Haw. Code R. § 11-106-4 - Enforcement
(a) The department may revoke or suspend a
current license or certificate, impose penalties or fines, deny an application
for a license or certificate or a license or certificate renewal, if the
applicant, operator, employee, or adult volunteer at the healthcare facility,
or, in the case of any healthcare facility operated in a private residence, any
adult living in the home other than the client:
(1) Refuses to authorize the department or
its designee to conduct a background check, refuses to authorize the department
or its designee to obtain background check record information for verification,
or refuses consent to be fingerprinted;
(2) Refuses or fails to submit to the
department or its designee information required to perform a background
check;
(3) Has any disqualifying
information; or
(4) Has any
background check information that the department or its designee finds may pose
a risk to the health, safety, or welfare of the residents or patients of the
healthcare facility.
(b)
The department may withdraw an offer of employment or contract, or revoke or
suspend a current license or certificate with a healthcare facility or
healthcare provider if the prospective direct patient access employees and
adult volunteers refuse to meet the requirements contained in this
chapter.
(c) The department's
determination under subsections (a) and (b) shall be based upon consideration
of the background check information and may take into consideration:
(1) The nature of the incidents reported in
the information;
(2) The relevance
of the information to the qualifications, functions, and duties of the position
the individual seeks to occupy;
(3)
The amount of time that has passed since the incidents contained in the
information;
(4) Evidence of
rehabilitation submitted by the individual, which may include but is not
limited to character references or reports from professionals who have the
knowledge and ability to evaluate the individual;
(5) Whether the background check is completed
timely; or
(6) Additional
information the department may request from the individual.
(d) In making a determination of
suitability for employment, the department may require an in-person interview
of the individual subject to background checks in this chapter to help in the
department's final decision-making.
(e) The department or its designee shall
obtain background check information on any new employee of licensed or
certified facilities retained after the applicant is issued a license or
certificate under this section, which shall include an annual name inquiry into
state criminal history records.
Notes
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