Does anyone have a background check policy they are willing to share for Students and Faculty?

Transcription

1 Background Check Policy Does anyone have a background check policy they are willing to share for Students and Faculty? 1. Our procedure can be found in our Student Manual available on our website at (go to Departments and then Health Related Professions). 2. Here is ours. [Attachment:] TRINITY VALLEY COMMUNITY COLLEGE HEALTH OCCUPATIONS DIVISION POLICY FOR CRIMINAL HISTORY AND REGISTRY CLEARANCES In order for clinical affiliates to comply with Joint Commission accreditation standards pertaining to due diligence and competency assessment of all individuals whose assignments bring them in contact with patients or employees, employee prescreening requirements such as criminal background checks and drug screens are extended to clinical students. All students and faculty must have a negative criminal background check before starting clinicals. a. After acceptance or enrollment in the clinical program, the student must initiate a background check through GroupOne by going to the website The cost is $45, which may be paid by VISA or MasterCard. If the student does not have access to use of a credit card, he/she may mail a money order for $45 (along with their address) to GroupOne Services, 250 Decker Drive, Irving, TX GroupOne will then the student a one-time use pass code. This process must be completed by the end of the first week of the semester. It may be completed before the semester starts. After reaching the website, the student selects Texas, TVCC and the health science discipline. Information the students will need to have (before they start) in order to complete the request includes valid Visa, MasterCard, or Pass Code from GroupOne, full legal name (first, middle, last), maiden names and former names, date of birth, social security number, current address, and the zip codes where they have lived during the past 7 years. Vacation travel and foreign locations do not need to be listed. When the payment is made the student will be prompted to print that page for their records. The background check will include county criminal search, sex offender registry search, Texas DPS State Criminal Database, SSN verification, HHS/OIG Medicare Sanctions, GSA Sanctions, Office of Foreign Assets Control and Terrorist Sanctions, and Texas Medicaid Sanctions. b. In addition, if, at any time during the two years preceding Level IV clinical in the ADN program or Level III clinical for the Kaufman VN program, a student has lived outside the state of Texas, criminal history information must be obtained through the FBI using a complete set of fingerprints on the official FBI card. Those students will be responsible for paying for the additional cost for the FBI check. The student will be instructed to make arrangements with the appropriate contact at Terrell State Hospital during the prior semester. 2. The following convictions within the last seven years will disqualify an individual from consideration for the clinical rotation: b. Felony convictions c. Misdemeanor convictions or felony deferred adjudications involving crimes against persons (physical or sexual abuse) d. Misdemeanor convictions related to moral turpitude (prostitution, public lewdness/exposure, theft under $1,500, computer crimes of fraud, etc.) e. Felony deferred adjudications for the sale, possession, distribution, or transfer of narcotics or controlled substances f. Registered sex offenders

