Tennessee Healthcare Background Check
As of 1 October 2010, health care facilities and health professionals in Tennessee who hire individuals who are directly providing care for patients are required to conduct an identity check on these people or to obtain written confirmation that the required registry check has been conducted if a complete background check has not been performed.1 Health care professionals who comply with the requirement will be protected from criminal or civil responsibility based on the information provided by this registry verification, and that includes claims that stem from the service health care provider's decision not to hire and/or contract with an individual based on the information contained in the registry. In addition, mental health institutions are also required to fulfill additional responsibility under the new laws concerning background checks that have to be carried out on people who have direct involvement with or the responsibility of their clients. The specific rules of the new laws are listed below.
The Registry checks requirements for Health Care Facilities and Health Care Professionals
The new law requires certified health facilities, as well as the majority of licensed health professionals except for veterinarians, to conduct the "registry screening" before hiring or contracting with anyone who provides direct care to patients and has not had there is no background check has not been completed. The registry checks required by law include the following items:
- The national sex offender public registry site, coordinated with the U.S. Department of Justice It, must contain an individual state search for every state where the person has lived for the last seven (7) years, as well as the Tennessee Bureau of Investigation's registry for sexual offenders as well as
- Examining the adult abuse register that is maintained in any state where the individual has resided in the last seven (7) years and
- The department's elderly abuse registry.
The new registry checks are only applicable to those who will be able to provide direct contact with patients. They do not apply to office cleaning, medical equipment repair, or any other service where direct patient contact isn't required.
The health care institutions are additionally restricted from contracting with "any individual" to give direct assistance to patients or residents when the individual is listed on one of the registries listed above five. In contrast, health professionals are barred from hiring or contracting with the "applicant" with a name registered on one among the registries. Again, it is unclear if this is a deliberate difference - that health facilities are required to ensure that every one of their health care providers isn't included in any of the registries. Health specialists are solely responsible for ensuring that any new applicants aren't identified. But it's important to note that health care facilities might wish to review their staffing and policies regarding human resources accordingly.
Healthcare facilities and professionals must get written evidence from staffing firms and agencies that the mandatory Registry Checks are in place on those being provided to carry out the direct care of patients. Concerning these contracts with staffing companies, Healthcare facilities must follow the following steps:
- Retain and maintain written documents from the staffing agency or agency that a person has not been listed on any of the relevant registry sites; and/or
- Rely on the written contractual representations from the staffing firm that they've conducted the name searches as required by T.C.A.SS 68-11-271(a) (1)-(3) and that any person that the company provides is not in none of the registries.
Health professionals are required by law to get a written statement from the staffing firm that anyone who will be provided with the job isn't included on the relevant registries.
Professionals and health care facilities who conduct the required registry checks or obtain the required statements from their staffing agencies for those who provide direct patient care as per the new regulations are not at risk of criminal or civil liability solely based on registry information. The immunity also applies to claims arising from refusals to hire or contract with any person based on the information obtained from registries.
The new law also requires the Tennessee Department of Health to publish on its website and the websites of the relevant licensing boards a prominent hyperlink to the database for registry checks by 1 October 2010. Additionally, the relevant licensing boards will have to inform their licensees at least once a year about their obligations under the new registry checking law. Learn more about the Tennessee healthcare background check
Mental Health Organization Background Checks
In the new law, licensed mental health providers (MHOs) are required to conduct an arrest background check on each employee whose responsibilities involve direct contact with or accountability for service recipients. The MHO must inform the employee/applicant that the background check will be performed. In addition, the employee/applicant is required to furnish the following information details to the MHO within the ten (10) days of starting employment or the change in responsibility that includes the direct contact with or duty to the service recipients:
- The history of work in the past with an ongoing account of activities in the last (5) times;
- Three (3) persons as personal references, at least one (1) who must have known an applicant over at most 5 (5) five (5) years.
- An authorization to release all investigative records to be sent to the MHO to be examined to verify the accuracy of criminal offense details in an application with the MHO; and
- You can either (a) provide fingerprint samples for criminal history verification through TBI or the FBI. Tennessee Bureau of Investigation (TBI) or the Federal Bureau of Investigation (FBI) or
(b) an announcement of information in connection with an investigation into criminal history by a licensed state-licensed private investigation firm.
The MHO must check every previous work record and a personal reference before hiring a candidate. At the minimum, the MHO must:
- Directly communicate with (i) your most current employer and (ii) any employer that is identified to the candidate as having worked for applicants for at minimum six months during the last five (5) years.
- Directly communicate with at least two (2) references from the individual references cited by the applicant.
- In the first ten days after the start of employment of the individual, provide all the necessary information to the company which performs the background check.
The MHO is accountable for any expenses incurred by TBI, FBI, or the state-licensed private investigation firm.
What Should I Do Now
- All health medical facilities and health professionals that fall under the new legislation should revise and amend their hiring policies and ensure that a background check or registry check has been conducted for each candidate employee or contractor that will be in direct contact with patients.
