3609. BACKGROUND CHECKS FOR HEALTH-CARE WORKERS INFRACTIONS

3609 BACKGROUND CHECKS FOR HEALTH-CARE WORKERS INFRACTIONS 3609.1 Violation of any of the following provisions shall be a Class 1 infraction: (a) 22 DCMR § 4701.1(a) (employing or using the contract services of a person convicted of a listed offense); (b) 22 DCMR § 4705.1 (employing or using the contract services of a person convicted of a listed offense; (c) 22 DCMR § 4701.1(b) (employing or using the contract services of a person listed on the Nurse Aide Abuse Registry); (d) 22 DCMR § 4703.2 (continuing to employ or use the contract services of a current staff member if a background check reveals a conviction for a listed offense); or (e) 22 DCMR § 4705.2 (employing or using the contract services of a person convicted of a listed misdemeanor offense unless the specified requirements for employment are met). 3609.2 Violation of any of the following provisions shall be a Class 2 infraction: (a) 22 DCMR § 4701.2 (failure to obtain a criminal background check and/or a Nurse Aide Abuse Registry check before employing or using the contract services of a covered person); (b) 22 DCMR § 4704.1(d) (failure to maintain documentation of an employee's criminal background check results); (c) 22 DCMR § 4704.1(e) (failure to maintain documentation of an employee's Nurse Aide Abuse Registry check results); or (d) 22 DCMR § 4705.3 (failure to verify whether a person convicted of a misdemeanor meets the specified requirements for employment). 3609.3 Violation of any of the following provisions shall be a Class 3 infraction: (a) 22 DCMR § 4701.5 (failure to obtain a complete criminal background check as specified before employing an individual); (b) 22 DCMR § 4704.2 (improper disclosure of criminal background check records); (c) 22 DCMR § 4704.3 (failure to manage recordkeeping and disclosure of Nurse Aide Abuse Registry information in compliance with the Abuse Registry rules); (d) 22 DCMR § 4704.4 (failure to maintain an employee's criminal background records for 1 year following the end of that person's employment). 3609.4 Violation of any of the following provisions shall be a Class 4 infraction: (a) 22 DCMR § 4701.3 (failure to inform an applicant of the background check requirement, or to obtain the information necessary for the performance of the check, before offering employment); (b) 22 DCMR § 4704.1(a) (failure to maintain documentation of an employee's date of hire); (c) 22 DCMR § 4704.1(b) (failure to maintain documentation of the date a background check was requested for an employee); (d) 22 DCMR § 4704.1(c) (failure to maintain documentation of the date the background check results for an employee were received); (e) 22 DCMR § 4704.1(f) (failure to maintain documentation of any sworn statements submitted by an employee related to his or her background check); or (f) 22 DCMR § 4704.1(g) (failure to maintain documentation of any action taken by the employer facility as a result of information obtained from a background check). SOURCE: Final Rulemaking published at 52 DCR 5017 (May 27, 2005).