State Requirements for Criminal Background Checks 11/03
State Requirements for Criminal Background Checks - 2008
|State |Yes |No |Comments |
|Alabama |** |** |They are not specifically required for HHA; however most agencies do them |
| | | |anyway. They are required for any healthcare worker proving services |
| | | |through the Dept of Mental Health and in any adult care setting. |
|Arizona |** | |Arizona requires a state and federal criminal background check for |
| | | |employees providing direct care |
|Arkansas |** | | |
|California |** | |California requires background checks as part of the licensure of RNs and |
| | | |LVNs and part of the certification of home health aides. |
|Colorado |** | |Colorado requires checks on home health aides (CNAs) only. State name |
| | | |based only (not fingerprints or federal search) |
|Connecticut | |** |However, most agencies in CT do state background checks on caregivers. |
|Delaware |** | | |
|District of Columbia |** | |Personal care workers only |
|Florida |** | |Level I (statewide only) required for all who have direct patient |
| | | |contact. Level II (state + FBI national check) required for CEOs and |
| | | |CFOs. |
|Georgia | |** |No requirement, but most agencies do them on their own. |
|Hawaii | |** |Pending Legislation |
|Illinois |** | |A major revision of the Health Care Worker Background Check Code has been |
| | | |proposed for 2008-09. The purpose of the revision is to convert the |
| | | |existing Nurse Aide Registry into the Health Care Worker Registry, and to |
| | | |update the fingerprinting methods employers and aide training programs |
| | | |will be required to use to conduct the required background checks. |
|Idaho |** | |Home health aides only. Idaho is discussing the possibilities of requiring|
| | | |background checks on all newly licensed nurses and transferred nurses |
| | | |entering Idaho. |
|Indiana |** | |A person operating a home health or personal service agency must perform a|
| | | |limited criminal history check on direct care staff. If a potential |
| | | |employee is found to be living outside the state of Indiana two years |
| | | |prior, a national history check must be performed. This language is |
| | | |temporary and expires in 2009. The IN General Assembly awaits |
| | | |recommendations from the CMS pilot program. |
|Iowa |** | | |
|Kansas |** | |Any employee not licensed should have a background check unless they have |
| | | |been employed more than 5 years. This would include HHA’s and CNA’s and |
| | | |office workers. |
|Kentucky |** | |Kentucky’s licensure requires that HHA have pre-employment criminal |
| | | |background checks. This is for all workers, not just aides or only direct |
| | | |care workers. It does not specify federal or state. Most do state. The |
| | | |OIG has generally interpreted that direct care workers may not be put to |
| | | |work with clients until the results of the check are available. |
|Louisiana |** | |State Police criminal background checks are required for the unlicensed |
| | | |persons providing direct patient care (home health aides.) Additionally, |
| | | |criminal background checks must be performed for change of ownership on |
| | | |all new owners and administrative persons. |
|Maine |** | | |
|Maryland |** | | |
|Massachusetts |** | | |
|Michigan |** | | |
|Minnesota |** | | |
| | | | |
|Missouri |** | |Can not hire anyone with a misdemeanor, felony, child abuse or neglect, |
| | | |foster care abuse or neglect or license revocation. |
|Montana | |** |A direct care worker background check bill is likely to be introduced in |
| | | |2009 |
|Nebraska | |** |Hospital-based and corporate-based agencies all conduct background checks |
| | | |on their own. |
|Nevada |** | | |
|New Hampshire |** | |NH now requires state police check on all healthcare workers (including |
| | | |those at home health providers) who have patient contact, access to |
| | | |patient records or lab samples, except those licensed by the NH Board of |
| | | |Nursing. This also applies to administrators and their family members |
| | | |that live on the licensed premises (the latter applies just to residential|
| | | |facilities, obviously). |
|New Jersey |** | |Criminal history background checks must be conducted for all health care |
| | | |professionals licensed or certified by the Division of Consumer Affairs by|
| | | |2009. |
| | | |Beginning January 16, 2008, Licensed Practical Nurses, with a license |
| | | |expiration of May 31, 2009, who have never gone through a criminal history|
| | | |record background check for the New Jersey Division of Consumer Affairs, |
| | | |will begin the background check process. Certified Home Health Aides and |
| | | |RNs have already undergone the process. |
|New Mexico |** | |Anyone who has direct care with clients must have a fingerprints submitted|
| | | |to the FBI and State. |
|New York |** | |Background checks are required home health aides and personal care aides |
|North Carolina |** | |Required for all home care employees that go into the home, not required |
| | | |for owners, administrative staff, etc. |
|North Dakota | |** | |
|Ohio |** | |Ohio requires criminal background checks on home health workers and a |
| | | |federal check is also required if the worker has not lived in Ohio for at |
| | | |least 5 years. |
|Oklahoma |** | |Oklahoma requires state and federal checks for home health aide staff. |
| | | |The state has an aide registry managed by the state health dept for all |
| | | |categories of aides. |
|Oregon |** |** |In-Home Care Agencies – YES |
| | | |Home Care Agencies and Hospice – NO |
|Pennsylvania |** | | |
|Rhode Island |** | | |
|South Carolina |** | |Only for direct care givers with home care, nursing homes, adult day care,|
| | | |or residential care homes |
|South Dakota | |** | |
|Tennessee |** | |Mandatory for Medicaid waiver programs for non-medical services. |
|Texas |** | |Required for unlicensed direct care staff, administrator/CEO and CFO. |
| | | |RNs, PTs and Ots are now getting checks by their state licensing board |
| | | |upon renewal of their licensure. FBI checks on nurses will be required in|
| | | |some circumstances within the next few years. |
|Utah |** | |Utah requires criminal background checks on all direct care personnel who |
| | | |are agency employees. |
|Vermont |** | |Background checks for Vermont residents only. If someone applies from |
| | | |out-of-state, the agency must do the background check. |
|Virginia |** | | |
|Washington |** | | |
|West Virginia |** | | |
|Wisconsin |** | | |
|Wyoming |** | | |
|Alaska |** | |For any employees providing direct care in the home |
|Mississippi |** | | |
| | | | |
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