Health Facilities - Background Check FAQ'S

An agency to provide personal care services in the home
An agency to provide nursing in the home
A facility for intermediate care
A facility for skilled nursing
Residential facility for groups
Homes for individual residential care
Long term acute care hospitals
A program of hospice care
Nursing pools
A facility for the care of adults during the day
A facility for hospice care
A distinct part skilled nursing of a hospital
A hospital that provides swing-bed services
Medical facilities such as hospitals that provide residential services to children
A facility for the treatment of abuse of alcohol or drugs that provide residential services to children

2. I am a new applicant for a license for one of the facility/agency types listed above in Question #1, how do I begin the background check process (NRS 449.122)?

The first step is for the owner(s) to be background checked in accordance with NRS 449.122 in order to obtain a license. A license must be obtained before you can start background checking employees. Please refer to your licensure application for a step by step guide on how to get background checked.

Only NRS 449.122 can be used for the purposes of obtaining a license - use of any other NRS or of a personal criminal history check will not be accepted by the Bureau.

3. I am one of the facility/agency types listed in Question #1. I am a new applicant, just received my license and want to begin background checking my employees, what is the next step (NRS 449.123)?

You must receive your license from the Division of Public and Behavioral Health before you can open an account with the Department of Public Safety (DPS) to begin background checking your employees. DPS will require you to submit a copy of your license when establishing an account with them.

After obtaining a license from DPBH as one of the agencies/facilities listed in Question #1, you must establish an account with DPS to submit fingerprints in accordance with NRS Chapter 449 by going to:http://gsd.nv.gov/uploadedFiles/gsdnvgov/content/FeesForms/Civil_Applicant_Program/CivilAppChecklistAndApp.pdf

Once the fingerprint account with DPS has been established, instructions for submitting background checks will be mailed to your agency.

4. How do I conduct a background check of my employees?

ALL facilities/agencies listed in Question #1 must utilize Nevada's Automated Background Check System (NABS) to conduct background checks of all new employees and existing employees due for their 5 year background check.

Within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor the following must be completed:

1. Have the applicant/employee sign and date the Civil Applicant Waiver, Consents & Criminal History Self Disclosure Form found in NABS (go to the home page and click on the link titled, Application Forms).

2. Enter the new hire applicant/employee in NABS by going to Applications, Add New. Input the information on the screens and follow the Next/Submit prompts until you reach the Application Submitted Confirmation page.

3. Print the Fingerprint Form and give it to the applicant to take with them for fingerprinting .Send the applicant to be fingerprinted.

Note : NRS 449.123 is to be used to background check a facility's employees, employees of a temporary employment service agency working in your facility and independent contractors. Only NRS 449.123 can be used for this purpose- use of any other NRS or use of a personal criminal history check will not be accepted during a Bureau's review of personnel background check records during an inspection.

5. Where can I send an applicant to be fingerprinted?

We strongly encourage you to submit fingerprints electronically because:

There is a lower probability that the fingerprints will be rejected for poor quality.
You are likely to receive a faster response on the background check.

You can find a list of fingerprinting agencies that submit electronically to DPS by going to the DPS website at: http://gsd.nv.gov/uploadedFiles/gsdnvgov/content/FeesForms/Fingerprint_Information_and_Forms/DPS%20Website%20-%20FP%20sites%20050415.pdf

6. My facility is required to conduct background checks, who needs to be checked?

In accordance with NRS 449.123 the following individuals must bechecked regardless of whether the individual provides direct patient care ornot:

Each employee

includes the administrator

Each employee of a temporary employment service agency working in your facility
Each independent contractor

Exceptions: Volunteers and individuals not hired by the agency or facility but rather are hired directly by a resident at your licensed entity do not need to be background checked. If your agency wishes to background checks volunteers they may contact DPS for more information on how to do so.

7. What if an applicant has been fingerprinted within the preceding 6 months, do I need to background him/her again?

Enter the applicant into NABS (see Question #4 for instructions on how to do this).

If the applicant is found to be Eligible (it means he/she has been fingerprinted within the preceding 6 months and did not have any disqualifying crimes listed in NRS 449.174) click on the "Add New Application" button on the right upper hand corner. Once the page opens you can either:

Recheck the registries and if there are no disqualifying registry findings hire the individual without fingerprinting him/her again; OR
You can add a new application and have the applicant fingerprinted.

Pick the option you would like to take. Either option is acceptable. You may want to check with your facility's/agency's policy to determine what the correct choice would be for your facility/agency.

8. How often do employees need to be background checked?

At least once every 5 years after the date of the initialinvestigation.

9. What background check records must be maintained?

1) Proof of fingerprinting

If manual prints, a copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History must be maintained
If electronic prints, proof of electronic fingerprint submission must be maintained

2) Signed and dated Civil Applicant Waiver, Consents & Criminal History Self Disclosure Form (can be obtained by signing into NABS & clicking Application Forms link on the home page).