2 g. OIG, GSA and Medicaid Sanctions h. Terrorist Suspect List i. Pending charges and warrants for arrest 3. The following convictions at any time in the past will constitute an absolute bar to participation in clinical rotations at Terrell State Hospital (required for ADN and VN Kaufman): Criminal homicide; Kidnapping and unlawful restraint; Indecency with a child; Sexual assault; Aggravated assault; Injury to a child, elderly individual, or disabled individual; Abandoning or endangering a child; Aiding suicide; Agreement to abduct from custody; Sale or purchase of a child; Arson; Robbery; Aggravated robbery; A conviction which occurred within the previous five years for: assault punishable as a Class A misdemeanor or felony, burglary, theft punishable as a felony, misapplication of fiduciary property or property of a financial institution that is punishable as a Class A misdemeanor or felony, securing execution of a document by deception punishable as a Class A misdemeanor or felony, or burglary; or A conviction under the laws of another state, federal law, or the uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed above. Deferred adjudication is considered conviction for the purposes of this policy. 4. Some community clinical rotations, such as school nursing, require a separate criminal background check. Their requirements may be more stringent. In those instances, the student will be given the necessary forms to complete and the facilities will conduct the additional background check at their expense. The team leader/program coordinator will be notified if the student is ineligible to attend clinical rotations at that site. If the student is ineligible to attend that community rotation, they will be rescheduled for another rotation. 5. If a licensing/registry body approves the student to take the licensing/credentialing exam, such as a Declaratory Order from the Texas Board of Nursing, the student may participate in clinical rotations. ADN and VN students are advised to get a declaratory order before starting in the program. Due to the time required to obtain a declaratory order (6 9 months), the student may have to wait a year to return to the program. 6. The Provost may request an exception from the first clinical agency for a student with a felony deferred adjudication (other than 3d above) and no alternative recourse through a licensing/registry authority such as a declaratory order from the Texas Board of Nursing for the ADN & VN students. Following approval from the first clinical agency, the student may progress. 7. The Provost will notify the student either verbally or in writing if anything in the student s record indicates a conviction barring the student from clinical rotations or if the student is listed as revoked in the Nurse Aide Registry or is listed as unemployable in the Employee Misconduct Registry. The notification will include the existence of the TDPS or FBI record of the conviction or registry listing, the student s ineligibility for participation in clinical rotations due to the conviction or registry listing, and how to address possible inaccuracies in criminal history record information (i.e. the opportunity to be heard by Texas Department of Public Safety (TDPS), pursuant to Texas Health and Safety Code, (b)) or how to address a possible inaccurate registry listing (i.e. by calling TDHS registry administrators at ) if appropriate. 8. If the student is deemed ineligible for clinical rotations due to criminal history record or revoked status in the Nurse Aide Registry or unemployable status in the Employee Misconduct Registry, he/she will be dismissed from the program and dropped from the program courses. 9. The Provost will keep confidential all information obtained from these background checks/registry searches. All criminal history record and registry clearance information obtained will be kept in a separate file until the students have graduated or have not been enrolled in a health occupations program for 1 year. Then the records will be destroyed. 10. The background check will be honored by all TVCC clinical affiliates for the duration of the student s enrollment at the college if the student has not had a break in enrollment in a health occupations

3 program. A break in enrollment is defined as nonattendance of one full semester (fall or spring) or more. j:handbook\criminal history policy Revised 03/10 3. Ours is very similar to Helen s, as they were both taken from the North Central Texas Consortium of Hospitals & Colleges recommendations. Our whole Allied Health Division liked it so much that it s now Division-wide. I also added some guidelines for f/u for Directors for when hits come back [Attachments:] BLINN COLLEGE ALLIED HEALTH PROGRAMS SUBSTANCE ABUSE POLICY Blinn College seeks to provide educational experiences and opportunities for student development and growth, with a strong commitment to instructional excellence in an environment free of unnecessary risks to the safety and well-being of students, faculty, staff, and patients/clients. It is the desire of the faculty to provide support for both students and faculty when problems arise related to impairment of allied health student practice, either due to alcohol and other drug (AOD) abuse or mental illness. For the purposes of this policy, an impaired student is defined as one whose performance endangers EITHER their own learning process or patient/client health and safety and would, if demonstrated by a Registered Nurse (RN) or other healthcare professional, be considered a violation of the Nurse Practice Act or other applicable licensure laws. Impairment may be evident in the classroom, learning laboratory, or the clinical area. Such impairment can result from: 1) AOD abuse or dependency (prescription or illicit) 2) mental illness 3) physical illnesses/conditions with psychological or physical complications/deficits. The Allied Health Division seeks to uphold Blinn College policies regarding substance abuse, e.g. standards of conduct and unlawful possession or distribution of illicit drugs/alcohol (Blinn College Bulletin, Blinn College Student Handbook). Because of concerns for public and patient/client safety, as well as professional and ethical responsibilities, faculty in the Allied Health Division will identify students enrolled in Allied Health Programs who appear to be impaired as a result of AOD abuse/dependency or physical and/or mental health problems. Consistent with professional practice and standards, any person who observes behavioral or physiological characteristics suggestive of impairment is obligated to consult with a faculty member/program Director regarding those concerns. Both the identity of the reporting individual and the identified student will be held in confidence to the maximum extent possible under applicable laws. The validity and accuracy of the information reported will then be investigated. Any of the following may be signs/symptoms/behaviors that may suggest impairment: a. Physiological characteristics of the substance abusing person including, but not limited to: *smell of alcohol on breath, other unexplained body or breath odor *flushed face, reddened eyes *diaphoresis, pallor

