§11-106-4 - Enforcement.

§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. FEB 03 2019 ] (Auth: HRS §321-1.4; 321-15.2; 321-20; 378-2.5) (Imp: HRS §321-15.2)

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