Criminal background checks of employees, required when--persons withcriminal history not to be hired, when, penalty--failure to disclose,penalty--improper hirings, penalty--definitions--rules to waivehiring restrictions.
660.317. 1. For the purposes of this section, the term "provider" meansany person, corporation or association who:
(1) Is licensed as an operator pursuant to chapter 198, RSMo;
(2) Provides in-home services under contract with the department;
(3) Employs nurses or nursing assistants for temporary or intermittentplacement in health care facilities;
(4) Is an entity licensed pursuant to chapter 197, RSMo;
(5) Is a public or private facility, day program, residential facilityor specialized service operated, funded or licensed by the department ofmental health; or
(6) Is a licensed adult day care provider.
2. For the purpose of this section "patient or resident" has the samemeaning as such term is defined in section 43.540, RSMo.
3. Prior to allowing any person who has been hired as a full-time,part-time or temporary position to have contact with any patient or residentthe provider shall, or in the case of temporary employees hired through orcontracted for an employment agency, the employment agency shall prior tosending a temporary employee to a provider:
(1) Request a criminal background check as provided in section 43.540,RSMo. Completion of an inquiry to the highway patrol for criminal recordsthat are available for disclosure to a provider for the purpose of conductingan employee criminal records background check shall be deemed to fulfill theprovider's duty to conduct employee criminal background checks pursuant tothis section; except that, completing the inquiries pursuant to thissubsection shall not be construed to exempt a provider from further inquirypursuant to common law requirements governing due diligence. If an applicanthas not resided in this state for five consecutive years prior to the date ofhis or her application for employment, the provider shall request a nationwidecheck for the purpose of determining if the applicant has a prior criminalhistory in other states. The fingerprint cards and any required fees shall besent to the highway patrol's central repository. The first set offingerprints shall be used for searching the state repository of criminalhistory information. If no identification is made, the second set offingerprints shall be forwarded to the Federal Bureau of Investigation,Identification Division, for the searching of the federal criminal historyfiles. The patrol shall notify the submitting state agency of any criminalhistory information or lack of criminal history information discovered on theindividual. The provisions relating to applicants for employment who have notresided in this state for five consecutive years shall apply only to personswho have no employment history with a licensed Missouri facility during thatfive-year period. Notwithstanding the provisions of section 610.120, RSMo,all records related to any criminal history information discovered shall beaccessible and available to the provider making the record request; and
(2) Make an inquiry to the department of health and senior serviceswhether the person is listed on the employee disqualification list as providedin section 660.315.
4. When the provider requests a criminal background check pursuant tosection 43.540, RSMo, the requesting entity may require that the applicantreimburse the provider for the cost of such record check. When a providerrequests a nationwide criminal background check pursuant to subdivision (1) ofsubsection 3 of this section, the total cost to the provider of any backgroundcheck required pursuant to this section shall not exceed five dollars whichshall be paid to the state. State funding and the obligation of a provider toobtain a nationwide criminal background check shall be subject to theavailability of appropriations.
5. An applicant for a position to have contact with patients orresidents of a provider shall:
(1) Sign a consent form as required by section 43.540, RSMo, so theprovider may request a criminal records review;
(2) Disclose the applicant's criminal history. For the purposes of thissubdivision "criminal history" includes any conviction or a plea of guilty toa misdemeanor or felony charge and shall include any suspended imposition ofsentence, any suspended execution of sentence or any period of probation orparole; and
(3) Disclose if the applicant is listed on the employee disqualificationlist as provided in section 660.315.
6. An applicant who knowingly fails to disclose his or her criminalhistory as required in subsection 5 of this section is guilty of a class Amisdemeanor. A provider is guilty of a class A misdemeanor if the providerknowingly hires or retains a person to have contact with patients or residentsand the person has been convicted of, pled guilty to or nolo contendere inthis state or any other state or has been found guilty of a crime, which ifcommitted in Missouri would be a class A or B felony violation of chapter 565,566 or 569, RSMo, or any violation of subsection 3 of section 198.070, RSMo,or section 568.020, RSMo.
7. Any in-home services provider agency or home health agency shall beguilty of a class A misdemeanor if such agency knowingly employs a person toprovide in-home services or home health services to any in-home servicesclient or home health patient and such person either refuses to register withthe family care safety registry or is listed on any of the background checklists in the family care safety registry pursuant to sections 210.900 to210.937, RSMo.
8. The highway patrol shall examine whether protocols can be developedto allow a provider to request a statewide fingerprint criminal records reviewcheck through local law enforcement agencies.
9. A provider may use a private investigatory agency rather than thehighway patrol to do a criminal history records review check, andalternatively, the applicant pays the private investigatory agency such feesas the provider and such agency shall agree.
10. Except for the hiring restriction based on the department of healthand senior services employee disqualification list established pursuant tosection 660.315, the department of health and senior services shall promulgaterules and regulations to waive the hiring restrictions pursuant to thissection for good cause. For purposes of this section, "good cause" means thedepartment has made a determination by examining the employee's prior workhistory and other relevant factors that such employee does not present a riskto the health or safety of residents.