4 *pupillary changes abnormal constriction or dilation *slurred speech *weight loss *sudden hyperactivity vacillating with lethargy or vice-versa *blackouts, seizures *impaired coordination psychomotor skills, gait *fine hand tremor *numerous injuries/accidents with vague or unusual explanations *declining health b. Behavioral characteristics of the substance abusing person including, but not limited to: *extreme and rapid mood changes, irritability, loss of orientation *excessive absenteeism, tardiness, frequently leaves unit/class *unusual/frequent excuses or apologies for failure to meet deadlines *isolation/withdrawal from group professionally and socially *decreased classroom and clinical productivity, fluctuating performance *inappropriate physical appearance, unkempt appearance *excessive use of mouthwash, mints, etc. *arriving early and staying late at work (clinical, class) for no apparent reason *overly solicitous to administer meds (especially narcotics) for own or others patients *greater discrepancies in documentation of controlled substances administration *uses PRN medications more frequently with maximum PRN dosage given *alone in medication room more than others *may have many somatic complaints requiring more Rx for self If a student demonstrates characteristics of impairment while in the clinical area, the faculty member will: a. Relieve the student from the client assignment IMMEDIATELY. The student will not be left alone at any time. Another faculty member or the Program Director will be called in to help the involved faculty member with the other students in the clinical area, while the suspected student is being observed and counseled. b. Carefully document data on indicators of substance abuse cited above. Include witnesses as appropriate (e.g. staff, faculty, etc.) c. Refer the student to the Program Director for investigation of the identified signs of impairment. The student will then meet with the faculty member and the Program Director to discuss options for continuance in the Program and develop a plan for referral/treatment. The student CANNOT return to the clinical area until a contract of agreement for return to the Program is formulated by the Program Director, the Clinical Instructor, and the student. An investigation of the identified signs of impairment will be conducted and the student referred for possible treatment. Should there be questions in the mind of the student concerning the alleged offense, due process is afforded under the Drug and Alcohol Use and Abuse and the Blinn college discipline Code sections in the Blinn College Student Handbook. Impaired practice CAN be grounds for DISMISSAL from the Program and REPORTING TO THE APPROPRIATE LICENSING AGENCY for investigation, e.g. Board of Nurse Examiners for the State of Texas, Board of Vocational Nurse Examiners, American Dental Association, etc. The student may also be referred for FURTHER DISCIPLINARY ACTION by the College, per the Drug and Alcohol Use and Abuse and Blinn College Discipline Code sections in the Blinn College Student Handbook, as well as those policies contained in the Blinn College Board of Trustees Policy Manual, sections FLBE, readily available on the WEB at Reporting to the appropriate licensing agency may result in the individual s INABILITY TO SIT FOR THE LICENSING EXAMINATION and receipt of a license.

