Missouri Revised Statutes
Chapter 192
Department of Health and Senior Services
←192.2490
Section 192.2495.1
192.2495→
August 28, 2015
Beginning January 1, 2017--Criminal background checks of employees, required when--persons with criminal history not to be hired, when, penalty--failure to disclose, penalty--improper hirings, penalty--definitions--rules to waive hiring restrictions.
192.2495. 1. For the purposes of this section, the term "provider"
means any person, corporation or association who:
(1) Is licensed as an operator pursuant to chapter 198;
(2) Provides in-home services under contract with the department of
social services or its divisions;
(3) Employs nurses or nursing assistants for temporary or
intermittent placement in health care facilities;
(4) Is an entity licensed pursuant to chapter 197;
(5) Is a public or private facility, day program, residential
facility or specialized service operated, funded or licensed by the
department of mental health; or
(6) Is a licensed adult day care provider.
2. For the purpose of this section "patient or resident" has the same
meaning as such term is defined in section 43.540.
3. Prior to allowing any person who has been hired as a full-time,
part-time or temporary position to have contact with any patient or
resident the provider shall, or in the case of temporary employees hired
through or contracted for an employment agency, the employment agency shall
prior to sending a temporary employee to a provider:
(1) Request a criminal background check as provided in section
43.540. Completion of an inquiry to the highway patrol for criminal
records that are available for disclosure to a provider for the purpose of
conducting an employee criminal records background check shall be deemed to
fulfill the provider's duty to conduct employee criminal background checks
pursuant to this section; except that, completing the inquiries pursuant to
this subsection shall not be construed to exempt a provider from further
inquiry pursuant to common law requirements governing due diligence. If an
applicant has not resided in this state for five consecutive years prior to
the date of his or her application for employment, the provider shall
request a nationwide check for the purpose of determining if the applicant
has a prior criminal history in other states. The fingerprint cards and
any required fees shall be sent to the highway patrol's central repository.
The first set of fingerprints shall be used for searching the state
repository of criminal history information. If no identification is made,
the second set of fingerprints shall be forwarded to the Federal Bureau of
Investigation, Identification Division, for the searching of the federal
criminal history files. The patrol shall notify the submitting state
agency of any criminal history information or lack of criminal history
information discovered on the individual. The provisions relating to
applicants for employment who have not resided in this state for five
consecutive years shall apply only to persons who have no employment
history with a licensed Missouri facility during that five-year period.
Notwithstanding the provisions of section 610.120, all records related to
any criminal history information discovered shall be accessible and
available to the provider making the record request; and
(2) Make an inquiry to the department of health and senior services
whether the person is listed on the employee disqualification list as
provided in section 192.2490.
4. When the provider requests a criminal background check pursuant to
section 43.540, the requesting entity may require that the applicant
reimburse the provider for the cost of such record check. When a provider
requests a nationwide criminal background check pursuant to subdivision (1)
of subsection 3 of this section, the total cost to the provider of any
background check required pursuant to this section shall not exceed five
dollars which shall be paid to the state. State funding and the obligation
of a provider to obtain a nationwide criminal background check shall be
subject to the availability of appropriations.
5. An applicant for a position to have contact with patients or
residents of a provider shall:
(1) Sign a consent form as required by section 43.540 so the provider
may request a criminal records review;
(2) Disclose the applicant's criminal history. For the purposes of
this subdivision "criminal history" includes any conviction or a plea of
guilty to a misdemeanor or felony charge and shall include any suspended
imposition of sentence, any suspended execution of sentence or any period
of probation or parole; and
(3) Disclose if the applicant is listed on the employee
disqualification list as provided in section 192.2490.
6. An applicant who knowingly fails to disclose his or her criminal
history as required in subsection 5 of this section is guilty of a class A
misdemeanor. A provider is guilty of a class A misdemeanor if the provider
knowingly hires or retains a person to have contact with patients or
residents and the person has been found guilty in this state or any other
state or has been found guilty of a crime, which if committed in Missouri
would be a class A or B felony violation of chapter 565, 566 or 569, or any
violation of subsection 3 of section 198.070 or section 568.020.
7. Any in-home services provider agency or home health agency shall
be guilty of a class A misdemeanor if such agency knowingly employs a
person to provide in-home services or home health services to any in-home
services client or home health patient and such person either refuses to
register with the family care safety registry or is listed on any of the
background check lists in the family care safety registry pursuant to
sections 210.900 to 210.937.
8. The highway patrol shall examine whether protocols can be
developed to allow a provider to request a statewide fingerprint criminal
records review check through local law enforcement agencies.
9. A provider may use a private investigatory agency rather than the
highway patrol to do a criminal history records review check, and
alternatively, the applicant pays the private investigatory agency such
fees as the provider and such agency shall agree.
10. Except for the hiring restriction based on the department of
health and senior services employee disqualification list established
pursuant to section 192.2490, the department of health and senior services
shall promulgate rules and regulations to waive the hiring restrictions
pursuant to this section for good cause. For purposes of this section,
"good cause" means the department has made a determination by examining the
employee's prior work history and other relevant factors that such employee
does not present a risk to the health or safety of residents.
