AGING AND DISABILITY SERVICES ADMINISTRATION

2008 NH "Dear Administrator" Letters

December 31, 2008

ADSA: NH #2008-020
BACKGROUND CHECKS

Dear Nursing Home Administrator:

Currently, there are multiple  lists included in the Department of Social and Health Services (DSHS) Secretary’s Lists of Crimes and Negative Actions.  These lists identify criminal convictions and negative actions that disqualify someone from being used in a position that may provide unsupervised access to vulnerable adults.  The lists have been confusing for providers and employees who need to determine which list applies.

The Home and Community Services (HCS) list is similar to our Residential Care Services (RCS) list.  However, the HCS list also includes certain drug crimes that involve the manufacture or delivery of drugs, or the possession of drugs with intent to deliver them.  (Convictions for possession of drugs are not automatically disqualifying.)  There is also an additional crime of “Sending or bringing into the state depictions of a minor” which may be equivalent to the crime of promoting pornography.

The department is considering consolidating the RCS and HCS lists.  This would mean that the drug crimes that are disqualifying for individuals providing HCS services would also be disqualifying for individuals providing RCS services, including anyone who might have unsupervised access to residents/clients in any settings licensed or certified by Residential Care Services (RCS).

If we decide to consolidate the two lists, we would initiate rulemaking.  If rules expanding the list of disqualifying crimes become effective, they would most likely apply to individuals who had previously passed the background check required by RCS.

As a reminder, it is your responsibility to make the decision whether or not to hire someone based upon many factors, including the results of the background check that you do.  You are also responsible for determining if an out-of-state criminal conviction identified by a background check is equivalent to a disqualifying Washington State conviction.  You may decide to have your legal counsel help you make such a determination.

We will keep you posted of any future developments.  As always, thank you for your continued commitment to the long-term care residents of our state.

Sincerely,

Joyce Pashley Stockwell
Director, Residential Care Services