Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 2 - MINIMUM STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE FACILITIES › Subchapter 5 - Administration and Management › Rule 15-16-1-2.5.13 - Criminal History Record Checks

Current through June 25, 2024
The covered entity shall require to be performed a
						disciplinary check with the professional licensing agency, if any, for each
						employee to determine if any disciplinary action has been taken against the
						employee by the agency, and a criminal history record check on:
1. Every new employee of a covered entity who
					 provides direct patient care or services and who is employed after or on July
					 01, 2003.
2. Every employee of a
					 covered entity employed prior to July 01, 2003, who has documented disciplinary
					 action by his or her present employer.
3. Except as otherwise provided in this
					 paragraph, no employee hired on or after July 01, 2003, shall be permitted to
					 provide direct patient care until the results of the criminal history check
					 have revealed no disqualifying record or the employee has been granted a
					 waiver. Provided the covered entity has documented evidence of submission of
					 fingerprints for the background check, any person may be employed and provide
					 direct patient care on a temporary basis pending the results of the criminal
					 history record check by any employment offer, contract, or arrangement with the
					 person shall be voidable, if he/she receives a disqualifying criminal record
					 check.
4. If such criminal history
					 record check discloses a criminal conviction; a guilty plea; and/or a plea of
					 nolo contendere to a crime that is job-related which has not been reversed on
					 appeal, or for which a pardon has not been granted, the applicant/employee may
					 not be eligible to be employed at the licensed facility.
5. Documentation of verification of the
					 employee's disciplinary status, if any, with the employee's professional
					 licensing agency as applicable, and evidence of submission of the employee's
					 fingerprints to the licensing agency must be on file and maintained by the
					 facility prior to the new employees first date of employment. The covered
					 entity shall maintain on file evidence of verification of the employee's
					 disciplinary status from any applicable professional licensing agency and
					 submission and/or completion of the criminal record check, the signed
					 affidavit, if applicable, and/or a copy of the referenced notarized letter
					 addressing the individual's suitability for such employment.
6. The covered entity may, in its discretion,
					 allow any employee applicant aggrieved by the employment decision under this
					 subsection to appear before the licensed entity's hiring officer, or his or her
					 designee, to show mitigating circumstances that may exist and allow the
					 employee or employee applicant to be employed at the
covered
					 entity
. The covered entity, upon report and recommendation of the hiring
					 officer, may grant waivers for those mitigating circumstances, which shall
					 include, but not be limited to:
(1) age at
					 which the crime was committed;
(2) 
					 circumstances surrounding the crime;
(3) length of time since the conviction and
					 criminal history since the conviction;
(4) work history;
(5) current employment and character
					 references; and
(6) other evidence
					 demonstrating the ability of the individual does not pose a threat to the
					 health or safety of the patients in the licensed facility.