5 Records of the student in question, relating to suspected impaired practice, will be kept confidential, and will NOT be included in the student s official academic file. Exceptions would exist if the student comes under Blinn College s disciplinary process for violations on campus or at collegesponsored activities, or if reporting to the appropriate licensing agency is necessary. For example, Associate Degree Nursing students will be required to submit a Declaratory Order petition to the Texas Board of Nurse Examiners, as will Vocational Nursing students to the Board of Vocational Nurse Examiners. Handbook/AODadden/ Rev & BLINN COLLEGE ALLIED HEALTH DIVISION PROGRAMS Guidelines for Follow-up to Criminal Background Checks and/or Drug Screens Criminal Background Check: In the event that a student receives a negative report on their Criminal Background Check, 1) In some specific situations already outlined in the [Prescreening Policy for Criminal Background Checks and Drug Screening], that student will not be allowed in a clinical agency, with some degree of variation from program to program (e.g. a DUI/DWI may preclude an EMS student from driving an ambulance, but wouldn t affect a nurse s performance in the clinical area). Because of the inability to complete the clinical portion of a course/program, that student will not successfully complete that course/ program, and will be advised to drop the course/program to pursue another career path. The listed crimes, convictions, and/or deferred adjudications are based on Joint Commission on Accreditation of Hospitals and Organizations (JCAHO) standards for employment of individuals in healthcare agencies, including, but not limited to, those accepting Medicare/Medicaid (which then involve Federal guidelines from the US Department of Health & Human Services). 2) In some situations that are not clearly spelled out in the above policy, that student will be advised by the respective program s Director, that they must be cleared for credentialing by the respective credentialing/licensing agency for that course/program, but may continue in the respective program. However, most felony convictions will require a Declaratory Order be submitted and the individual cleared for possible licensure before attendance in a program. For clearing, the student may have to file what may be termed a Declaratory Order (DO) or a declaration of the criminal history or background. Specific instructions by the individual credentialing/ licensing agencies are available from those specific agencies. a) Nursing (Vocational & Professional/Registered) Board of Nursing (BON) for the State of Texas

6 for a Declaratory Order Packet, fingerprint cards, and full instructions; must complete DO prior to completion of a nursing program (or before if required by individual program). Student must declare all arrests, convictions, pending cases, or adjudications. Some convictions might prevent one from ever being licensed; these are listed on the BON web-site under the DO information. b) Dental Hygiene American Dental Association for information on application for licensure; must declare any criminal history on application. c) Emergency Medical Services (EMT & Paramedic) Texas Department of State Health Services & the National Registry qicriminal.htm, and for information on application for licensure and application packets; must declare any criminal history on application including but not limited to any DUI s, DWI s. d) Fire Science Technology Texas Commission on Fire Protection for information on certification; must declare any criminal history on application. e) Physical Therapist Assistant Physical Therapy & Occupational Therapy Examiners--Declarative letter sent to: Mr. Mark Turek Chief Investigator ECPTOTE 333 Guadalupe St.--#2-510 Austin, TX Phone f) Radiologic Technology Texas Department of State Health Services & American Registry of Radiologic Technologists and for information; must file a Pre-application Review of Eligibility to obtain a ruling on the impact of a criminal history on eligibility for registry/ certification g) Workforce Education Programs i. Certified Nurses Aid Texas Department of State Health Services ii. Phlebotomy Texas Department of State Health Services iii. Medication Aide Texas Department of State Health Services In the event that an individual receives a positive Drug Screen, the above policy addresses the actions that can be taken by the respective program: 1) The student may be dismissed based on the positive drug screen and referred for appropriate treatment/intervention.

7 2) If the drug was declared at the time of screening and is prescribed by a US licensed physician and is deemed to NOT be detrimental to the student s performance in the clinical area or safety of patients the student may be allowed to continue. In this situation, some Laboratory Directors will identify the declared drug and report a negative drug screen, if the levels are within therapeutic range. 3) If the drug was not declared at the time of screening and is prescribed by a US licensed physician and is deemed to NOT be detrimental to the student s performance in the clinical area the Program Director, the Division Chair, and other appropriate Administrators will make a determination as to the student s ability to continue in the respective program. In this situation, the Laboratory Director has no recourse but to report a positive drug screen. K:AH_Shared/AHHandbook/P&P/AH CBC-DO Guidelines 11/10/04 Rev. 7/3/07, 7/10/09