WAC 246-322-030   Criminal history, disclosure, and background inquiries.  (1) The licensee or license applicant shall require a disclosure statement as defined in RCW 43.43.834 for each prospective employee, volunteer, contractor, student, and any other individual associated with the hospital having direct contact with vulnerable adults as defined under RCW 43.43.830.

     (2) The license applicant having direct contact with vulnerable adults shall obtain a Washington state patrol criminal history background disclosure statement and submit it to the department with the initial application for licensure.

     (3) The licensee or license applicant shall:

     (a) Require a Washington state patrol criminal history background inquiry, as specified in RCW 43.43.842(1), from the Washington state patrol or the department of social and health services for each:

     (i) Staff person, student, and any other individual currently associated with the hospital having direct contact with vulnerable adults, when engaged on or since July 22, 1989; and

     (ii) Prospective staff person, student, and individual applying for association with the hospital prior to allowing the individual direct contact with vulnerable adults, except as allowed by subsection (4) of this section;

     (b) Inform each individual identified in (a) of this subsection of the requirement for a background inquiry;

     (c) Require the individual to sign an acknowledgement statement that a background inquiry will be made;

     (d) Verbally inform the individual of the background inquiry results within seventy-two hours of receipt; and

     (e) Offer to provide a copy of the background inquiry results to the individual within ten days of receipt.

     (4) The licensee may conditionally employ, contract with, accept as a volunteer or associate, an individual having direct contact with vulnerable adults pending a background inquiry, provided the licensee:

     (a) Immediately obtains a disclosure statement from the individual; and

     (b) Requests a background inquiry within three business days of the conditional acceptance of the individual.

     (5) Except as provided in RCW 43.43.842 and in subsection (4) of this section, a licensee shall not hire or retain, directly or by contract, any individual having direct contact with vulnerable adults, if that individual has been:

     (a) Convicted of a crime against individuals as defined in RCW 43.43.830;

     (b) Convicted of a crime relating to financial exploitation as defined in RCW 43.43.830;

     (c) Found in any disciplinary board final decision to have abused a vulnerable adult under RCW 43.43.830; or

     (d) The subject in a protective proceeding under chapter 74.34 RCW.

     (6) The licensee shall establish and implement procedures ensuring that all disclosure statements and background inquiry responses are:

     (a) Maintained in a confidential and secure manner;

     (b) Used for employment purposes only;

     (c) Not disclosed to any individual except:

     (i) The individual about whom the licensee made the disclosure or background inquiry;

     (ii) Authorized state and federal employees; and

     (iii) The Washington state patrol auditor; and

     (d) Retained and available for department review:

     (i) During the individual's employment or association with a facility; and

     (ii) At least two years following termination of employment or association with a facility.

     (7) The department shall:

     (a) Review records required under this section;

     (b) Investigate allegations of noncompliance with RCW 43.43.830 through 43.43.842, when necessary, in consultation with law enforcement personnel; and

     (c) Use information collected under this section solely for the purpose of determining eligibility for licensure or relicensure as required under RCW 43.43.842.

     (8) The department may require licensees to complete additional disclosure statements or background inquiries for an individual associated with the licensed hospital having direct contact with vulnerable adults if the department has reason to believe that offenses specified under RCW 43.43.830 have occurred since completion of the previous disclosure statement or background inquiry.



[Statutory Authority: Chapter 71.12 RCW and RCW 43.60.040. 95-22-012, § 246-322-030, filed 10/20/95, effective 11/20/95.]