Background Checks: A Prerequisite For Oklahoma Hospital Licenses?

Background checks are an important part of the hiring process, especially in sensitive industries such as healthcare. In Oklahoma, hospitals and other healthcare facilities are required to conduct background checks on prospective employees to ensure patient safety and comply with legal requirements. These background checks often involve fingerprinting and screening applicants on multiple registries to identify any criminal history, driving records, past employment, and education history. The Oklahoma National Background Check Program (ONBCP) utilizes the OK-SCREEN web portal for registry screening and eligibility status, with providers paying a fee for fingerprinting or enrolling eligible applicants. This process is designed to protect vulnerable patients and uphold the reputation of healthcare facilities.

Oklahoma National Background Check Program

In the state of Oklahoma, criminal background checks are legal for all employers. Employers typically run them towards the end of the interview process, usually once the applicant has reached the final stages.

The Oklahoma National Background Check Program (ONBCP) is a fingerprint-based national background check program. In April 2011, the Oklahoma State Department of Health (OSDH) was awarded a grant from the Centers for Medicare & Medicaid Services (CMS) to cover 75% of the costs for the exploration and development of the program. The law, House Bill 2582, came into effect on November 1, 2012.

The program authorises fingerprint-based background checks on all future direct patient access employees of LTC facilities and providers. The program relies on a web portal, OK-SCREEN, for registry screening and employment eligibility status. Providers will have an account on the OK-SCREEN web portal, where they can review registries and screen applicants. Applicants who are cleared on the registries are authorised for either fingerprinting or an immediate eligibility determination.

New hires will have a continuously monitored criminal history and will not require re-fingerprinting when changing employers within the industry. If an employee is arrested after their background check has been completed, the OSBI will notify the OK-SCREEN office, and the employer will be informed of revoked eligibility if the employee is convicted of a disqualifying offence.

Criminal history checks

Criminal background checks are an essential aspect of ensuring patient safety, maintaining the facility's reputation, and confirming that licensed medical professionals have the necessary qualifications. In Oklahoma, criminal background checks are legal and commonly employed, especially in sensitive sectors such as healthcare.

The Oklahoma National Background Check Program, implemented through the OK-SCREEN web portal, plays a pivotal role in this process. It involves fingerprint-based background checks for all future direct patient access employees of long-term care (LTC) facilities and providers. This includes adult day care centers, residential care homes, nursing facilities, assisted living facilities, and hospice programs. The initial screening checks multiple federal and state registries, including the OIG exclusion list, sex offender registries, and the Oklahoma Child Care Restricted Registry. If an applicant is disqualified at this stage, the employer is prohibited from hiring them.

For those who pass the initial screening, fingerprint-based criminal background checks are conducted. Applicants must provide fingerprints within 10 days of the preliminary qualification. The fingerprints are then run through a national criminal background check, and the employer receives the results. The employer may only proceed with employment if the applicant passes this stage.

Additionally, Oklahoma has implemented criminal justice reforms to mitigate the negative impact of criminal records on employment opportunities. The "Ban the Box" movement aims to prevent state agencies from asking about criminal history on job applications, recognizing that a conviction can hinder an individual's chances of successful re-entry into society. However, background checks remain a separate part of the hiring process, and employers can request criminal history records, including unsealed felony and misdemeanor convictions, arrest records, and pending criminal cases.

It is worth noting that healthcare background checks may vary in type depending on the specific job within the organization. For instance, a Level 2 background check in healthcare involves fingerprint-based searches of state and national registries, yielding more information than a name-based search. Offenses that may be disqualifying on such checks include violent crimes, sexual offenses, financial fraud, and drug-related convictions.

Overall, criminal history checks are a critical component of ensuring patient safety and maintaining the integrity of Oklahoma's healthcare system.

Drug tests and medical exams

In Oklahoma, drug testing laws allow public and private employers to require employees or all members of an employment group to undergo drug testing at random. However, the Standards for Workplace Drug and Alcohol Testing Act (SWDATA) does not require or encourage employers to conduct drug testing. Instead, it allows employers to establish drug testing programs and requires them to outline the specifics of these programs in writing before testing applicants or employees.

The Act also stipulates that employers must provide at least 10 days' notice to employees before implementing a drug testing policy or changing an existing one. They must also provide a copy of the policy to each applicant upon their acceptance of employment.

