry coleman