CHAPTER 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing
§ 5137. Legislative intent; definitions.
(a) Legislative intent. -- The General Assembly's purpose in requiring criminal background checks and drug testing of Department
of Health and Social Services' employees working at the Delaware Psychiatric Center is to protect the safety and well-being
of the patients of such facility. The provisions of this subchapter shall be broadly construed to accomplish this purpose.
(b) Definitions. --
(1) "Applicant" means either of the following:
a. A person seeking employment with the Department in any position at the Delaware Psychiatric Center; or
b. A current Department employee who seeks a promotion or transfer to any position at the Delaware Psychiatric Center.
(2) "Department" means the Department of Health and Social Services;
(3) "Reasonable suspicion" means the Department, acting through its supervisory personnel, has a reasonable basis to suspect
that a Delaware Psychiatric Center employee:
a. Has been convicted of a disqualifying crime since becoming employed; or
b. Is impaired by an illegal drug.
77 Del. Laws, c. 292, § 1.;
§ 5138. Criminal background checks.
(a) The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first
obtaining a report of the person's entire Delaware criminal history record from the State Bureau of Identification and a report
of the person's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title
II of Public Law 92-554.
(b) The State Bureau of Identification shall be the intermediary for the purpose of this section, and the Department shall
be the screening point for receipt of said federal criminal history checks.
(c) The Department shall promulgate regulations establishing the criteria for unsuitability for employment, including the
types of criminal convictions which shall automatically disqualify a person from working at the Delaware Psychiatric Center
and, as to other criminal convictions, the criteria for determining whether a particular individual is unsuitable for employment
at the Delaware Psychiatric Center.
(d) Conditional hire. -- Notwithstanding the provisions of subsection (a) of this section, whenever exigent circumstances
exist, and the Department must fill a position in order to maintain an appropriate level of patient care, the Department may
hire an applicant for a position at the Delaware Psychiatric Center on a conditional basis when the Department receives evidence
that the applicant has requested that applicant's own state and federal criminal history record, and has been fingerprinted
by the State Bureau of Identification. "Evidence" for purposes of this subsection shall be verification from the State Bureau
of Identification that the person has been fingerprinted and their state and federal criminal history records requested. The
final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt by the
Department of such applicant's State Bureau of Identification criminal history record verifying that there are no disqualifying
convictions, as defined by Department regulations, and a report by the Department that there are no disqualifying convictions
in such applicant's federal criminal record.
(e) The Department shall immediately terminate the employment any Delaware Psychiatric Center employee who is, or has been,
convicted of any disqualifying crime upon notification of such conviction.
(f) Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish
information to the Department pertaining to the entire Delaware criminal history record of any applicant. Such information
shall be provided to the Department pursuant to the procedures established by the Superintendent of the Delaware State Police.
The criminal history information provided to the Department is strictly confidential and its use is restricted to the purpose
of determining an applicant's suitability for employment at the Delaware Psychiatric Center.
(g) Every application for employment with the Department in a position at the Delaware Psychiatric Center shall require the
applicant to provide any and all information necessary for the Department to obtain a report of the person's entire criminal
history record from the State Bureau of Identification and a report of the person's entire federal criminal history record
pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-554. In addition, every application
for employment shall contain a signed statement from the applicant that the applicant grants full release for the Department
to request and obtain any such records or information contained on a criminal history record.
(h) Any individual who either fails to make a full and complete disclosure on an application, or a full and complete disclosure
of any information required to obtain a criminal history record as required by subsection (a) of this section, shall be subject
to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
(i) Except as otherwise noted in this subchapter, the costs for the State Bureau of Identification and Federal Bureau of Identification
background checks made pursuant to this section shall be borne by the Department. The Department, however, shall have the
right to require more frequent background checks at its own expense.
(j) The Department shall obtain a report of the person's state and federal criminal history whenever it has a reasonable suspicion
that a Delaware Psychiatric Center employee has been convicted of a disqualifying crime since becoming employed.
77 Del. Laws, c. 292, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5139. Drug testing required.
(a) Preemployment testing. -- The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric
Center without first obtaining the results of such applicant's mandatory drug screening.
(b) Reasonable suspicion testing. -- The Department, acting through its supervisory personnel, may also conduct a drug test
based on a reasonable suspicion that a Delaware Psychiatric Center employee is impaired by an illegal drug.
