Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS
Section 16.05.06.010 - DEFINITIONS

Universal Citation: ID Admin Code 16.05.06.010

Current through August 31, 2023

For the purposes of this chapter of rules, the following terms apply: (3-28-23)

01. Agency. An administrative subdivision of government or an establishment engaged in doing business for another entity. This term is synonymous with the term "employer". (3-28-23)

02. Application. An individual's request for a background check in which the individual discloses any convictions, pending charges, or child or adult protection findings, and authorizes the Department to obtain information from available databases and sources relating to the individual. (3-28-23)

03. Background Check Unit. The Department's Unit responsible for processing fingerprint-based background checks, and issuing clearances or denials according to these rules. (3-28-23)

04. Clearance. A clearance is a document designated by the Department as the official result of a completed background check with no disqualifying crimes or relevant records found. (3-28-23)

05. Conviction. An individual is considered to have been convicted of a criminal offense when: (3-28-23)

a. A judgment of conviction, or an adjudication, has been entered against the individual by any federal, state, military, or local court; (3-28-23)

b. There is a finding of guilt against the individual by any federal, state, military, or local court; (3-28-23)

c. A plea of guilty or nolo contendere by the individual has been accepted by any federal, state, military, or local court; (3-28-23)

d. An individual has entered into or participated in first offender, deferred adjudication, or another arrangement or program where judgment of conviction has been withheld. This includes when: (3-28-23)
i. An individual participates in a drug court; or (3-28-23)

ii. An individual participates in a mental health court. (3-28-23)

06. Criminal History and Background Check. A criminal history and background check is a fingerprint-based check of an individual's criminal record and other relevant records. Also referred to as "background check". (3-28-23)

07. Denial. A denial of clearance is issued by the Department when an individual has a relevant record or disqualifying crime under Sections 200 and 210 of these rules. (3-28-23)

08. Department. The Idaho Department of Health and Welfare or its designee. (3-28-23)

09. Direct Patient Access Employee. Any individual who has access to a patient or resident of a long term care provider or facility whether through employment or contract, and who has duties or performs tasks that involve (or may involve) one-on-one (1:1) contact with a patient or resident or has access to their personal belongings. Volunteers are not considered a Direct Patient Access employee of a long-term care provider or facility unless volunteers are required to undergo a background check under the rules applicable to that specific type of facility or provider. (3-28-23)

10. Disqualifying Crime. A disqualifying crime is a designated crime under Section 210 of these rules that results in the unconditional denial of an applicant. (3-28-23)

11. Employer. An entity that hires people to work in exchange for compensation. This term is synonymous with the term "agency". (3-28-23)

12. Enhanced Clearance. A clearance issued by the Department that includes a search of child protection registries in states or jurisdictions in which an applicant resided during the preceding five (5) years. (3-28-23)

13. Relevant Record. A record that is found in a search of criminal records or registries checked by the Department under Section 56-1004A, Idaho Code, and these rules. (3-28-23)

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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