3) Clearance Letter (issued in NABS for all Eligible & Undetermined employees)

4) A current list of employees, employees of a temporary employment service and independent contractors must be maintained in Nevada's Automated Background System (NABS). This is accomplished by:

Closing or permanently hiring all applicants with Eligible or Undetermined results, as applicable.
Completing the employee verification process for all employees when prompted to do so by NABS.
Terminating/closing Not Eligible employees once the opportunity to challenge has passed and the applicant remains Not Eligible.

10. What does an undetermined result mean and what do I have to do about it?

Undetermined Background Check Results (final determination of cleared or not cleared for employment could not be made due to missing information)

All facilities/agencies listed in Question #1 must be in compliance with the adopted regulations of the State Board of Health, LCB File No. R111-12 which became effective March 28, 2014 dealing with undetermined results.

If an undetermined result is received, within 10 working days after receiving the undetermined result, your facility must notify the employee or contractor that he or she is required to provide the Central Repository (Department of Public Safety) with the required information in order to make a final determination of whether an employee or contractor is cleared or not cleared for employment. Within 30 days of being notified of the undetermined result, the employee or contractor must submit the required information to the Central Repository or provide proof from the court of jurisdiction that the information could not be obtained.

The employee or contractor must, within 30 days of being notified of the undetermined result complete the following steps:

Submit to the Department of Public Safety a challenge form (found in NABS). After receipt of the challenge form, the Department of Public Safety will contact the employee or contractor to help them identify the information that is required to make a final determination of whether the employee is cleared or not cleared to work; AND
The employee or contractor must obtain the information identified in Step 1 above and submit it to the facility and Department of Public Safety; OR
Provide a certified letter from the court of jurisdiction stating that the information could not be obtained. A copy of the letter should be kept in his or her personnel file.

An employee must comply with the regulations. If an employee refuses (willfully fails) to comply with the regulations he or she shall be terminated from employment.

11. Can a person that is found to be Undetermined or Not Eligible work?

A person that is found to be Not Eligible and does not challenge the results because the information is correct must be terminated immediately.
If a person is found to be Undetermined or Not Eligible but has challenged the findings and is within his/her opportunity to correct, the individual may be allowed to work but the facility/agency shall take actions to ensure the safety of its patients, residents or clients, including:

Prohibiting the employee, employee of a temporary employment service or independent contractor from working at the facility/agency by placing the individual on leave;
Requiring the employee, employee of a temporary employment service or independent contractor to be under the direct supervision and observation of an employee of the facility/agency while caring for any patient;
Conducting an investigation into the circumstances of the record of criminal history to determine and carry out any measures that the facility/agency identifies as necessary to ensure the safety of its patients; or
Taking any combination of the above actions.

IMPORTANT :

All undetermined responses must be challenged by the applicant (follow instructions in Question #10)
Not Eligible responses should only be challenged if the applicant believes the information is incorrect.

12. When does an applicant need to be terminated? How can I challenge the results?

Before terminating the employment or contract of a person, if the applicant is found to be Not Eligible (means DPS has determined that the applicant has been convicted of one or more of the disqualifying crimes listed in NRS 449.174) AND the applicant believes the information is incorrect then the applicant may immediately inform the facility/agency and challenge the findings by submitting a challenge form to DPS. Log into NABS, print the challenge form and submit it to DPS as instructed on the form. You will know the challenge has been received by DPS when you receive a notification from NABS indicating that a criminal history appeal has been started.

If the challenge is overturned and results in an Eligible determination, you may hire the individual upon receipt of the Eligible determination.

If the challenge is not overturned and the applicant remains Not Eligible, once the appeals process ending notice is received from NABS, indicating the time to correct has lapsed (45 days), the applicant must be terminated/not hired.

NOTE: An applicant that knows the information is correct, should not challenge the findings and the applicant should be immediately terminated/not hired.

13. Can I submit my fingerprints to the Department of Public Safety before I submit my licensure application to the Bureau of Health Care Quality and Compliance?

No. You must submit your licensure application to the Bureau first. DPS will not accept your DPS civil applicant application without a copy of your license.

14. Who pays for the background checks?

Applicant for Licensure with the Bureau of Health Care Quality and Compliance

The applicant is responsible for paying the background check costs, including the costs to be fingerprinted, state and federal background checks.

Agencies, facilities or homes that must have their employees background checked

An agency/facility is responsible for paying the background check costs imposed by the Department of Public Safety's Central Repository. An agency/facility that is required to have its employee's background checked may recover from the employee or independent contractor not more than one-half of the fee imposed by the Central Repository. If the agency/facility requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

15. I am a licensed facility but my employees are not required to undergo a background check, can I still have my employee's background checked?

