6 Pa. Code § 15.146 - Provisional hiring
(a) Facilities
may employ applicants on a provisional basis for a single period not to exceed
30 days for applicants requesting a State Police criminal history record, and a
single period not to exceed 90 days for applicants requesting a Federal
criminal history record, if all of the following conditions are met:
(1) Applicants shall have applied for a
criminal history report and provided the facility with a copy of the completed
request forms.
(2) The facility
shall have no knowledge about the applicant that would disqualify the applicant
from employment under
18 Pa.C.S. §
4911
(relating to tampering with public record information).
(3) The applicant shall swear or affirm in
writing that the applicant is not disqualified from employment under the
act.
(4) The provisionally employed
applicant shall receive an orientation which provides information on policies,
procedures and laws which address standards of proper care and recognition and
reporting of abuse or neglect, or both, of recipients.
(5) The facility shall regularly supervise
the applicant carrying out assigned duties. The results of the observations
shall be documented in the employee personnel file.
(6) A home health care agency shall supervise
the applicant through random, direct observation and evaluation of the
applicant and care recipient by an employee who has been employed by the home
health agency for at least 1 year. The results of the observations shall be
documented in the employee personnel file.
(7) A home health agency which has been in
business for less than 1 year shall supervise the applicant through random,
direct observation and evaluation of the applicant and care recipient by an
employee with prior employment experience of at least 1 year with one or more
other home health care agencies. The results of the observations shall be
documented in the employee personnel file.
(b) If the information obtained from the
criminal history report reveals that the applicant is disqualified from
employment in accordance with §
15.143 (relating to facility
responsibilities), the applicant shall be dismissed immediately.
(c) The administrator or designee shall
review the contents of the applicant's personnel file on the 30th day of
provisional employment of a Pennsylvania resident applicant or the 90th day of
provisional employment of a nonresident applicant to insure that the copy of
the State Police criminal history record, the letter of determination issued by
the Department, or both is physically present in the folder along with
correspondence from the State Police advising that the applicant's employment
may be continued or must be terminated.
(d) Except as provided in subsection (e), if
inspection of the file reveals that the State Police criminal history record,
the letter of determination issued by the Department, or both has not been
provided to the employer, the applicant's employment shall be immediately
suspended or terminated.
(e) If the
criminal history record report, the letter of determination issued by the
Department, or both, has not been provided due to the inability of the State
Police or the Federal Bureau of Investigation to provide them timely, the
period of provisional employment shall be extended until the facility receives
the required reports. During the extended provisional employment period, the
supervision and documentation requirements of this section shall be
continued.
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