(L. 1996 H.B. 1362, A.L. 1997 S.B. 358, A.L. 1998 H.B. 1046 merged
with H.B. 1907, A.L. 2003 S.B. 556 & 311, A.L. 2003 2nd Ex. Sess.
S.B. 4, A.L. 2014 H.B. 1299 Revision § 192.1110 merged with S.B.
491 § 197.1038)
Effective 1-01-17
*Transferred 2014; formerly 660.317
2003
2003
192.2495. 1. For the purposes of this section, the term "provider" means
any person, corporation or association who:
(1) Is licensed as an operator pursuant to chapter 198;
(2) Provides in-home services under contract with the department;
(3) Employs nurses or nursing assistants for temporary or intermittent
placement in health care facilities;
(4) Is an entity licensed pursuant to chapter 197;
(5) Is a public or private facility, day program, residential facility
or specialized service operated, funded or licensed by the department of
mental health; or
(6) Is a licensed adult day care provider.
2. For the purpose of this section "patient or resident" has the same
meaning as such term is defined in section 43.540.
3. Prior to allowing any person who has been hired as a full-time,
part-time or temporary position to have contact with any patient or resident
the provider shall, or in the case of temporary employees hired through or
contracted for an employment agency, the employment agency shall prior to
sending a temporary employee to a provider:
(1) Request a criminal background check as provided in section 43.540.
Completion of an inquiry to the highway patrol for criminal records that are
available for disclosure to a provider for the purpose of conducting an
employee criminal records background check shall be deemed to fulfill the
provider's duty to conduct employee criminal background checks pursuant to
this section; except that, completing the inquiries pursuant to this
subsection shall not be construed to exempt a provider from further inquiry
pursuant to common law requirements governing due diligence. If an applicant
has not resided in this state for five consecutive years prior to the date of
his or her application for employment, the provider shall request a
nationwide check for the purpose of determining if the applicant has a prior
criminal history in other states. The fingerprint cards and any required fees
shall be sent to the highway patrol's central repository. The first set of
fingerprints shall be used for searching the state repository of criminal
history information. If no identification is made, the second set of
fingerprints shall be forwarded to the Federal Bureau of Investigation,
Identification Division, for the searching of the federal criminal history
files. The patrol shall notify the submitting state agency of any criminal
history information or lack of criminal history information discovered on the
individual. The provisions relating to applicants for employment who have
not resided in this state for five consecutive years shall apply only to
persons who have no employment history with a licensed Missouri facility
during that five-year period. Notwithstanding the provisions of section
610.120, all records related to any criminal history information discovered
shall be accessible and available to the provider making the record request;
and
(2) Make an inquiry to the department of health and senior services
whether the person is listed on the employee disqualification list as
provided in section 660.315.
4. When the provider requests a criminal background check pursuant to
section 43.540, the requesting entity may require that the applicant
reimburse the provider for the cost of such record check. When a provider
requests a nationwide criminal background check pursuant to subdivision (1) of
subsection 3 of this section, the total cost to the provider of any
background check required pursuant to this section shall not exceed five
dollars which shall be paid to the state. State funding and the obligation
of a provider to obtain a nationwide criminal background check shall be
subject to the availability of appropriations.
5. An applicant for a position to have contact with patients or residents
of a provider shall:
(1) Sign a consent form as required by section 43.540 so the provider
may request a criminal records review;
(2) Disclose the applicant's criminal history. For the purposes of this
subdivision "criminal history" includes any conviction or a plea of guilty to
a misdemeanor or felony charge and shall include any suspended imposition of
sentence, any suspended execution of sentence or any period of probation or
parole; and
(3) Disclose if the applicant is listed on the employee disqualification
list as provided in section 660.315.
6. An applicant who knowingly fails to disclose his or her criminal
history as required in subsection 5 of this section is guilty of a class A
misdemeanor. A provider is guilty of a class A misdemeanor if the provider
knowingly hires or retains a person to have contact with patients or residents
and the person has been convicted of, pled guilty to or nolo contendere in
this state or any other state or has been found guilty of a crime, which if
committed in Missouri would be a class A or B felony violation of chapter
565, 566 or 569, or any violation of subsection 3 of section 198.070 or
section 568.020.
7. Any in-home services provider agency or home health agency shall be
guilty of a class A misdemeanor if such agency knowingly employs a person to
provide in-home services or home health services to any in-home services
client or home health patient and such person either refuses to register with
the family care safety registry or is listed on any of the background check
lists in the family care safety registry pursuant to sections 210.900 to
210.937.
8. The highway patrol shall examine whether protocols can be developed to
allow a provider to request a statewide fingerprint criminal records review
check through local law enforcement agencies.
9. A provider may use a private investigatory agency rather than the
highway patrol to do a criminal history records review check, and
alternatively, the applicant pays the private investigatory agency such fees
as the provider and such agency shall agree.
10. Except for the hiring restriction based on the department of health
and senior services employee disqualification list established pursuant to
section 660.315, the department of health and senior services shall promulgate
rules and regulations to waive the hiring restrictions pursuant to this
section for good cause. For purposes of this section, "good cause" means the
department has made a determination by examining the employee's prior work
history and other relevant factors that such employee does not present a risk
to the health or safety of residents.
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