Current through all regulations passed and filed through September 16, 2024
(A)
A home health
agency may employ an applicant conditionally prior to obtaining a criminal
records check regarding the applicant if the:
(1)
Review of the
state and national databases required by rule
3701-60-05 of the Administrative
Code does not reveal any disqualifying information;
(2)
The applicant
provides the home health agency with a completed fingerprint impression sheet
before the commencement of the applicant's conditional employment;
and
(3)
Chief administrator of the home health agency requests
the criminal records check required by rule
3701-60-06 of the Administrative
Code not later than five business days after the applicant begins conditional
employment; or
(4)
Applicant is referred to the home health agency by an
employment service, the employment service or the applicant provides the chief
administrator of the agency a letter that is on the letterhead of the
employment service, the letter is dated and signed by a supervisor or another
designated official of the employment service, and the letter states all of the
following:
(a)
That the employment service has requested the superintendent
to conduct a criminal records check regarding the applicant;
(b)
That the
requested criminal records check is to include a determination of whether the
applicant has been convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense;
(c)
That the
employment service has not received the results of the criminal records check
as of the date set forth on the letter; and
(d)
That the
employment service promptly will send a copy of the results of the criminal
records check to the chief administrator of the home health agency when the
employment service receives the results.
(B)
If a home health
agency employs an applicant conditionally pursuant to paragraph (A) (2) of this
rule, the employment service, on its receipt of the results of the criminal
records check, promptly shall send a copy of the results to the chief
administrator of the agency.
(C)
The home health
agency shall not employ an applicant prior to obtaining the completed form or
forms and standard fingerprint impression sheet or sheets from the applicant as
required in paragraph (F) of rule
3701-60-06 of the Administrative
Code. For purposes of this prohibition, the applicant cannot perform or
participate in any job related activity pertaining to a position involving the
provision of direct care to an individual that places the applicant in an
active pay status.
(D)
The home health agency shall terminate the individual's
conditional employment if:
(1)
In the case of an applicant for a position providing
direct care to an individual, the results of the records check, other than the
results of any request for information from the United States federal bureau of
investigation, are not obtained within sixty days after the date the request is
made; or
(2)
The results or any part of the records check indicate
that the individual has been convicted of or pleaded guilty to any of the
offenses listed or described in paragraph (A) of rule
3701-60-08 of the Administrative
Code, unless the home health agency chooses to employ the applicant pursuant to
rule 3701-60-09 of the Administrative
Code.
(E)
Termination under paragraph (D) of this rule shall be
considered just cause for discharge for purposes of division (D)(2) of section
4141.29 of the Revised Code if
the individual makes any attempt to deceive the home health agency about the
individual's criminal record.
Replaces: 3701-60-07
