4705 CRIMINAL OFFENSES

4705.1 Except as provided in subsection 4705.2, a facility shall not employ or use the contract services of an unlicensed person who has been convicted, within the seven (7) years prior to a criminal background check conducted pursuant to these rules, of one or more of the following offenses or the equivalent thereof:

1. (a) Murder;
2. (b) Attempted murder;
3. (c) Manslaughter;
4. (d) Arson;
5. (e) Assault;
6. (f) Battery;
7. (g) Assault and battery;
8. (h) Assault with a dangerous weapon;
9. (i) Mayhem;
10. (j) Threats to do bodily harm;
11. (k) Burglary;
12. (l) Robbery;
13. (m) Kidnapping;
14. (n) Theft;
15. (o) Fraud;
16. (p) Forgery;
17. (q) Extortion;
18. (r) Blackmail;
19. (s) Illegal use of a firearm;
20. (t) Illegal possession of a firearm;
21. (u) Rape;
22. (v) Sexual assault;
23. (x) Sexual battery;
24. (y) Sexual abuse;

(z) Child abuse;

(aa) Cruelty to children;

(bb) Unlawful distribution of a controlled substance; and

(dd) Unlawful possession of a controlled substance with intent to distribute.

4705.2 A facility may employ or use the contract services of an unlicensed person who has been convicted only of one (1) offense listed in section 4705.1 at the misdemeanor level, provided that:

(a) The misdemeanor offense did not involve abuse or moral turpitude;

(b) There are no criminal matters pending against the person on the date of the person's employment or commencement of contract service with the facility; and

(c) The person's name is not on the Nurse Aide Abuse Registry.

4705.3 The facility must verify, by information obtained in the original criminal background check or by one or more supplemental checks, that the unlicensed person meets the requirements for employment or contract service contained in subsection 4705.2.

SOURCE: Final Rulemaking published at 48 DCR 294 (January 12, 2001); Final Rulemaking published at 49 DCR 6835 (July 19, 2002).