- Health care facilities must also ensure that current employees and contractors responsible for direct contact with patients are not registered as a part of any above-mentioned registry systems.
- All health care professionals must ask their staffing providers to confirm in writing that every employee employed by the staffing firm for direct patient contact is not on the relevant registry.
- Mental health facilities will need to conduct the required criminal background checks for applicants and employees in direct contact with or in charge of MHO's clients.
63-1-116. Background checks on criminals for health care professionals.
(a) Each board or committee, council, or other governmental body that is created under title 63 of title 68, which is a part of the department, is authorized to issue the rules and regulations required to collect criminal background data on applicants before approval of any licenses or certificates, registrations or any other permits required for the practice of any of the health-related occupations controlled by the respective board, council, or other governmental body. In addition, the respective counsel, board committee, or another governmental entity can employ at any time, individually or with the help of others, one or more of the following techniques to further the attainment of the goals that are set out in the section below:
(1) Query the Tennessee Bureau of Investigation's (TBI) Tennessee criminal history records system to find one or more of these data:
(A) Tennessee criminal historical records;
(B) Tennessee repository for the apprehension of people (TRAP);
(C) State of Tennessee files of protection (STOP) and
(D) Criminal history records of the federal government and other states to which the TBI could have access. The criminal records from TBI. Federal bureau of investigation may be obtained for the purposes mentioned in section (a) only if fingerprints are taken and then submitted to the TBI;
(2) Require applicants to submit any information or investigative records before the division, division, or its agent or to any agency which contracts with the state which is required in order to verify whether the applicant was the victim of a crime.
(3) Require applicants to provide a fingerprint sample and pass an investigation of their criminal history to be performed by the TBI or another law enforcement agency or other legally authorized person or
(4) Require applicants to submit any form of proof or provide all information necessary for a criminal background inquiry by an accredited background screening agency and an online criminal background check service or registry.
(b) All costs that are incurred in the process of conducting the required criminal background checks must be paid by the person applying. Costs to be paid to the TBI must be done according to SSSS 38-6-103 and 38-6-10.
(c) Any board, council, or other governmental body that denies application restraints or limits any practice authorization based on information supplied to it following this section is exempt from lawsuits brought on behalf of the applicant in connection with the refusal, restriction, or condition.
(d) Initial rules issued according to this section can be adopted as emergency rules following the Uniform Administrative Procedures Act, which is contained in chapter 4 of title 4. 5.
[Acts 2007, ch. 182, Section 1, 2009, the ch. 566. SS 12.]
Title 68" Health, Safety and Environmental Protection Health Chapter 11 Health Facilities and Resources Part 2 Regulation of Health and Related Facilities SS # 68-11-256. Criminal background checks for the direct care staff of nursing homes.
Universal Citation: The TN Code is SS 68-11-256. (2019)
(a) Nursing homes, as described by SS 881-201, as well as assisted-care facilities, according to SS (68-11-201), must undergo an investigation into police background check before hiring any employed employee working in a position giving direct care to patients or residents.
(b) Anyone who seeks employment in an occupation that requires direct care for a resident or patient in an establishment must agree to any one of these:
(1) Give past employment and personal references to be inspected at the facility of nursing or assisted facility;
(2) Accept using and releasing any information or investigative records needed to determine if the person is guilty of a crime in this state. either the assisted-care residence or nursing home as well as its agents, to any agency contracted with this state, for any police agency, or any other legal institution;
(3). Provide the fingerprint sample and submit it to the state criminal records check that will be conducted through the Tennessee bureau of investigation or a federal and state criminal history record check to be performed through both the Tennessee department of investigations and the bureau of investigation or
(4) Give any information required to conduct a criminal background check by a professional background screening agency and a criminal background check service or registry.
(c) The nursing facility or assisted-care facility is not permitted to divulge the criminal background check information obtained under subsection (b) to anyone with no involvement in the evaluation of the person's employment unless following the state's law or federal.
(d) All costs paid from an organization such as the Tennessee Bureau of Investigation or professional background screening company and law enforcement agencies or other legally authorized organizations for conducting background checks of applicants can be borne by the nursing facility or assisted-care living facility or the agency which contracts with the state for the investigation and details or the individual who seeks to be employed. Costs towards the Tennessee bureau of investigation will be done according to SSSS 38-6-103, 38-6-109. The cost of conducting background checks on criminals will be allowed under the Medicaid state program when paid for from home for nursing.
(e) The provisions of this section also apply to any business, organization, or agency that offers or arranges for the provision of direct care personnel to any assisted-care residence or nursing home that is licensed in the state of Illinois. The organization, company, or agency is accountable for conducting an in-depth police background check on any person employed by the entity to work in a nursing facility or assisted-care facility. They are required to provide findings of the background check to any facility that the company can arrange for the person to perform the work on the facility's request.
(f) The nursing facility or assisted living facility that denies the employment or terminates an employee due to the criminal background information that is provided to the facility according to this section will be exempt from any suit brought on behalf of the individual to terminate the employment of or refusal to hire the person.
Updated on 2022-08-04 21:33:49 by larry coleman