During
their annual conference, the National Council State Boards of Nursing
(NCSBN) recommended to the state delegates adoption of the proposed
"Model Process for Criminal Background Checks" and support
Paper. The model process was adopted by the delegates.
In
the past, most states relied on questioning applicants about any
criminal history on the application and/or licensure renewal forms.
The boards decision to grant licensure or renewal to a nurse with
a criminal history has been conducted on a case by case basis.
The
Model Process and Paper presented to the delegates by the Disciplinary
Resource Advisory Panel (a NCSBN committee) consisted of 18+ pages
and is quite thorough. While this article is not intended
to recite their work, I did want to point out some of the highlights
of the committee's work and recommendations to the individual state
and territorial boards of nursing.
In
the next few paragraphs you will not a number of "statements".
These statements paraphrase the work of the Disciplinary Resource
Advisory Panel.
WHY
Because nurses provide services to vulnerable individuals, both
adult and child, the NCSBN feels it is in the best interest of the
public for nursing boards to conduct criminal background checks.
Additionally, it was noted that criminal background checks provide
an objective source of information with regards to an applicants
"good moral character".
WHO
All
individuals that have practice regulated by the state's board of
nursing.
WHEN
Screenings
should be conducted at the time of licensure application whether
by examination or endorsement. Some method to check currently
licensed nurses and the need for ongoing rechecks. No strong
consensus was reached with regards to the ongoing need for reassessment
of nurses already screened, or the screening of nurses currently
licensed in a state.
HOW
Using
a 1972 federal statue, state boards of nursing, with legislative
authority can conduct criminal background checks by fingerprint
using the FBI database. In addition, the committee outlined
12 key steps to implementation of criminal background checks based
on a review of the processes already in use in some states.
When boards find criminal backgrounds, the NCSBN committee
included a table representing the continuum of criminal behavior
and recommended board actions. At one end of the continuum
are lesser offenses which should be dealt with on a case-by-case
basis. At the other end or the most serious offenses which
would permanently preclude licensure. In the middle are serious
offenses that would have a time-limited bar to licensure.
The
committee recommends permanent bar for the following most serious
felonies:
- Murder
- Felonious
Assault
- Kidnapping
- Rape
/ sexual assault
- Aggravated
Robbery
- Sexual
crimes involving children
- Criminal
mistreatment of children or vulnerable adults
The time-limited
bar crimes would include:
- Drug
trafficking
- Embezzlement
- Theft
- Arson
The committee
did recommend that boards want to retain the right, under extraordinary
circumstances and using a defined process offer a waiver of either
time-limited or permanent bars. Citing a list of mitigating
and aggravating circumstances.
As
is noted in the report, implementation criminal background checks
has a far reaching impact both within the nursing profession as
well as outside the profession. For example, it is proposed
that the applicants will bear the burden of the cost of these background
checks. The number of nurses that are licensed is in the millions
and this would be a staggering burden on law enforcement personnel.
So
what is your state doing? According to a poll conducted by
the NCSBN, here is a list of states that currently require a criminal
background check and when and what they require:
State |
When* |
What** |
Comments |
AK |
Ex, En, Rt |
S, F |
|
AZ |
Ex, En, Rt |
S, F |
|
AR |
Ex, En, In |
F, Other |
Also checks driver's license and social security numbers |
CA-RN |
Ex, En, Rt |
S, F |
|
CA-VN |
Ex |
S, F |
Required in not previously printed in state |
FL |
Ex, En, Rt |
S, F |
|
HI |
Ex, En, Re, Rt, In |
|
All documents at state and federal level with regards to criminal
convictions |
ID |
Ex, En, Rt |
F |
|
IL |
Ex, En |
S, F |
|
KY |
Ex |
|
State Criminal check |
LA-PN |
Ex, En |
S, F |
|
LA-RN |
Ex, En, Rt, In, St, Ot |
S, F |
|
MO |
Ex, En |
S, F |
|
NV |
Ex, En, In |
F |
|
NH |
Rn, Rt, O |
|
|
NJ |
Ex, En, O |
S, F |
|
NM |
Ex, En |
S, F |
|
NC |
Ex, En |
S, F |
|
OH |
Ex, En |
S, F |
|
OK |
Ex, En |
O |
State criminal records check |
OR |
Ex, En, Rn, Rt, In, St |
S |
|
RI |
Ex, Rn, Rt, In |
O |
State name search |
TX |
Ex, En, Rn, Rt |
|
|
UT |
Ex, En, Rt |
S, F, O |
Name check at state and federal level |
WA |
Ex, En, Rt |
S |
|
WI |
Ex, En, In |
O |
Name search |
WY |
Ex, In, Rt |
S, F |
|
* When Codes:
| Ex=Examination |
En=Endorsement |
Rn=Renewal |
Rt=Reinstatement |
| In=Investigation |
St=Student |
O=Other |
|
|
**What Codes
| S=State Finger Prints |
F=Federal Finger Print |
O=Other |
|
|
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