Pennsylvania Code
Title 6 - AGING
Part I - Department of Aging
Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS
CRIMINAL HISTORY RECORD INFORMATION REPORTS
Section 15.143 - Facility responsibilities
Current through Register Vol. 54, No. 44, November 2, 2024
(a) A facility may not hire an applicant nor retain an employee required to submit a criminal history report if the criminal history report reveals a felony conviction under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101-780-144).
(b) A facility may not hire an applicant nor retain any employee required to submit a criminal history report if the criminal history report reveals a conviction under one or more of the following provisions of 18 Pa.C.S. (relating to the Crimes Code):
(c) A facility may not hire an applicant nor retain an employee required to submit a criminal history report if the criminal history report reveals conviction of a Federal or out-of-State offense similar in nature, as determined by the Department, to those listed in subsections (a) and (b).
(d) A facility shall ensure that applicant or employee responsibility to obtain criminal history reports is explained to each applicant or employee orally and in writing in a language understood by the applicant or employee.
(e) Facilities shall maintain employment records which include copies of completed request forms for criminal history reports, State Police criminal history records and Department letters of determination regarding Federal criminal history records.
(f) An administrator shall assure that information obtained from State Police criminal history records and Department letters of determination regarding Federal criminal history records remain confidential and are used solely to determine an applicant's eligibility for employment or an employee's eligibility for retention.
(g) If the decision not to hire or to terminate employment is based in whole or in part on State Police criminal history records, Department letters of determination regarding Federal criminal history records, or both, facilities shall provide applicants and employees with information on how to appeal to the sources of criminal history records if they believe the records are in error.
This section cited in 6 Pa. Code § 15.41 (relating to reports required to be investigated); 6 Pa. Code § 15.146 (relating to provisional hiring); 6 Pa. Code § 15.147 (relating to violations); and 28 Pa. Code §611.52 (relating to criminal background checks).
