{"ref":"PA-HH-HR-03","title":"Criminal History Checks, Child Abuse Clearances, and Provisional Hiring","category":"Human resources","summary":"Requires every applicant, and every administrator or operator with patient contact, to submit a Pennsylvania State Police criminal history record obtained within the past year, and an FBI fingerprint check with a Department of Aging determination if not a Pennsylvania resident for the past two years; sets the conditions and time limits for provisional hiring; requires an individualized assessment of any conviction in line with the Peake decision; and requires child abuse clearances for staff who care for children.","inShort":["Before you care for patients you need a Pennsylvania State Police criminal history record from the past year, and an FBI fingerprint check if you have not lived in Pennsylvania for the past 2 years.","If you start work before the results arrive, you sign a statement and an experienced employee observes your care.","Your results must be in your file by day 30 (State Police) or day 90 (FBI), or you cannot keep working.","A conviction does not automatically bar you, but you will not see patients until the Administrator has reviewed it.","Tell the Administrator within one working day if you are arrested, charged or convicted."],"primaryCitation":"35 P.S. §10225.502","citations":["35 P.S. §10225.502","35 P.S. §10225.503","35 P.S. §10225.505","35 P.S. §10225.506","6 Pa. Code §15.2","6 Pa. Code §15.141","6 Pa. Code §15.142","6 Pa. Code §15.143","6 Pa. Code §15.144","6 Pa. Code §15.145","6 Pa. Code §15.146","6 Pa. Code §15.147","23 Pa.C.S. §6344","23 Pa.C.S. §6344.4"],"federalCitations":["42 CFR §1001.1901"],"surveyorAsks":["Show me this aide’s State Police criminal history record. When was it obtained compared with the application date?","This nurse moved here last year. Where is her FBI determination letter from the Department of Aging?"],"forms":[{"ref":"PA-HH-HR-03-A","title":"Applicant Disclosure, Provisional Hire Affirmation, and Authorization for Background Checks"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (35 P.S. §10225.502)","5. Who Must Be Checked","6. Obtaining the Reports","7. Provisional Hiring","8. End of the Provisional Period","9. Reviewing Results and Making Decisions","10. Applicant and Employee Rights","11. Child Abuse Clearances for Staff Serving Children","12. Duty to Report New Charges or Convictions","13. Penalties","14. Responsibilities","15. Records and Compliance Monitoring","16. Staff Training","17. References","18. Related Policies and Forms","19. Approval","20. Revision History"],"version":"1.0","sample":false,"pack":"pa-hha","state":"Pennsylvania","service":"Home health","guides":[{"path":"/guides/abuse-neglect-exploitation-reporting/","h1":"Abuse, neglect and exploitation policies: what each state requires"},{"path":"/guides/home-health-agency-policies/","h1":"What policies and procedures are required for home health agencies?"},{"path":"/guides/home-health-conditions-of-participation/","h1":"Home health Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}