Health facilities would check workers with regular patient access

The proposal bars certain people from working in covered facilities or receiving clinical privileges. The restrictions apply to people who regularly have direct access to patients or residents, or provide them direct services, at a covered facility. The listed offenses include certain felonies and misdemeanors, with exceptions and different look-back periods. Separate restrictions cover people subject to a specified court order or disposition, or a substantiated finding of neglect, abuse, or misused property. The text measures conviction look-back periods from the application or contract date; periods range from 1 to 15 years, depending on the offense.

A covered facility or staffing agency must arrange a criminal history check for a covered applicant. This applies to applicants who regularly have direct access to patients or residents, or provide them direct services, at a covered facility. A facility may conditionally employ an applicant or grant privileges before results arrive if it requests the check then and the applicant signs required statements. The facility generally must supervise the applicant until results arrive. It may allow unsupervised access earlier only after a clear public-record search, a statement of uninterrupted Michigan residence for the prior 12 months, and fingerprints within 10 business days if required. The check must be arranged before regular work or privileges begin. Conditional work may start when the facility requests the check, subject to the stated safeguards.

A covered facility must end conditional employment or privileges if the check does not confirm the applicant’s required statements. This applies to people conditionally employed or given conditional clinical privileges at a covered facility. The applicant may appeal and try to prove that the information is incorrect. Knowingly giving false information about identity, convictions, or findings is a misdemeanor punishable by up to 93 days in jail, a fine of up to $500, or both. The rule applies when the check results fail to confirm the applicant’s statements.