In Oklahoma, employers are not permitted to refuse to hire, terminate, or penalize an applicant or employee based on their status as a medical marijuana user or cardholder, or for a positive cannabis drug test result, except under certain conditions. These include:

• The employer would lose federal funding, risk federal licensing, or is subject to federally mandated drug testing.
• The applicant or employee does not have a valid OMMA patient license.
• The employee is in possession or is consuming cannabis and is under its influence at work.
• The position is deemed safety-sensitive, involving tasks that may affect the health and safety of the employee or others, such as handling hazardous materials.

Additionally, employers are allowed to require applicants to take drug tests and medical exams, provided they pay for them.

Fingerprint-based checks

In Oklahoma, criminal background checks are legal for all employers, and employers typically run them towards the end of the interview process. In addition, employers are allowed to require applicants to take drug tests and medical exams, provided they pay for them.

In 2011, the Oklahoma State Department of Health (OSDH) was awarded a grant from the Centers for Medicare & Medicaid Services (CMS) to cover 75% of the costs for the exploration and development of a fingerprint-based national background check program. House Bill 2582, which was adopted in 2012, changed the previous requirements for name-based background checks to begin using fingerprint-based national background checks by employers in a variety of healthcare settings. The law established fingerprinting requirements for all future employees with direct patient access. The goal of the program is to reduce the rate of abuse, neglect, and theft through more informed hiring practices, and to protect at-risk citizens in these settings.

The legislation authorizes fingerprint-based background checks on all future direct patient access employees of LTC facilities and providers. Providers will have an account on the OK-SCREEN web portal, which is used for registry screening and employment eligibility status. Authorization for fingerprinting comes after registries are reviewed from the web portal. Applicants who are cleared on the registries are authorized for fingerprinting or immediate eligibility determination. New hires will have a continuously monitored criminal history and will not require re-fingerprinting when changing employers within the industry.

The applicant's fingerprints will be run through a national criminal background check, and the employer will receive the results. The employer may only employ the applicant if they pass the fingerprint-based background check. An individual must only be fingerprinted once and will be in the OK-SCREEN system for any future employment. The new screening and background check requirements apply to any new job applicants who will have "direct patient access," meaning the applicant's job will or may involve one-on-one contact with a service recipient on an ongoing basis, including access to a patient or resident's property, medical information, or financial information.

Under the Act, employers are prohibited from hiring, retaining, or granting clinical privileges to individuals who have been convicted of designated criminal offenses, sanctioned by their applicable licensing body, or listed on offender registries. If the initial screening results show that the applicant is disqualified, the employer is prohibited from hiring that individual. If the initial screening results indicate that the applicant preliminarily qualifies, the applicant must agree to have fingerprints taken at an authorized site within 10 days.

Pre-employment checks

Fingerprint-based Background Checks

Oklahoma has implemented the Oklahoma National Background Check Program (ONBCP), which includes fingerprint-based background checks for all future direct patient access employees in long-term care (LTC) facilities. This program utilizes the OK-SCREEN web portal for registry screening and employment eligibility status. Providers can screen applicants on multiple registries, including the OIG exclusion list, sex offender registries, and the Oklahoma Child Care Restricted Registry. If an applicant is cleared in the initial screening, they must undergo fingerprinting within 10 days, and their fingerprints are run through a national criminal background check.

Criminal History Checks

Criminal background checks in Oklahoma examine a candidate's criminal history, including felony and misdemeanor convictions, arrest records leading to convictions, sex offender registry status, and pending criminal cases. These checks are crucial for ensuring patient safety and preventing the employment of individuals with relevant criminal convictions.

Employment and Education Verification

Drug Testing and Medical Exams

Oklahoma employers are permitted to require applicants to undergo drug tests and medical exams, provided the employer pays for them. This is particularly relevant for roles in healthcare, where substance abuse or medical issues could impact an individual's ability to safely perform their duties.

Driving Record Checks

For roles that require driving, such as transporting patients or delivering medical supplies, employers may conduct driving record checks. These checks verify an individual's driver's license type, safety history, citations, accidents, and license status.

Credit History

In some cases, employers may also review a candidate's credit history as part of the pre-employment checks. This includes examining payment history, bankruptcies, collection accounts, tax liens, and other financial information.

It is important to note that Oklahoma is implementing criminal justice reforms to reduce the negative impact of criminal records on employment opportunities. While background checks are still legal, employers cannot ask about expunged or sealed records, and applicants are not required to disclose them.

Frequently asked questions