Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 4 - MINIMUM STANDARDS OF OPERATION FOR POST-ACUTE RESIDENTIAL BRAIN INJURY REHABILITATION FACILITIES › Subchapter 10 - ORGANIZATION AND ADMINISTRATION › Rule 15-16-1-4.10.6 - Criminal History Record Checks

Current through June 25, 2024
1. Definitions.
a. 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.
b. Employee. For the purpose of
					 fingerprinting and criminal background history checks, employee shall mean any
					 individual employed by a covered entity. The term "employee" also includes any
					 individual who by contract with the covered entity provides direct client care
					 in a client's room or in treatment rooms.
c. The term employee does not include
					 healthcare professional/technical students, as defined in Section
					 37-29-232,
					 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 clients 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; and
ii. The student has signed the affidavit that
					 is on file at the student's school stating that he or she has not 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
					 sex offenses listed in section
					 45-33-23(g),
					 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
					 are exempt from application of the term employee under Section
					 41-75-13.
d.
Covered
					 Entity.
For the purpose of criminal history record checks, "covered
					 entity" means a licensed entity or a healthcare professional staffing agency.
e.
Licensed Entity.
For the purpose of criminal history record checks, the term "licensed entity"
					 means an RBIR.
f.
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.
g.
Direct Client Care or
					 Services.
For the purposes of fingerprinting and criminal background
					 history checks, the term "direct client care" means direct hands-on medical
					 client care and services provided by an individual to a client, in a client's
					 room or treatment room. Individuals providing direct client care may be
					 directly employed by the facility or provides client care on a contractual
					 basis.
h.
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 client.