Utah Healthcare Background Check
To ensure professionalism and public trust, as well as safety for both individuals and families, the Utah code stipulates that every person who is associated with a licensed establishment (owner-director, director or governing body, employee or agent contractor, provider as well as volunteers) who are or is likely to have access to children or vulnerable adults must undergo an interview for criminal background. As long as the Office of Licensing has approved the screening, the applicant will not have direct access to children or vulnerable adults.
There are many possibilities for employers to choose from, dependent on their skills.
Working with vulnerable adults and children
Utah Code Annotated 53-10-108 permits qualifying organizations to request Utah criminal history records. This covers care, control, and custody of children's fiduciary trusts, national security interests, and the protection of vulnerable adults.
Public Law 105-251 105-251, the Volunteers for Children Act which modified the National Child Protection Act of 1993, was passed on September 9, 1998, to permit the qualified entities that provide care to vulnerable adults and children to apply for national fingerprint-based criminal history records checks for their employees and volunteers. For more details, you can take a look at the Application Form. Learn more about the Utah healthcare background check.
Private Entities and Private Adoption
The FBI has concluded that under Public Law 105-251, private entities have the right to access FBI criminal records. Therefore, from July 1, 2015, BCI will become eligible private organizations to submit fingerprint-based background checks to the FBI and supply these with FBI criminal data. This applies to any private company that provides child care placement services and adoptions. In addition, Utah is also authorized to provide FBI criminal records to private companies that meet the requirements as per Public Law 109-248 of the Adam Walsh Act. If your business is eligible, you can download the application here.
Public Law 95-544
Federal law permits local and state government officials authorized by state statutes to utilize FBI identity records for hiring and licensing. The law must be in place in the wake of the legislative enactment. It should require fingerprinting for the applicants. It must explicitly or implicitly authorize the usage of FBI records. It must specify the particular type of applicant. It cannot authorize the receipt of FBI criminal information from an individual or a private company. If your company is eligible, you can download it here.
If your company does not fall into any of the categories listed above, your best option is to ask your employees to contact BCI and/or the FBI to obtain a copy of their criminal records. (Find out more information about getting a copy of your personal Utah criminal record on this page.) Likewise, for information on national background checks, request that your employees contact the FBI to obtain a copy of their criminal history. (Find out more about how to obtain a copy of your personal FBI criminal record on this page.)
Privacy Statements and a Signed Waiver
All applicants should be informed that a criminal background check will be conducted per the guidelines within UCA 53-10-108(4) and will have the opportunity to challenge and review the findings from the background check.
UCA 53-10-108(4)(c)(i) prohibits the photocopy of background check information, including information from FBI databases that are provided to applicants. However, the applicant can request a copy by following the procedure outlined in the preceding section and Other employees.
In addition to the completed waiver, any entity that is a recipient of an FBI criminal history has to offer the applicant an FBI Privacy Act statement and the FBI Noncriminal Justice Application's Privacy Rights.
To learn more, contact BCI by calling 801-965-4445, selecting #6, and then #2. The hours of operation are from 8 am until 5 pm, Monday through Friday. We are closed on weekends and holidays.
University Rule 5-130 C: Criminal Background Checks for University Hospitals and Clinics Staff. Revision 0. Effective Date: October 2, 2017.
Scope and Purpose
Objective: To establish the University policy 5-130 (Policy concerning Criminal and other Background checks) for all University employees by describing the range of positions that require background checks, what kind of background checks the University might apply, and the process for making decisions.
This rule applies to University of Utah Hospitals and Clinics staff positions with employment, rehire, or transfer date on or after May 1, 2009. This rule does not apply to academic and faculty positions, which are controlled through separate rules (Rule 5-130A)
Definitions of terms in the University Policy 5130 apply to this rule.
Human Resources (HR) referred to in this rule is the HR employee or designated HR personnel appointed in HR by the department for providing HR-related consulting services.
Positions on the staff require the completion of a Criminal Background Check (CBC).
All University Hospital and Clinics personnel.
Employee employment actions that initiate a CBC:
- New hires
- Every new employee is subject to a CBC Rehires pre-employment
- Rehires are all subject to an interview CBC in the event of an absence of more than 30 calendar days.
Transfers (Promotion and lateral demotion) comprising Campus of U Health to the Hospitals and Clinics are required to complete a CBC for any employees who are transferring into positions that require a CBC as long as they have a CBC in place. The University has not yet completed a CBC for the individual. Promotion, lateral shift, or demotion from a position that requires a CBC is contingent upon the successful completion of the CBC.
Reasonable Cause provision
Universities, Hospitals, and Clinics can conduct background checks on current employees when a conclusion is that there are probable grounds to believe that the employee is at risk or has committed an offense.
Criminal Background Check (CBC) documents
The Standard Campus CBC package is a domestic United States search of Credit Bureau and other records that determine the areas of residence in the past seven years. Three aliases can be examined, and any convictions for misdemeanor or felony are made public. Standard Campus CBC package also includes an inspection on the Sex Offender Registry.
Based on the findings of the hiring department, in collaboration with consultation with Human Resources, more extensive CBC packages could be suitable. Other elements that could be part of a custom package are:
- Education, employment, or professional license confirmation.
- Fraud and Abuse Control Information System (FACIS).
- Office of Inspector General (OIG) Medicare Fraud Exclusion List, System for Award Management (SAM) Motor Vehicle Report, Credit Report, or other elements.
Criminal Background Check (CBC) adjudication
Suppose the results of a background check reveal a criminal background, which could be or might not be made public by the person applying or the employee. In that case, The Human Resource department at University Hospitals and Clinics starts a consultation process to assess and determine the CBC following University Policy 5-130 and the Fair Credit Reporting Act.
An initial examination of CBC results is performed by the Human Resources professional or designee to determine if there are any misdemeanor or felony convictions. If CBC results do not contain any convictions except for minor motor vehicle-related violations, Human Resources will clear the applicant for employment and inform the manager who hired them. However, suppose the CBC report has convictions for misdemeanor or felony that the person didn't disclose in the first instance. In that case, the person will not be cleared for employment because of the falsification of the report.
In the event of an inconsistency between the information that the person self-declared and what was disclosed on the CBC and it is the responsibility of the Human Resources professional may confer with the individual or the manager hiring them before deciding on the CBC. Suppose serious misdemeanors or felony conviction(s) are disclosed, and a decision has not been reached at the initial meeting with the hiring manager. In that case, they may consult with the Human Resources professional. They may engage an official from the Office of General Counsel, and the department's Cognizant Vice President or designates in the assessment. As an advisory consultant, Human Resources professionals will consult with the Human Resources professional will facilitate an assessment of the total danger to people and property. The Human Resources professional could decide that an applicant with a criminal background is deemed eligible to hold or gain the job or additional documentation is required. The risk assessment may comprise:
- the number of crimes that are committed;
- the gravity of the crime;
- the amount of time that has passed that they have been committed for;
- the possibility of recidivism
- the security for the position desired by the candidate or held by the
- an employee who is currently employed; and
- other factors that could be important.
- Costs. The University does not require new or current employees to cover the cost of the criminal or different background checks as a condition of being employed.
Updated on 2022-08-04 21:33:49 by larry coleman