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tnoble1
Dec 24, 2008, 02:52 PM
Hello. This is my first time on this site. Does anyone know if it is possible for a convicted felon (10 years ago) to get into a healthcare career or be eligible for healthcare training?
Thank you.
Terri

tickle
Dec 24, 2008, 04:23 PM
Healthcare workers (working for particular clients in their own home) need to be bonded, that means, in my field and area, a police check in the community where you are working. If you are training in, and working for an organization that provides healthcare workers, then they require you to be conviction free of anything.

At the same time if you train and expect to have private clients on you own, then your porfolio would have to include a police check report.

Fr_Chuck
Dec 24, 2008, 07:32 PM
I know when I worked for a DME company, we could not have anyone convicted of a felony that had contact with a patient that was on medicare funding

artlady
Dec 24, 2008, 07:48 PM
It will never happen.Sorry I understand people change and whatever but its just is not going to happen.
Once a criminal always a criminal.. .so they say.. sad but that's the law!

Clough
Dec 25, 2008, 02:06 AM
Hi, Terri!

The laws concerning this really will vary depending on where you live and what particular thing it might be that you want to do in healthcare.

In the state in which I live, there is a waiver program that allows people who have convictions of certain kinds to also hold certain types of jobs in health care. A person would just have to meet the qualifications to obtain the waiver.

Perhaps there is a similar program in place where you live and want to work?

Thanks!

Below, is a quote from the following site.

http://www.ilga.gov/commission/jcar/admincode/077/077009550002600R.html




TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER u: MISCELLANEOUS PROGRAMS AND SERVICES
PART 955 HEALTH CARE WORKER BACKGROUND CHECK CODE
SECTION 955.260 APPLICATION FOR WAIVER


Section 955.260 Application for Waiver

An applicant, employee, or employer may request a waiver of the prohibition against employment by submitting an application on forms provided by the Department. The application shall include the following:

a) A completed Waiver Application for Health Care Worker;

b) An explanation of the circumstances of each conviction;

c) If the use of alcohol or other drugs was involved in the offense, proof of completion of a rehabilitation program;

d) A recent employment reference and at least one character reference;

e) Copies of any significant accomplishments since the conviction;

f) A work history;

g) Information concerning convictions in other states;

h) Information concerning convictions by the federal government;

I) Information concerning certification as a nurse aide in other states;

j) One of the following:

1) A completed fingerprint-based UCIA records check card and the fee for a fingerprint-based UCIA criminal records check, which the Department will forward to the Department of State Police; or

2) Information concerning completion of electronic fingerprinting; or

3) The results of a fingerprint-based UCIA criminal records check completed within the previous three months. (Section 40 of the Act)

Clough
Dec 25, 2008, 02:19 AM
Below, is also some additional information from the following site that you might find to be interesting as well as helpful.

http://www.ilga.gov/commission/jcar/admincode/077/077009550002700R.html

Of particular interest would be that in subsection (f) which I've made bold.

For a complete listing of the Administrative Code, please click on the following link.

PART 955 HEALTH CARE WORKER BACKGROUND CHECK CODE : Sections Listing (http://www.ilga.gov/commission/jcar/admincode/077/07700955sections.html)

I wish you only the best!

Thanks!




TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER u: MISCELLANEOUS PROGRAMS AND SERVICES
PART 955 HEALTH CARE WORKER BACKGROUND CHECK CODE
SECTION 955.270 DEPARTMENT REVIEW OF WAIVER APPLICATION

Section 955.270 Department Review of Waiver Application

a) The Department will consider an application for a waiver upon receipt of a complete application in accordance with Section 955.260 of this Part and upon receipt of the results of a UCIA fingerprint-based criminal history records check.

b) A application for a waiver shall be denied unless the applicant meets the following requirements and submits documentation thereof with the waiver application:

1) Except in the instance of payment of court-imposed fines or restitutions in which the applicant is adhering to a payment schedule, the applicant shall have met all obligations to the court and under terms of parole (i.e. probation has been successfully completed); and

2) The applicant shall have satisfactorily completed a drug and/or alcohol recovery program, if drugs and/or alcohol were involved in the offense.

c) The Department may grant a waiver based on mitigating circumstances, which may include:

1) The age of the individual when the crime was committed;

2) The circumstances surrounding the crime;

3) The length of time since the conviction;

4) The applicant’s or employee’s criminal history since the conviction;

5) The applicant’s or employee’s work history;

6) The applicant’s or employee’s current employment references;

7) The applicant’s or employee’s character references;

8) Nurse Aide Registry records; and

9) Other evidence demonstrating the ability of the applicant or employee to perform the employment responsibilities competently and evidence that the applicant or employee does not pose a threat to the health or safety of residents, which may include, but is not limited to, the applicant’s or employee’s participation in anger management or domestic violence prevention programs; the applicant’s or employee’s status on nurse aide registries in other states; the applicant’s or employee’s criminal history in other states; or the applicant’s or employee’s successful completion of all outstanding obligations or responsibilities imposed by or to the court. (Section 40(b) of the Act)

d) Waivers will not be granted to individuals who have not met the following time frames. "Disqualifying" refers to offenses listed in Section 955.220 of this Part.

1) Single disqualifying misdemeanor conviction – no earlier than one year after the conviction date;

2) Two to three disqualifying misdemeanor convictions – no earlier than three years after the most recent conviction date;

3) More than three disqualifying misdemeanor convictions – no earlier than five years after the most recent conviction date;

4) Single disqualifying felony convictions – no earlier than three years after the conviction date;

5) Two to three disqualifying felony convictions – no earlier than five years after the most recent conviction date;

6) More than three disqualifying felony convictions – no earlier than ten years after the most recent conviction date.

e) Waivers will not be granted to individuals who have been convicted of committing or attempting to commit one or more of the following offenses:

1) Solicitation of murder, solicitation of murder for hire [720 ILCS 5/8-1.1 and 8-1.2];

2) Murder, drug induced homicide, involuntary manslaughter and reckless homicide, intentional homicide of an unborn child, voluntary manslaughter of an unborn child, involuntary manslaughter and reckless homicide of an unborn child, or concealment of a homicidal death [720 ILCS 5/9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, and 9-3.3];

3) Kidnaping or aggravated kidnaping [720 ILCS 5/10-1 and 10-2];

4) Indecent solicitation of a child, sexual exploitation of a child, exploitation of a child, child pornography [720 ILCS 5/11-6, 11-9.1, 11-19.2, and 11-20.1];

5) Aggravated domestic battery, aggravated battery, heinous battery, aggravated battery with a firearm, aggravated battery with a machine gun, aggravated battery of a child, aggravated battery of an unborn child, aggravated battery of a senior citizen, or drug induced infliction of great bodily harm [720 ILCS 5/12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.6, and 12-4.7];

6) Criminal sexual assault or aggravated criminal sexual assault [720 ILCS 5/12-13, 12-14, and 12-14.1];

7) Criminal sexual abuse, aggravated criminal sexual abuse or predatory criminal sexual assault of a child [720 ILCS 5/12-15 and 12-16];

8) Abuse and gross neglect of a long-term care facility resident [720 ILCS 5/12-19];

9) Criminal abuse or neglect of an elderly or disabled person [720 ILCS 5/12-21];

10) Financial exploitation of an elderly person or a person with a disability [720 ILCS 5/16-1.3];

11) Armed robbery [720 ILCS 5/18-2];

12) Aggravated vehicular hijacking [720 ILCS 5/18-4]; and

13) Aggravated robbery [720 ILCS 5/18-5].

f) The Director of Public Health may grant a waiver to an individual who does not meet the requirements of subsection (b), (d), or (e) of this Section, based on mitigating circumstances (see subsection (c) of this Section). (Section 40b of the Act)

Clough
Dec 25, 2008, 02:37 AM
By the way, what I've posted above doesn't have to do with just Nurse Aide postitions. Below, is part of what's on the following site concerning that. Again, please note what I've made bold print.