Criminal background checks of employees, required when--persons withcriminal history not to be hired, when, penalty--failure to disclose,penalty--improper hirings, penalty--definitions--rules to waivehiring restrictions.
660.317. 1. For the purposes of this section, the term "provider" meansany person, corporation or association who:
(1) Is licensed as an operator pursuant to chapter 198, RSMo;
(2) Provides in-home services under contract with the department;
(3) Employs nurses or nursing assistants for temporary or intermittentplacement in health care facilities;
(4) Is an entity licensed pursuant to chapter 197, RSMo;
(5) Is a public or private facility, day program, residential facilityor specialized service operated, funded or licensed by the department ofmental health; or
(6) Is a licensed adult day care provider.
2. For the purpose of this section "patient or resident" has the samemeaning as such term is defined in section 43.540, RSMo.
3. Prior to allowing any person who has been hired as a full-time,part-time or temporary position to have contact with any patient or residentthe provider shall, or in the case of temporary employees hired through orcontracted for an employment agency, the employment agency shall prior tosending a temporary employee to a provider:
(1) Request a criminal background check as provided in section 43.540,RSMo. Completion of an inquiry to the highway patrol for criminal recordsthat are available for disclosure to a provider for the purpose of conductingan employee criminal records background check shall be deemed to fulfill theprovider's duty to conduct employee criminal background checks pursuant tothis section; except that, completing the inquiries pursuant to thissubsection shall not be construed to exempt a provider from further inquirypursuant to common law requirements governing due diligence. If an applicanthas not resided in this state for five consecutive years prior to the date ofhis or her application for employment, the provider shall request a nationwidecheck for the purpose of determining if the applicant has a prior criminalhistory in other states. The fingerprint cards and any required fees shall besent to the highway patrol's central repository. The first set offingerprints shall be used for searching the state repository of criminalhistory information. If no identification is made, the second set offingerprints shall be forwarded to the Federal Bureau of Investigation,Identification Division, for the searching of the federal criminal historyfiles. The patrol shall notify the submitting state agency of any criminalhistory information or lack of criminal history information discovered on theindividual. The provisions relating to applicants for employment who have notresided in this state for five consecutive years shall apply only to personswho have no employment history with a licensed Missouri facility during thatfive-year period. Notwithstanding the provisions of section 610.120, RSMo,all records related to any criminal history information discovered shall beaccessible and available to the provider making the record request; and
(2) Make an inquiry to the department of health and senior serviceswhether the person is listed on the employee disqualification list as providedin section 660.315.
4. When the provider requests a criminal background check pursuant tosection 43.540, RSMo, the requesting entity may require that the applicantreimburse the provider for the cost of such record check. When a providerrequests a nationwide criminal background check pursuant to subdivision (1) ofsubsection 3 of this section, the total cost to the provider of any backgroundcheck required pursuant to this section shall not exceed five dollars whichshall be paid to the state. State funding and the obligation of a provider toobtain a nationwide criminal background check shall be subject to theavailability of appropriations.
5. An applicant for a position to have contact with patients orresidents of a provider shall:
(1) Sign a consent form as required by section 43.540, RSMo, so theprovider may request a criminal records review;
(2) Disclose the applicant's criminal history. For the purposes of thissubdivision "criminal history" includes any conviction or a plea of guilty toa misdemeanor or felony charge and shall include any suspended imposition ofsentence, any suspended execution of sentence or any period of probation orparole; and
(3) Disclose if the applicant is listed on the employee disqualificationlist as provided in section 660.315.
6. An applicant who knowingly fails to disclose his or her criminalhistory as required in subsection 5 of this section is guilty of a class Amisdemeanor. A provider is guilty of a class A misdemeanor if the providerknowingly hires or retains a person to have contact with patients or residentsand the person has been convicted of, pled guilty to or nolo contendere inthis state or any other state or has been found guilty of a crime, which ifcommitted in Missouri would be a class A or B felony violation of chapter 565,566 or 569, RSMo, or any violation of subsection 3 of section 198.070, RSMo,or section 568.020, RSMo.
7. Any in-home services provider agency or home health agency shall beguilty of a class A misdemeanor if such agency knowingly employs a person toprovide in-home services or home health services to any in-home servicesclient or home health patient and such person either refuses to register withthe family care safety registry or is listed on any of the background checklists in the family care safety registry pursuant to sections 210.900 to210.937, RSMo.
8. The highway patrol shall examine whether protocols can be developedto allow a provider to request a statewide fingerprint criminal records reviewcheck through local law enforcement agencies.
9. A provider may use a private investigatory agency rather than thehighway patrol to do a criminal history records review check, andalternatively, the applicant pays the private investigatory agency such feesas the provider and such agency shall agree.
10. Except for the hiring restriction based on the department of healthand senior services employee disqualification list established pursuant tosection 660.315, the department of health and senior services shall promulgaterules and regulations to waive the hiring restrictions pursuant to thissection for good cause. For purposes of this section, "good cause" means thedepartment has made a determination by examining the employee's prior workhistory and other relevant factors that such employee does not present a riskto the health or safety of residents.
