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Required Fingerprint Background Checks By Type of Health Care Facility


State-operated Facilities
The Hawaii Health Systems Corporation may request a criminal history check by the Hawaii criminal justice data center of applicants or employees, current or prospective contractors, providers, or volunteers in any of the corporation’s health facilities in accordance with section 846-2.7. Providers and contractors will be responsible for the fees for such checks. Haw. Rev. Stat. § 323F-5.5.

Long-Term Care Facilities
All persons or entities seeking licensure to operate health care facilities must undergo criminal background checks. Haw. Rev. Stat. § 321-15.2(a). “Health care facilities” are defined as skilled nursing facilities, intermediate care facilities, adult residential homes, expanded adult residential care homes, assisted living facilities, home health agencies, home care agencies, hospices, adult day health centers, special treatment facilities, therapeutic living programs, hospitals, intermediate care facilities for the mentally retarded, rural health centers, and rehabilitation agencies. Haw. Rev. Stat. § 321-15.2(a). If entities are seeking licensure, then the checks must be performed on their principals, directors, partners, managers, agents, and representatives if any of these individuals will have access to or contact with clients or their records. Haw. Rev. Stat. § 321-15.2(a). These individuals must authorize disclosure of their records, sign a waiver form, and consent to be fingerprinted. Haw. Rev. Stat. § 321-15.2(c). All prospective employees and adult volunteers of health care facilities who will have direct patient access must undergo criminal background checks and must sign a waiver, consent to be fingerprinted, and provide any necessary information to conduct a criminal background check. Haw. Rev. Stat. § 321-15.2(d). The checks must be performed by the Hawaii Criminal Justice Data Center (“HCJDC”). Haw. Rev. Stat. § 321-15.2(e). Certain criminal offenses disqualify individuals from licensure or employment. Offenses disqualifying individuals from employment are murder, manslaughter, assault, sex offenses, domestic violence, theft, arson, kidnapping, forgery, and controlled substance offenses. Haw. Rev. Stat. § 321-15.2(a). Costs associated with conducting the checks may be passed on to license applicants, employees, and volunteers. Haw. Rev. Stat. § 321-15.2(i).

Assisted Living Facilities
All persons or entities seeking licensure to operate health care facilities must undergo criminal background checks. Haw. Rev. Stat. § 321-15.2(a). If entities are seeking licensure, then the checks must be performed on their principals, directors, partners, managers, agents, and representatives if any of these individuals will have access to or contact with clients or their records. Haw. Rev. Stat. § 321-15.2(a). “Health care facilities” are defined as skilled nursing facilities, intermediate care facilities, adult residential homes, expanded adult residential care homes, assisted living facilities, home health agencies, home care agencies, hospices, adult day health centers, special treatment facilities, therapeutic living programs, hospitals, intermediate care facilities for the mentally retarded, rural health centers, and rehabilitation agencies. These individuals must authorize disclosure of their records, sign a waiver form, and consent to be fingerprinted. Haw. Rev. Stat. § 321-15.2(c). All prospective employees and adult volunteers of health care facilities who will have direct patient access must undergo criminal background checks and must sign a waiver, consent to be fingerprinted, and provide any necessary information to conduct a criminal background check. Haw. Rev. Stat. § 321-15.2(d). The checks must be performed by the HCJDC. Haw. Rev. Stat. § 321-15.2(e). Certain criminal offenses disqualify individuals from licensure or employment. Offenses disqualifying individuals from employment are murder, manslaughter, assault, sex offenses, domestic violence, theft, arson, kidnapping, forgery, and controlled substance offenses. Haw. Rev. Stat. § 321-15.2(a). Costs associated with conducting the checks may be passed on to license applicants, employees, and volunteers. Haw. Rev. Stat. § 321-15.2(i).

Acute Care Facilities
All persons or entities seeking licensure to operate health care facilities must undergo criminal background checks. Haw. Rev. Stat. § 321-15.2(c). “Health care facilities” are defined as skilled nursing facilities, intermediate care facilities, adult residential homes, expanded adult residential care homes, assisted living facilities, home health agencies, home care agencies, hospices, adult day health centers, special treatment facilities, therapeutic living programs, hospitals, intermediate care facilities for the mentally retarded, rural health centers, and rehabilitation agencies. Haw. Rev. Stat. § 321-15.2(a). If entities are seeking licensure, then the checks must be performed on their principals, directors, partners, managers, agents, and representatives if any of these individuals will have access to or contact with clients or their records. Haw. Rev. Stat. § 321-15.2(a). These individuals must authorize disclosure of their records, sign a waiver form, and consent to be fingerprinted. Haw. Rev. Stat. § 321-15.2(c). All prospective employees and adult volunteers of health care facilities who will have direct patient access must undergo criminal background checks and must sign a waiver, consent to be fingerprinted, and provide any necessary information to conduct a criminal background check. Haw. Rev. Stat. § 321-15.2(d). The checks must be performed by the HCJDC. Haw. Rev. Stat. § 321-15.2(e). Certain criminal offenses disqualify individuals from licensure or employment. Offenses disqualifying individuals from employment are murder, manslaughter, assault, sex offenses, domestic violence, theft, arson, kidnapping, forgery, and controlled substance offenses.
Haw. Rev. Stat. § 321-15.2(a). Costs associated with conducting the checks may be passed on to license applicants, employees, and volunteers. Haw. Rev. Stat. § 321-15.2(i).