Yes, if your facility is required to obtain background checks by another State Agency, such as Medicaid or Mental Health, it is important that you first contact that State Agency for information on how to meet its requirements for background checks. Follow the background check requirements of the State Agency.

If your facility is NOT required to obtain background checks by another State Agency, you can have a policy that your employees get background checked but they cannot be checked under NRS 449.123. In this case, it would also be up to your facility to determine what crimes would disqualify a person from employment.

16. I am not a licensed Bureau of Health Care Quality and Compliance agency, facility or home but Medicaid, Mental Health services or other state agency requires that I background check my employees, can they be checked using NRS 449.123 (includes use of the Nevada Automated Background Check System (NABS)) ?

No. Only the licensed facility, agency or home types listed in Question #1 may use this NRS to background check their employees. Please contact the state agency that is requiring your employees to be background checked for the appropriate NRS to conduct background checks. If your facility is NOT required to obtain background checks by another State Agency, you can have a policy that your employees get background checked but they cannot be checked under NRS 449.123.

It would also be up to your facility to determine what crimes would disqualify a person from employment.

17. I am a licensed Bureau of Health Care Quality and Compliance agency, facility or home whose employees are required to be background checked. How are independent contractors and temporary employment service agency employees working in my facility background checked?

Screen all employees, independent contractors and temporary service agency employees working in your facility through Nevada's Automated Background Check (NABS) system.

18. I was told by my employer that my background check was positive (Not Eligible). Can I challenge my background check result? If so, how do I challenge my background check result?

If the challenge is overturned and results in an Eligible determination, you may hire the individual upon receipt of the Eligible determination. The Eligible determination will be found in NABS.

NOTE: An applicant that knows the information is correct, should not challenge the findings and the applicant should be immediately terminated/not hired.

19. What are the disqualifying crimes?

A facility/agency may not employ any individual who has ever been convicted of any of the following:

Murder, voluntary manslaughter or mayhem.
Assault or battery with intent to kill or to commit sexual assault or mayhem.
Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime.
Abuse or neglect of a child or contributory delinquency.
Abuse, neglect exploitation or isolation of any older persons or vulnerable persons, including, a violation of any provision of
NRS 200.50955 or 200.5099, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct.
A violation of any provision of
NRS 422.450 to 422.590, inclusive, relating to Nevada's State Plan for Medicaid.

A facility/agency may not employ any individual who has been convicted within the past seven years of any of the following:

Any violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in
Chapter 454 of NRS, within the immediately preceding 7 years.
Misdemeanor Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years.
A crime involving domestic violence that is punished as a felony.
A crime involving domestic violence hat is punished as a misdemeanor, within the immediately preceding 7 years.
A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct.
A criminal offense under the laws governing Medicaid or Medicare.
Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property.
Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon.
An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years.

20. What does Not Eligible, Eligible and Undetermined mean? What actions must be taken when one of these determinations are made for an applicant?

Note: Notification of status with instructions on how to proceed will be via email to your facility/agency from Nevada's Automated Background Check System (NABS)

Status	Action you must take
NOT ELIGIBLE	You may *not* employ the individual, and you must terminate the individual's employment immediately (information is correct). If the individual believes the information is incorrect he/she must be given the opportunity to have the information corrected before the individual is terminated. Please see Question #18. The individual has a Nevada State and/or FBI criminal history record that lists at least one disqualifying conviction listed in NRS 449.174.
ELIGIBLE	You may employ the individual. The individual has no convictions in Nevada State or FBI criminal history records which would disqualify the individual under NRS 449.174.
UNDETERMINED	The individual has been arrested for an offense which would disqualify the individual under NRS 449.174 if the individual is convicted when the case is adjudicated. The individual must challenge the findings (see Question #10 for instructions on how to do this). The facility/agency may employ an individual with an undetermined result but must ensure the safety of its patients as outlined in Question #11.
FINGERPRINTS REJECTED - FIRST TIME	After receiving notification in NABS that the fingerprints were rejected the first time (usually due to poor quality) you must reprint the applicant and submit one manual fingerprint card (FD 258) along with ALL rejected paperwork. The reject paperwork must be stapled to the new fingerprint card when submitting it in order to receive credit and avoid additional processing fees. Fingerprint cards must be resubmitted within 10 days. Rejects cannot be resubmitted electronically . All of the information requested in this section must be mailed to: Criminal History Records Repository 333 West Nye Lane, Suite 100 Carson City, NV 89706 Failure to comply will necessitate an additional processing fee. You will either receive a valid response or another notice from NABS indicating fingerprints were rejected a second time. Please see Fingerprints Rejected- Second Time below.
FINGERPRINTS REJECTED -SECOND TIME	After receiving notification in NABS that fingerprints for an applicant were rejected a second time you may request a name check. You would send the reject paperwork along with a letter on your agency letterhead requesting a name check for your applicant to: Criminal History Records Repository 333 West Nye Lane, Suite 100 Carson City, NV 89706