101 CMR, § 15.03 - Scope

(1) Upon completion of registration with the Department of Criminal Justice Information Services (DCJIS), criminal history information shall be required and only considered with respect to the following categories of applicants and employees of EOHHS, its agencies, and vendor programs:

(a) applicants and employees seeking a position that entails the potential for unsupervised contact with program clients;

(b) applicants and employees for whom a CORI is necessary to comply with other legal requirements, or for whom a CORI is otherwise deemed by EOHHS, its agencies, or vendor programs to be relevant to the duties and qualifications of the position; and

(c) employees who apply for a new position that falls within the scope of 101 CMR 15.03(1)(a) or (b).

(2) Current employees in positions where a CORI is required may be subject to a criminal record review at other times in the hiring authority's discretion. Notwithstanding the foregoing, the hiring authority shall not take any action based on the CORI unless the CORI reveals criminal activity that did not appear on the prior CORI.

(3) Neither MassHealth providers nor entities or persons who are licensed by an EOHHS agency or who receive a grant from EOHHS or an EOHHS agency are subject to 101 CMR 15.00 solely by virtue of their status as MassHealth providers, EOHHS licensees, or grant recipients. Notwithstanding the foregoing, nothing in 101 CMR 15.00 should be construed to limit the MassHealth program or an EOHHS agency from considering a person's CORI or other criminal record information when determining if he or she may participate as a provider in the MassHealth program, be licensed, or receive a grant.

(4) Notwithstanding anything in 101 CMR 15.00, a CORI is not required for EOHHS and EOHHS agency employees who, as of May 1, 2009, and for vendor program employees, who, as of July 1, 2009, hold a position where a CORI would otherwise be required, but who were not previously the subject of a CORI nor required to have been so under the EOHHS or EOHHS agency regulations applicable when the employee was hired.

(5) Notwithstanding anything in 101 CMR 15.00, EOHHS, EOHHS agencies, and vendor programs, at their expense, may use convictions and pending criminal matters in other states in addition to CORI. Such information shall be reviewed in accordance with 101 CMR 15.00 and as if the crime had occurred in Massachusetts.

(6) Notwithstanding anything in 101 CMR 15.00, 101 CMR 15.00 shall not apply to applicants for positions in or employees of vendor programs licensed by the Department of Early Education and Care. Such vendor programs shall be subject to 606 CMR 14.00: Criminal Offender and Other Background Record Checks.

(7) The procedures under 101 CMR 15.06 through 15.09 shall be followed for all positions that fall within the scope of 101 CMR 15.03.

Notes

101 CMR, § 15.03

Amended by Mass Register Issue 1337, eff. 4/21/2017.