(c) Any person applying for employment with the Department in a position at the Delaware Psychiatric Center shall be required
to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations
shall require drug testing for the following controlled substances:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine ("PCP");
(5) Amphetamines;
(6) Any other controlled substances specified by the Department in the regulations promulgated pursuant to this subchapter.
(d) Conditional hire. -- Notwithstanding the provisions of this section, whenever exigent circumstances exist, and the Department
must fill a position in order to maintain an appropriate level of patient care, the Department may hire an applicant on a
conditional basis when the Department receives evidence that the applicant has actually had the appropriate drug screening.
The final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt of
the results of the drug screening. In addition, all applicants conditionally hired pursuant to § 5138 of this title shall
be informed and acknowledge in writing that the results of those applicants' drug screens have been requested. Under no circumstances
shall an applicant hired on a conditional basis pursuant to this subchapter remain employed on a conditional basis for more
than 2 months.
(e) Any applicant who wilfully fails to comply with the requirements of this section shall be subject to a civil penalty of
not less than $1,000 nor more than $5,000.
(f) The Department shall adopt policies and procedures for imposing sanctions, which may include suspension and termination,
upon any Delaware Psychiatric Center employee whose drug screen indicates that such employee has consumed an illegal drug
or drugs. However, no such employee shall be sanctioned when the person has used or consumed the drug or drugs detected according
to the directions and terms of a lawfully obtained prescription for such drug or drugs.
CHAPTER 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing
§ 5137. Legislative intent; definitions.
(a) Legislative intent. -- The General Assembly's purpose in requiring criminal background checks and drug testing of Department
of Health and Social Services' employees working at the Delaware Psychiatric Center is to protect the safety and well-being
of the patients of such facility. The provisions of this subchapter shall be broadly construed to accomplish this purpose.
(b) Definitions. --
(1) "Applicant" means either of the following:
a. A person seeking employment with the Department in any position at the Delaware Psychiatric Center; or
b. A current Department employee who seeks a promotion or transfer to any position at the Delaware Psychiatric Center.
(2) "Department" means the Department of Health and Social Services;
(3) "Reasonable suspicion" means the Department, acting through its supervisory personnel, has a reasonable basis to suspect
that a Delaware Psychiatric Center employee:
a. Has been convicted of a disqualifying crime since becoming employed; or
b. Is impaired by an illegal drug.
77 Del. Laws, c. 292, § 1.;
§ 5138. Criminal background checks.
(a) The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first
obtaining a report of the person's entire Delaware criminal history record from the State Bureau of Identification and a report
of the person's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title
II of Public Law 92-554.
(b) The State Bureau of Identification shall be the intermediary for the purpose of this section, and the Department shall
be the screening point for receipt of said federal criminal history checks.
(c) The Department shall promulgate regulations establishing the criteria for unsuitability for employment, including the
types of criminal convictions which shall automatically disqualify a person from working at the Delaware Psychiatric Center
and, as to other criminal convictions, the criteria for determining whether a particular individual is unsuitable for employment
at the Delaware Psychiatric Center.
(d) Conditional hire. -- Notwithstanding the provisions of subsection (a) of this section, whenever exigent circumstances
exist, and the Department must fill a position in order to maintain an appropriate level of patient care, the Department may
hire an applicant for a position at the Delaware Psychiatric Center on a conditional basis when the Department receives evidence
that the applicant has requested that applicant's own state and federal criminal history record, and has been fingerprinted
by the State Bureau of Identification. "Evidence" for purposes of this subsection shall be verification from the State Bureau
of Identification that the person has been fingerprinted and their state and federal criminal history records requested. The
final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt by the
Department of such applicant's State Bureau of Identification criminal history record verifying that there are no disqualifying
convictions, as defined by Department regulations, and a report by the Department that there are no disqualifying convictions
in such applicant's federal criminal record.
(e) The Department shall immediately terminate the employment any Delaware Psychiatric Center employee who is, or has been,
convicted of any disqualifying crime upon notification of such conviction.
(f) Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish
information to the Department pertaining to the entire Delaware criminal history record of any applicant. Such information
shall be provided to the Department pursuant to the procedures established by the Superintendent of the Delaware State Police.
The criminal history information provided to the Department is strictly confidential and its use is restricted to the purpose
of determining an applicant's suitability for employment at the Delaware Psychiatric Center.