Criminal background checks of employees, required when--persons withcriminal history not to be hired, when, penalty--failure to disclose,penalty--improper hirings, penalty--definitions--rules to waivehiring restrictions.
660.317. 1. For the purposes of this section, the term "provider" meansany person, corporation or association who:
(1) Is licensed as an operator pursuant to chapter 198, RSMo;
(2) Provides in-home services under contract with the department;
(3) Employs nurses or nursing assistants for temporary or intermittentplacement in health care facilities;
(4) Is an entity licensed pursuant to chapter 197, RSMo;
(5) Is a public or private facility, day program, residential facilityor specialized service operated, funded or licensed by the department ofmental health; or
(6) Is a licensed adult day care provider.
2. For the purpose of this section "patient or resident" has the samemeaning as such term is defined in section 43.540, RSMo.
3. Prior to allowing any person who has been hired as a full-time,part-time or temporary position to have contact with any patient or residentthe provider shall, or in the case of temporary employees hired through orcontracted for an employment agency, the employment agency shall prior tosending a temporary employee to a provider:
(1) Request a criminal background check as provided in section 43.540,RSMo. Completion of an inquiry to the highway patrol for criminal recordsthat are available for disclosure to a provider for the purpose of conductingan employee criminal records background check shall be deemed to fulfill theprovider's duty to conduct employee criminal background checks pursuant tothis section; except that, completing the inquiries pursuant to thissubsection shall not be construed to exempt a provider from further inquirypursuant to common law requirements governing due diligence. If an applicanthas not resided in this state for five consecutive years prior to the date ofhis or her application for employment, the provider shall request a nationwidecheck for the purpose of determining if the applicant has a prior criminalhistory in other states. The fingerprint cards and any required fees shall besent to the highway patrol's central repository. The first set offingerprints shall be used for searching the state repository of criminalhistory information. If no identification is made, the second set offingerprints shall be forwarded to the Federal Bureau of Investigation,Identification Division, for the searching of the federal criminal historyfiles. The patrol shall notify the submitting state agency of any criminalhistory information or lack of criminal history information discovered on theindividual. The provisions relating to applicants for employment who have notresided in this state for five consecutive years shall apply only to personswho have no employment history with a licensed Missouri facility during thatfive-year period. Notwithstanding the provisions of section 610.120, RSMo,all records related to any criminal history information discovered shall beaccessible and available to the provider making the record request; and
(2) Make an inquiry to the department of health and senior serviceswhether the person is listed on the employee disqualification list as providedin section 660.315.
4. When the provider requests a criminal background check pursuant tosection 43.540, RSMo, the requesting entity may require that the applicantreimburse the provider for the cost of such record check. When a providerrequests a nationwide criminal background check pursuant to subdivision (1) ofsubsection 3 of this section, the total cost to the provider of any backgroundcheck required pursuant to this section shall not exceed five dollars whichshall be paid to the state. State funding and the obligation of a provider toobtain a nationwide criminal background check shall be subject to theavailability of appropriations.
5. An applicant for a position to have contact with patients orresidents of a provider shall:
(1) Sign a consent form as required by section 43.540, RSMo, so theprovider may request a criminal records review;
(2) Disclose the applicant's criminal history. For the purposes of thissubdivision "criminal history" includes any conviction or a plea of guilty toa misdemeanor or felony charge and shall include any suspended imposition ofsentence, any suspended execution of sentence or any period of probation orparole; and
(3) Disclose if the applicant is listed on the employee disqualificationlist as provided in section 660.315.
6. An applicant who knowingly fails to disclose his or her criminalhistory as required in subsection 5 of this section is guilty of a class Amisdemeanor. A provider is guilty of a class A misdemeanor if the providerknowingly hires or retains a person to have contact with patients or residentsand the person has been convicted of, pled guilty to or nolo contendere inthis state or any other state or has been found guilty of a crime, which ifcommitted in Missouri would be a class A or B felony violation of chapter 565,566 or 569, RSMo, or any violation of subsection 3 of section 198.070, RSMo,or section 568.020, RSMo.
7. Any in-home services provider agency or home health agency shall beguilty of a class A misdemeanor if such agency knowingly employs a person toprovide in-home services or home health services to any in-home servicesclient or home health patient and such person either refuses to register withthe family care safety registry or is listed on any of the background checklists in the family care safety registry pursuant to sections 210.900 to210.937, RSMo.
8. The highway patrol shall examine whether protocols can be developedto allow a provider to request a statewide fingerprint criminal records reviewcheck through local law enforcement agencies.
9. A provider may use a private investigatory agency rather than thehighway patrol to do a criminal history records review check, andalternatively, the applicant pays the private investigatory agency such feesas the provider and such agency shall agree.
10. Except for the hiring restriction based on the department of healthand senior services employee disqualification list established pursuant tosection 660.315, the department of health and senior services shall promulgaterules and regulations to waive the hiring restrictions pursuant to thissection for good cause. For purposes of this section, "good cause" means thedepartment has made a determination by examining the employee's prior workhistory and other relevant factors that such employee does not present a riskto the health or safety of residents.
