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To assist applicants and employees in understanding what is required of them for employment in this field below is a link to the Delaware Administrative Code, Section 3105 which lists the applicants’ responsibilities.  The actual text is also listed for reference. Additional requirements can be found at 16 Del. C. §§ 1141, 1142, 1145 and 1146.

Facility Applicants:

105 Criminal History and Drug Testing for Nursing and Similar Facilities

Training Programs, Temporary Agencies and Home Health Care Agency Applicants:

3110 Background Checks and Drug Testing for Programs and Home Care Agencies

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Definitions

“Applicant” is a person seeking employment in a facility as defined below; a current employee of a facility who seeks a promotion in the facility; a self-employed person or a person employed by an agency for work in a facility; a current employee, regardless of when hired, who the Department has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed or commencing work; a former employee who consents prior to leaving employment to periodic review of his or her criminal background for a fixed time period. See 16 Del.C. 1141.

“BCC consent form” means the form provided by DHSS which informs the Applicant of the scope of the BCC, the Applicant’s legal obligations, and the legal sanctions for failure to provide complete and accurate information.

Persons Subject to the Law

All persons working in facilities are required to be on the Master List of the BCC. New Applicants must be processed through the BCC and will automatically be placed on the Master List if hired. Current employees, whether grandfathered or not, must be added to the Master List through the process directed by DHCQ.

No employer is permitted to continue to employ a grandfathered employee who has not been assigned an SBI number (through fingerprinting or retrieval by DHCQ of an SBI# previously assigned) and entered into the BCC within 120 days from the date of BCC implementation.

Non-grandfathered current employees must be entered into the BCC by September 30, 2013

Consent forms

An employee must execute a BCC consent form as a condition of employment. The consent ends when the employment ends unless the employee chooses to extend the consent to expedite rehire by avoiding the need for repeat fingerprinting if last fingerprinted within 3 years.

An employee whose employment is terminating may, at the time of separation, execute a Master List retention form in order to remain on the Master List of the BCC. The consent period is 3 years from the date last fingerprinted, less the intervening time. E.g. A person fingerprinted on June 1 of year X; can consent to remain on the Master List until May 30 of year x+3 [June 1, 2013 to May 30, 2016]. Consent cannot extend beyond 3 years from the date last fingerprinted.

The original Grandfathered employee consent form shall accompany the employee to SBI for fingerprinting if so directed by DHCQ because an SBI# is not already known by DHCQ due to prior fingerprinting. A copy of the Grandfathered employee consent form shall be maintained in a discrete file which is readily accessible, without delay, upon request by an agent of DHCQ.

A copy of the BCC consent form executed by an Applicant for employment and a copy of the Master List Retention form executed by an employee who seeks to continue inclusion on the Master List pursuant to 6.2 above shall be maintained in separate discrete files which are readily accessible, without delay, upon request by an agent of DHCQ.

The following procedure shall be established to permit the review of personal BCC disclosures by an Applicant:

An Applicant shall submit a request in writing to the Department for an on-site review of his BCC disclosures.

DHCQ shall schedule an appointment at a mutually convenient time to enable the Applicant to review the BCC disclosures. Photo identification will be required at the time of the appointment.

The BCC disclosures shall be reviewed in the presence of a DHCQ employee.

Written documentation of the date and time of the review and the names of those present shall be maintained by DHCQ.

DHCQ shall assist the Applicant who wishes to challenge the BCC disclosures by providing information about the source of the data and the way to pursue an appeal.

You may contact the BCC by phone (302)421-7405 or email DHSS_DLTCRP_BCC@state.de.us.