Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.03.02 - SKILLED NURSING FACILITIES
Section 16.03.02.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Universal Citation: ID Admin Code 16.03.02.009

Current through August 31, 2023

01. Criminal History and Background Check. A skilled nursing facility must complete a criminal history and background check on employees and contractors hired or contracted with after October 1, 2007, who have direct patient access to residents in the skilled nursing facility. A Department check conducted under IDAPA 16.05.06, "Criminal History and Background Checks," satisfies this requirement. Other criminal history and background checks may be accepted provided they meet the criteria in Subsection 009.02 of this rule and the entity conducting the check issues written findings. The entity must provide a copy of these written findings to both the facility and the employee. (3-17-22)

02. Scope of a Criminal History and Background Check. The criminal history and background check must, at a minimum, be a fingerprint-based criminal history and background check that includes a search of the following record sources: (3-17-22)

a. Federal Bureau of Investigation (FBI); (3-17-22)

b. Idaho State Police Bureau of Criminal Identification; (3-17-22)

c. Sexual Offender Registry; (3-17-22)

d. Office of Inspector General List of Excluded Individuals and Entities; and (3-17-22)

e. Nurse Aide Registry. (3-17-22)

03. Availability to Work. Any direct resident access individual hired or contracted with on or after October 1, 2007, must self-disclose all arrests and convictions before having access to residents. The individual is allowed to only work under supervision until the criminal history and background check is completed. If a disqualifying crime as described in IDAPA 16.05.06, "Criminal History and Background Checks," is disclosed, the individual cannot have access to any resident. (3-17-22)

04. Submission of Fingerprints. The individual's fingerprints must be submitted to the entity conducting the criminal history and background check within twenty-one (21) days of their date of hire. (3-17-22)

05. New Criminal History and Background Check. An individual must have a criminal history and background check when: (3-17-22)

a. Accepting employment with a new employer; and (3-17-22)

b. Their last criminal history and background check was completed more than three (3) years prior to their date of hire. (3-17-22)

06. Use of Criminal History Check Within Three Years of Completion. Any employer may use a previous criminal history and background check obtained under these rules if: (3-17-22)

a. The individual has received a criminal history and background check within three (3) years of their date of hire; (3-17-22)

b. The employer has documentation of the criminal history and background check findings; (3-17-22)

c. The employer completes a state-only background check of the individual through the Idaho State Police Bureau of Criminal Identification; and (3-17-22)

d. No disqualifying crimes are found. (3-17-22)

07. Employer Discretion. The new employer, at its discretion, may require an individual to complete a criminal history and background check at any time, even if the individual has received a criminal history and background check within the three (3) years of their date of hire. (3-17-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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