(g) Every application for employment with the Department in a position at the Delaware Psychiatric Center shall require the
applicant to provide any and all information necessary for the Department to obtain a report of the person's entire criminal
history record from the State Bureau of Identification and a report of the person's entire federal criminal history record
pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-554. In addition, every application
for employment shall contain a signed statement from the applicant that the applicant grants full release for the Department
to request and obtain any such records or information contained on a criminal history record.
(h) Any individual who either fails to make a full and complete disclosure on an application, or a full and complete disclosure
of any information required to obtain a criminal history record as required by subsection (a) of this section, shall be subject
to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
(i) Except as otherwise noted in this subchapter, the costs for the State Bureau of Identification and Federal Bureau of Identification
background checks made pursuant to this section shall be borne by the Department. The Department, however, shall have the
right to require more frequent background checks at its own expense.
(j) The Department shall obtain a report of the person's state and federal criminal history whenever it has a reasonable suspicion
that a Delaware Psychiatric Center employee has been convicted of a disqualifying crime since becoming employed.
77 Del. Laws, c. 292, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5139. Drug testing required.
(a) Preemployment testing. -- The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric
Center without first obtaining the results of such applicant's mandatory drug screening.
(b) Reasonable suspicion testing. -- The Department, acting through its supervisory personnel, may also conduct a drug test
based on a reasonable suspicion that a Delaware Psychiatric Center employee is impaired by an illegal drug.
(c) Any person applying for employment with the Department in a position at the Delaware Psychiatric Center shall be required
to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations
shall require drug testing for the following controlled substances:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine ("PCP");
(5) Amphetamines;
(6) Any other controlled substances specified by the Department in the regulations promulgated pursuant to this subchapter.
(d) Conditional hire. -- Notwithstanding the provisions of this section, whenever exigent circumstances exist, and the Department
must fill a position in order to maintain an appropriate level of patient care, the Department may hire an applicant on a
conditional basis when the Department receives evidence that the applicant has actually had the appropriate drug screening.
The final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt of
the results of the drug screening. In addition, all applicants conditionally hired pursuant to § 5138 of this title shall
be informed and acknowledge in writing that the results of those applicants' drug screens have been requested. Under no circumstances
shall an applicant hired on a conditional basis pursuant to this subchapter remain employed on a conditional basis for more
than 2 months.
(e) Any applicant who wilfully fails to comply with the requirements of this section shall be subject to a civil penalty of
not less than $1,000 nor more than $5,000.
(f) The Department shall adopt policies and procedures for imposing sanctions, which may include suspension and termination,
upon any Delaware Psychiatric Center employee whose drug screen indicates that such employee has consumed an illegal drug
or drugs. However, no such employee shall be sanctioned when the person has used or consumed the drug or drugs detected according
to the directions and terms of a lawfully obtained prescription for such drug or drugs.
CHAPTER 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing
§ 5137. Legislative intent; definitions.
(a) Legislative intent. -- The General Assembly's purpose in requiring criminal background checks and drug testing of Department
of Health and Social Services' employees working at the Delaware Psychiatric Center is to protect the safety and well-being
of the patients of such facility. The provisions of this subchapter shall be broadly construed to accomplish this purpose.
(b) Definitions. --
(1) "Applicant" means either of the following:
a. A person seeking employment with the Department in any position at the Delaware Psychiatric Center; or
b. A current Department employee who seeks a promotion or transfer to any position at the Delaware Psychiatric Center.
(2) "Department" means the Department of Health and Social Services;
(3) "Reasonable suspicion" means the Department, acting through its supervisory personnel, has a reasonable basis to suspect
that a Delaware Psychiatric Center employee:
a. Has been convicted of a disqualifying crime since becoming employed; or
b. Is impaired by an illegal drug.
77 Del. Laws, c. 292, § 1.;
§ 5138. Criminal background checks.
(a) The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first
obtaining a report of the person's entire Delaware criminal history record from the State Bureau of Identification and a report
of the person's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title
II of Public Law 92-554.
(b) The State Bureau of Identification shall be the intermediary for the purpose of this section, and the Department shall
be the screening point for receipt of said federal criminal history checks.