Illinois Department of Public Health Nurse Aide Registry (http://www.idph.state.il.us/nar/home.htm)


The Health Care Worker Background Check Act applies to all unlicensed individuals employed or retained by a health care employer as home health care aides, nurse aides, personal care assistants, private duty nurse aides, day training personnel, or an individual working in any similar health-related occupation where he or she provides direct care (e.g. resident attendants, child care/habilitation aides/developmental disabilities aides, and psychiatric rehabilitation services aides) or has access to long-term care residents or the living quarters or financial, medical or personal records of long-term care residents. It also applies to all employees of licensed or certified long-term care facilities who have or may have contact with residents or access to the living quarters or the financial, medical or personal records of residents. Individuals with disqualifying convictions, as listed in the act, are prohibited from working in any of the above positions unless a waiver has been granted by the Department of Public Health. A health care employer must verify registry status of an individual applying for the above positions prior to employment. Verifications can be made by phone (217-785-5133), e-mail (DPH.HCWR@Illinois.gov), mail (Illinois Department of Public Health, Health Care Worker Registry, 525 W. Jefferson St. Fourth Floor, Springfield, IL 62761), or this Web site.

Now, the reason that this came about in the state in which I live, is because for a long time, there really wasn't all that much concern with background checks being conducted for a lot of types of health care worker positions. A number of years ago though, the state decided to tighten up things quite a bit as far as background checks being required for any health care position.

What happened then, was that many health care institutions were doing background checks on all of their employees, even those who had worked where they had in health care for a number of years. Subsequently, these places were having to let those employees go, even though there might never had been any problems with them being employees.

These institutions were then saying something like, "Hey, we're losing all these great people." "Isn't there something that we can do about this?" As a result of that, legislation was set in place so that employees as well as potential employees who had certain convictiions could apply for waivers to work in certain health care fields in this fine state.

Thanks!

MISTYDHOWARD72
Jul 7, 2010, 04:45 PM
Can i as a convicted felon working healthcare?

MISTYDHOWARD72
Jul 7, 2010, 04:45 PM
Can i as a convicted felon working healthcare?

tickle
Jul 7, 2010, 05:30 PM
CAN I AS A CONVICTED FELON WORKIN HEALTHCARE? Healthcare workers must be bondable, and you are convicted felon, so you cant be bonded. So, you cant work in healthcare.

Tick

Clough
Jul 7, 2010, 08:40 PM
CAN I AS A CONVICTED FELON WORKIN HEALTHCARE?

Hi, MISTYDHOWARD72!

This is the really old and archived thread of someone else. It's no longer visible on the list of currently active threads. Also, this place doesn't work the same way that a chat room does. If someone wants to ask a new question that's not in any way an answer to the very first question at the top of the page, then they need to start a new thread.

So, if you would like for your question to be noticed the most, it would be best if you would start a new thread.

Thanks!

Clough
Jul 7, 2010, 08:45 PM
Healthcare workers must be bondable, and you are convicted felon, so you cant be bonded. So, you cant work in healthcare.

tick

It would depend on what the felony conviction was for, the laws in place where the person might be wanting to work, the policies of whoever the employer might be and if the carrier issuing the bond would be willing to take the risk or not.

Thanks!

JohnHatch81
May 15, 2012, 10:25 AM
Tick your actully wrong on that.the federal gov started a federal bonding program for convicted felons to reduce the return rate that plagues the country because of not being able to find a job.as long as the employer is willing to extend a job offer than that felon can be bonded.

rlrl2010
May 16, 2012, 03:56 PM
I work in the mental health field in NY. Where I work all new employees and some existing employees (particularly those who have "substantial close contact with clients") have to submit to a fingerprint check by a NY state governing board. If the applicant/employee has a felony of violence or sexual behavior, the employee cannot be retained/existing worker has to be terminated. If the employee has a lesser felony or any misdemeanor, there is no mandate to terminate/not hire but the employer will receive the employee's criminal history and it is up to the employer to terminate/not hire the applicant

tickle
May 17, 2012, 06:56 AM
@JohnHatch you will have to substantiate your statement about felons able to work in Healthcare (in Canada or US). Although not a felon, know that I absolutely would not be in my job with any prior convictions. My background check has to be squeaky clean!

foxybrown325
Jun 22, 2012, 06:54 PM
It would be informative for the client who has the felon assigned to work in their home be notified of the felons status e.g. drug user?

Was it not passed in Ohio, that felons can be hired into certain healthcare job?

Please let me know, I have a convicted felon hired through an agency and approved by State and Federal funds.