Hospice
All persons or entities seeking licensure to operate health care facilities must undergo criminal background checks. Haw. Rev. Stat. § 321-15.2(c). If entities are seeking licensure, then the checks must be performed on their principals, directors, partners, managers, agents, and representatives if any of these individuals will have access to or contact with clients or their records. Haw. Rev. Stat. § 321-15.2(a). “Health care facilities” are defined as skilled nursing facilities, intermediate care facilities, adult residential homes, expanded adult residential care homes, assisted living facilities, home health agencies, home care agencies, hospices, adult day health centers, special treatment facilities, therapeutic living programs, hospitals, intermediate care facilities for the mentally retarded, rural health centers, and rehabilitation agencies. Haw. Rev. Stat. § 321-15.2(a). These individuals must authorize disclosure of their records, sign a waiver form, and consent to be fingerprinted. Haw. Rev. Stat. § 321-15.2(c). All prospective employees and adult volunteers of health care facilities who will have direct patient access must undergo criminal background checks and must sign a waiver, consent to be fingerprinted, and provide any necessary information to conduct a criminal background check. Haw. Rev. Stat. § 321-15.2(d). The checks must be performed by the HCJDC. Haw. Rev. Stat. § 321-15.2(e). Certain criminal offenses disqualify individuals from licensure or employment. Offenses disqualifying individuals from employment are murder, manslaughter, assault, sex offenses, domestic violence, theft, arson, kidnapping, forgery, and controlled substance offenses. Haw. Rev. Stat. § 321-15.2(a). Costs associated with conducting the checks may be passed on to license applicants, employees, and volunteers. Haw. Rev. Stat. § 321-15.2(i).

Other
Operators and employees of adult foster homes and developmental disabilities domiciliary homes must undergo criminal background checks and provide consent for the checks. Haw. Rev. Stat. § 333F-22. The checks must be performed by the HCJDC. Haw. Rev. Stat. §§ 333F-22(e), 846-2.7. Only state criminal background checks are required for individuals who already have their fingerprints on file pursuant to this section. Haw. Rev. Stat. § 333F- 22(f). Licensure or employment may be denied if individuals have been convicted of a crime, other than a minor traffic violation, or if the checks show that individuals pose a risk to the residents of the home. Haw. Rev. Stat. § 333F-22(g). The statute does not specify who is responsible for costs associated with the checks.

Operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes must undergo criminal background checks to be performed by the HCJDC and adult abuse perpetrator checks. Haw. Rev. Stat. §§ 346-333, 346-334, 346-335. These individuals must consent to the checks, provide necessary identifying information, and submit a statement as to whether they have ever been convicted of a crime. Haw. Rev. Stat. §§ 346-335, 846-2.7. Individuals must be fingerprinted within five (5) business days of beginning employment. Haw. Rev. Stat. § 346-335. The Department of Human Services may deny a certificate of approval for agencies or homes if any individual required to be checked has been convicted of a crime other than a minor traffic violation involving a fine of fifty dollars ($50) or less; the Department finds that the individuals pose a risk to the health, safety, or well being of adults in care; or individuals are found to be perpetrators of abuse. Haw. Rev. Stat. §§ 346-333, 346-334.
Depending on how the agencies or homes are certified, checks must be repeated annually or biannually. Haw. Rev. Stat. § 346-335. Either the employers or the employees may pay for the checks. Haw. Rev. Stat. § 346-335.

Operators, adult volunteers and employees of adult day care centers and providers of home and community-based services must undergo criminal background checks to be performed by the HCJDC. Haw. Rev. Stat. § 346-97. These individuals must consent to the checks, provide necessary identifying information, and submit a statement as to whether they have ever been convicted of a crime. Haw. Rev. Stat. § 846-2.7. Any necessary information must be provided before beginning employment. Haw. Rev. Stat. § 346-97. Licensure or employment may be denied if individuals have committed a crime of such a serious nature or circumstance that the Department of Social Services finds they pose a risk to the health, safety, or well-being of a patient or resident. These crimes include, but are not limited to murder, manslaughter, assault, sex offenses, domestic violence, theft or forgery, arson, kidnapping, or possession, use, sale, manufacture, or distribution of dangerous drugs or controlled substances. Haw. Rev. Stat. § 346-97. Depending on how the agencies or homes are certified, checks must be repeated annually or biannually. Haw. Rev. Stat. § 346-97.

Required Background Checks By Type of Providers

General Patient Care
All persons seeking employment with the Department of Health or with providers or subcontractors who provide unsupervised mental health services to the Department’s clients must undergo criminal background checks and must provide written consent for the checks. Haw. Rev. Stat. § 321-171.5(b). The checks must be performed by the Hawaii Criminal Justice Data Center (“HCJDC”). All individuals subject to criminal background checks to be performed by the HCJDC must consent to the check, provide necessary identifying information, and submit a statement as to whether they have ever been convicted of a crime. Haw. Rev. Stat. §§ 321- 171.5(b), 846-2.7. The statute does not specify who is responsible for the costs of conducting the checks.

Employees, prospective employees, and volunteers of contracted providers or subcontractors in positions that place them in close proximity to youth when providing services on behalf of the Office of Youth Services must undergo criminal background checks. Haw. Rev. Stat. § 352D-4.3. These individuals must consent to the checks, provide necessary identifying information, and submit a statement as to whether they have ever been convicted of a crime. The Office may refuse or terminate employment if individuals have been convicted of an offense for which incarceration is a sentencing option or if they may pose a risk to the health, safety, or well- being of youth receiving direct services from those individuals.

Doctors See General Patient Care; otherwise none.
Nurses See General Patient Care; otherwise none. Nurse Assistants/Aides See General Patient Care; otherwise none. Volunteers See General Patient Care; otherwise none. Technicians See General Patient Care; otherwise none. In-Home Workers See General Patient Care; otherwise none. Other Staff Members/Personnel See General Patient Care; otherwise none.