WAC 388-76-10174   Background checks--Disclosure of information--Sharing of criminal background information by health care facilities.  In accordance with RCW 43.43.832 a health care facility may share criminal background information with other health care facilities. For the purposes of this section health care facility means a nursing home licensed under chapter 18.51 RCW, a boarding home licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.

     (1) A health care facility may, upon request from another health care facility, share copies of completed criminal background inquiry information.

     (2) A health care facility may share completed criminal background inquiry information only if:

     (a) The health care facility sharing the criminal background inquiry information is reasonably known to be the person's most recent employer;

     (b) No more than twelve months has elapsed from the date the person was last employed at a licensed health care facility to the date of their current employment application; and

     (c) The criminal background information is no more than two years old.

     (3) If criminal background inquiry information is shared, the health care facility employing the subject of the inquiry must require the applicant to sign a disclosure statement indicating that there has been no conviction or finding as described in RCW 43.43.842 since the completion date of the most recent criminal background inquiry.

     (4) Any health care facility that knows or has reason to believe that an applicant has or may have a disqualifying conviction or finding as described in RCW 43.43.842, after the completion date of their most recent criminal background inquiry:

     (a) Cannot rely on the applicant's previous employer's criminal background inquiry information; and

     (b) Must request a new criminal background inquiry pursuant to RCW 43.43.830 through 43.43.842.

     (5) Health care facilities that share criminal background inquiry information shall be immune from any claim of defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of this information in accordance with this section.

     (6) Health care facilities must send and receive the criminal background inquiry information in a manner that reasonably protects the subject's rights to privacy and confidentiality.



[Statutory Authority: RCW 70.128.040. 09-03-030, § 388-76-10174, filed 1/12/09, effective 2/12/09.]