Section 16-3609. BACKGROUND CHECKS FOR HEALTH-CARE WORKERS INFRACTIONS

 

3609.1Violation of any of the following provisions shall be a Class 1 infraction:

 

(a)22 DCMR § 4701.1(a) (employing or using the contract services of a person convicted of a listed offense);

 

(b)22 DCMR § 4705.1 (employing or using the contract services of a person convicted of a listed offense;

 

(c)22 DCMR § 4701.1(b) (employing or using the contract services of a person listed on the Nurse Aide Abuse Registry);

 

(d)22 DCMR § 4703.2 (continuing to employ or use the contract services of a current staff member if a background check reveals a conviction for a listed offense); or

 

(e)22 DCMR § 4705.2 (employing or using the contract services of a person convicted of a listed misdemeanor offense unless the specified requirements for employment are met).

 

3609.2Violation of any of the following provisions shall be a Class 2 infraction:

 

(a)22 DCMR § 4701.2 (failure to obtain a criminal background check and/or a Nurse Aide Abuse Registry check before employing or using the contract services of a covered person);

 

(b)22 DCMR § 4704.1(d) (failure to maintain documentation of an employee's criminal background check results);

 

(c)22 DCMR § 4704.1(e) (failure to maintain documentation of an employee's Nurse Aide Abuse Registry check results); or

 

(d)22 DCMR § 4705.3 (failure to verify whether a person convicted of a misdemeanor meets the specified requirements for employment).

 

3609.3Violation of any of the following provisions shall be a Class 3 infraction:

 

(a)22 DCMR § 4701.5 (failure to obtain a complete criminal background check as specified before employing an individual);

 

(b)22 DCMR § 4704.2 (improper disclosure of criminal background check records);

 

(c)22 DCMR § 4704.3 (failure to manage recordkeeping and disclosure of Nurse Aide Abuse Registry information in compliance with the Abuse Registry rules);

 

(d)22 DCMR § 4704.4 (failure to maintain an employee's criminal background records for 1 year following the end of that person's employment).

 

3609.4Violation of any of the following provisions shall be a Class 4 infraction:

 

(a)22 DCMR § 4701.3 (failure to inform an applicant of the background check requirement, or to obtain the information necessary for the performance of the check, before offering employment);

 

(b)22 DCMR § 4704.1(a) (failure to maintain documentation of an employee's date of hire);

 

(c)22 DCMR § 4704.1(b) (failure to maintain documentation of the date a background check was requested for an employee);

 

(d)22 DCMR § 4704.1(c) (failure to maintain documentation of the date the background check results for an employee were received);

 

(e)22 DCMR § 4704.1(f) (failure to maintain documentation of any sworn statements submitted by an employee related to his or her background check); or

 

(f) 22 DCMR § 4704.1(g) (failure to maintain documentation of any action taken by the employer facility as a result of information obtained from a background check).

 

source

Final Rulemaking published at 52 DCR 5017 (May 27, 2005).