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South Dakota Healthcare Background Check

South Dakota Codified Law (SDCL) requires background checks for licensed child caregivers, household members older than 18 and their assistants, staff members working in licensed centers, and informal and in-home providers. This includes employees, providers, or household members who oversee children in care or are supervised but not able to access children who are in care. The following types of background screening are mandated by law:


  • A search of the Central Register for Child Abuse and Neglect
  • A search on the Sex Offender Registry
  • A South Dakota criminal record fingerprint check
  • The Federal Bureau of Investigation (FBI) fingerprint checks on criminal records.
  • A National Crime Information Center (NCIC) Registry checks for a sexual offender.

A staff member or a provider must formally request a background check from the Department before employment and/or be registered. A Central Registry of Child Abuse and Neglect background check must be completed and results put on the file before engaging with children in the home or a center or before a registration certificate is given to a registered provider. The employee or the provider may be employed before the program receives the remainder of the results from the check. The employee is overseen by someone at the center who completed the entire background check, and the results are kept on record. After all, checks are done, Child Care Services sends an email to the center informing the program if the worker is eligible or not eligible to be a provider. Learn more about the South Dakota healthcare background check.

 

 

Suppose the results of a background check include offenses outlined below. In that case, Child Care Services will issue a letter to the company stating that the employee is not eligible to become a provider.

Infractions that prohibit individuals from working in a Child Care Setting

South Dakota Codified Laws (SDCL) and Administrative Rules of South Dakota (ARSD) prevent certain people from being certified or licensed child care professionals when they have a conviction for one of the following offenses:

  • A crime that could be a sign of harmful behavior towards children;
  • A crime of violence according to SDCL 22-1-2;
  • child abuse as defined in chapters 26-10
  • an offense of sex following chapters 22, or 22-22A-3;
  • criminal spousal abuse, physical assault, or battery in violation of the law;
  • within the last five years, or in the preceding five years, and
  • Anyone whose name is in the central registry for children's neglect and abuse. This includes similar laws that are enacted by other states.

The name of a person who appears on the sex offenders registry and no one who is listed on the National Registry for Child Abuse and Neglect can provide the care of an unregistered or registered family day care provider or be employed in an approved child care facility.

A person isn't eligible to participate in an organization if:

1. Do not consent to a background check;

2. Intentionally make false statements when conducting background checks. background check; or

3. Are you registered or required to be registered on a state sex offenders registry?

The new law of the state applies to those who provide medical emergency services and ambulatory care

Adopted in 2022 on the 8th of March, the law of 2022 is a new South Dakota law mandates that background checks for criminals are mandatory to:

  • Employees of the ambulatory service;
  • Emergency medical technicians and
  • Advanced Life Support Personnel.

South Dakota Legislature House Bill 1122 (H.B. 1122) requires that each applicant for certification/licensure for any of the positions mentioned above must submit to a state and federal criminal background check to be conducted via fingerprint collection. The applicant's fingerprints must be provided to the Division of Criminal Investigation (Division) to conduct an in-depth Criminal background check by both the Division and the FBI. The applicants will have to sign the release of information form with the South Dakota Board of Medical and Osteopathic Examiners (Board) and pay any costs for the fingerprint collection or background check process.

After the test is complete, the results will be sent to the Board. The Board will then utilize this information to decide the applicant's certification/licensure status. Certifications or licenses cannot be issued to applicants before the Board scrutinizes the applicant's criminal history and decision.

Employers are urged to read the specifics of H.B. 1122 and ensure that their internal background checks are adapted to the new requirements. For Certiphi customers with doubts or questions about the provisions of the latest bill, contact the client services or your account manager.


Updated on 2022-08-04 21:33:49 by larry coleman

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