(c) The Department shall promulgate regulations establishing the criteria for unsuitability for employment, including the
types of criminal convictions which shall automatically disqualify a person from working at the Delaware Psychiatric Center
and, as to other criminal convictions, the criteria for determining whether a particular individual is unsuitable for employment
at the Delaware Psychiatric Center.
(d) Conditional hire. -- Notwithstanding the provisions of subsection (a) of this section, whenever exigent circumstances
exist, and the Department must fill a position in order to maintain an appropriate level of patient care, the Department may
hire an applicant for a position at the Delaware Psychiatric Center on a conditional basis when the Department receives evidence
that the applicant has requested that applicant's own state and federal criminal history record, and has been fingerprinted
by the State Bureau of Identification. "Evidence" for purposes of this subsection shall be verification from the State Bureau
of Identification that the person has been fingerprinted and their state and federal criminal history records requested. The
final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt by the
Department of such applicant's State Bureau of Identification criminal history record verifying that there are no disqualifying
convictions, as defined by Department regulations, and a report by the Department that there are no disqualifying convictions
in such applicant's federal criminal record.
(e) The Department shall immediately terminate the employment any Delaware Psychiatric Center employee who is, or has been,
convicted of any disqualifying crime upon notification of such conviction.
(f) Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish
information to the Department pertaining to the entire Delaware criminal history record of any applicant. Such information
shall be provided to the Department pursuant to the procedures established by the Superintendent of the Delaware State Police.
The criminal history information provided to the Department is strictly confidential and its use is restricted to the purpose
of determining an applicant's suitability for employment at the Delaware Psychiatric Center.
(g) Every application for employment with the Department in a position at the Delaware Psychiatric Center shall require the
applicant to provide any and all information necessary for the Department to obtain a report of the person's entire criminal
history record from the State Bureau of Identification and a report of the person's entire federal criminal history record
pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-554. In addition, every application
for employment shall contain a signed statement from the applicant that the applicant grants full release for the Department
to request and obtain any such records or information contained on a criminal history record.
(h) Any individual who either fails to make a full and complete disclosure on an application, or a full and complete disclosure
of any information required to obtain a criminal history record as required by subsection (a) of this section, shall be subject
to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
(i) Except as otherwise noted in this subchapter, the costs for the State Bureau of Identification and Federal Bureau of Identification
background checks made pursuant to this section shall be borne by the Department. The Department, however, shall have the
right to require more frequent background checks at its own expense.
(j) The Department shall obtain a report of the person's state and federal criminal history whenever it has a reasonable suspicion
that a Delaware Psychiatric Center employee has been convicted of a disqualifying crime since becoming employed.
77 Del. Laws, c. 292, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5139. Drug testing required.
(a) Preemployment testing. -- The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric
Center without first obtaining the results of such applicant's mandatory drug screening.
(b) Reasonable suspicion testing. -- The Department, acting through its supervisory personnel, may also conduct a drug test
based on a reasonable suspicion that a Delaware Psychiatric Center employee is impaired by an illegal drug.
(c) Any person applying for employment with the Department in a position at the Delaware Psychiatric Center shall be required
to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations
shall require drug testing for the following controlled substances:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine ("PCP");
(5) Amphetamines;
(6) Any other controlled substances specified by the Department in the regulations promulgated pursuant to this subchapter.
(d) Conditional hire. -- Notwithstanding the provisions of this section, whenever exigent circumstances exist, and the Department
must fill a position in order to maintain an appropriate level of patient care, the Department may hire an applicant on a
conditional basis when the Department receives evidence that the applicant has actually had the appropriate drug screening.
The final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt of
the results of the drug screening. In addition, all applicants conditionally hired pursuant to § 5138 of this title shall
be informed and acknowledge in writing that the results of those applicants' drug screens have been requested. Under no circumstances
shall an applicant hired on a conditional basis pursuant to this subchapter remain employed on a conditional basis for more
than 2 months.
(e) Any applicant who wilfully fails to comply with the requirements of this section shall be subject to a civil penalty of
not less than $1,000 nor more than $5,000.
(f) The Department shall adopt policies and procedures for imposing sanctions, which may include suspension and termination,
upon any Delaware Psychiatric Center employee whose drug screen indicates that such employee has consumed an illegal drug
or drugs. However, no such employee shall be sanctioned when the person has used or consumed the drug or drugs detected according
to the directions and terms of a lawfully obtained prescription for such drug or drugs.