Current through Register Vol. 48, No. 12, March 22, 2024
a)
Any student, applicant, individual receiving services from a workforce
intermediary or organization providing pro bono legal services, or employee
listed on the Health Care Worker Registry may request a waiver of the
prohibition against employment by:
1)
Completing a waiver application on a form prescribed by the Department
of Public Health:
A) If the
individual has previously been employed, the individual shall provide a work
history or attach a resume covering the most recent five-year period;
B) If the individual has been convicted in
another state, the individual shall provide information concerning those
convictions or attach the complete results of a criminal history records check
from the other state; and
C) If the
individual has a federal conviction, the individual shall provide information
concerning that conviction or attach the complete results of a criminal history
records check from the Federal Bureau of Investigation.
2)
Providing a written explanation of
each conviction, to include:A)
what happened;
B)
how many years have passed since the offense;
C)
the individuals
involved;
D)
the
age of the individual at the time of the offense; and
E)
any other circumstances
surrounding the offense (Section 40(a) of the Act);
3) Providing proof of completion
of a rehabilitation program, if the use of alcohol or other drugs was involved
in the offense, and the individual was ordered to participate in a
rehabilitation program as part of the judgment;
4)
Providing official documentation
showing that all fines have been paid, if applicable, except in the
instance of payment of court-imposed fines or restitutions in which the
individual is adhering to a payment schedule, and the date
probation (or mandatory supervised release) or parole was
satisfactorily completed, if applicable (Section 40(a) of the Act);
and
5) Submitting the results of a
fingerprint-based criminal history records check.
b)
The individual may, but is not
required to, submit employment and character references and any other evidence
demonstrating the ability of the individual or employee to perform the
employment responsibilities competently and evidence that the individual does
not pose a threat to the health or safety of residents, patients, or
clients. (Section 40(b) of the Act)
c) A request for a waiver will automatically
be denied unless the individual has met the time periods in Section
955.270(d).
d) Each request for waiver consideration
shall be accompanied by a fully completed waiver application. The waiver
application will not be deemed complete until the Department has received all
of the information required by this Section.