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Disqualifying Convictions in Accordance with the Health Care Worker Background Check Act

Health care employers are required by The Health Care Worker Background Check Act to conduct a criminal background check for certain applicants of health care positions. The Act prohibits the hiring of any applicant or retaining of any employee involved in direct patient care who has been convicted of any of the enumerated criminal offenses after the effective dates, unless the applicant or employee obtains a waiver.

Health Care Background Check Act

Health Care Background Check Act


Job_seekers can obtain a waiver application.

They review applications to consider the type of offense, how long it’s been since the offense, and the individual’s work history since the offense.

Violations under the Criminal Code

1. Solicitation of murder, solicitation of murder for hire
2. Murder, homicide, manslaughter or concealment of a homicidal death
3. Kidnaping or child abduction
4. Unlawful restraint or forcible detention
5. Indecent solicitation of a child, sexual exploitation of a child, exploitation of a child, child pornography
6. Assault; aggravated assault; battery; battery of an unborn child; domestic battery; aggravated domestic battery; aggravated battery; heinous battery; aggravated battery with a firearm; aggravated battery with a machine gun or a firearm equipped with a silencer; aggravated battery of a child; aggravated battery of an unborn child; aggravated battery of a senior citizen; or drug-induced infliction of great bodily harm
7. Tampering with food, drugs or cosmetics
8. Aggravated stalking
9. Home invasion
10. Criminal sexual assault; aggravated criminal sexual assault; predatory criminal sexual assault of a child; criminal sexual abuse; aggravated criminal sexual abuse
11. Endangering the life or health of a child
12. Abuse and gross neglect of a long-term care facility resident
13. Endangering the life or health of a child
14. Ritual Mutilation, ritualized abuse of a child
15. Theft; theft of lost or mislaid property; retail theft; financial identity theft; aggravated financial identity theft
16. Financial exploitation of an elderly person or a person with a disability
17. Forgery
18. Robbery, armed robbery, aggravated robbery
19. Vehicular hijacking, aggravated vehicular hijacking
20. Burglary, residential burglary
21. Criminal trespass to a residence
22. Arson, aggravated arson, residential arson
23. Unlawful use of weapons, unlawful use or possession of weapons by felons or persons in the custody of Department of Corrections facilities; aggravated discharge of a firearm; aggravated discharge of a machine gun or a firearm equipped with a silencer; reckless discharge of a firearm; aggravated unlawful use of a weapon; unlawful discharge of firearm projectiles; unlawful sale or delivery of firearms on the premises of any school
24. Armed violence
25. Endangering life or health of a child
26. Permitting sexual abuse of a child

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10 Responses to “Disqualifying Convictions in Accordance with the Health Care Worker Background Check Act”

  1. Kaycee says:

    What I would like to know is… if you have a misdemeanor for shoplifting that HAS BEEN expunged can you get a job as a CNA or phlebotomy technician??? Is there a certain amount of time that has to pass after the convistion before you can become a CNA?? Or is it no matter what you can never be a CNA or ny kind of healthcare worker if you were convicted of shoplifting expunged or not… Even if it happened when you were 18…. at 24-25 can you still not become a CNA or healthcare worker?? Is it just certain states that wont allow you even if its expunged?? Just wondering nobody in my home area seems to know the definite answer…

  2. Cassie Wolff says:

    I am trying to do the same exact thing, I have two misdemeanors for shoplifting and one is expunged, as soon as I get the other one exp. I am going to look furthur. if you find out anything let me know!!! thanks

  3. I have about 43 applications for a Healthcare worker. I have experience with Housekeeping in Nursing Care Facilities and I’m interested in becoming a Certified CNA. I,m completely Unemployed and have exhausted all of my UNemployment Benefits. I have been trying to become a Healthcare Worker/CNA trainee Since January of this year. I have two things on my Criminal Record. One Simple Assault From (1997) and One Petty Theft Charge from (2004). That was the last thing I did. Out of 43 applications I was hired at 3 different Healthcare Facilities. Each Place Hired Me , Before they Completed my Background Checks Because I left My Background Information out on my application. I Was Fired Within 1 to 2 weeks in each place. Out of the other 40 Applications I had about 30 interviews but, after I was honest about my background, I never heard from them again. I have started proceedings for expungement only to find out after my record is removed from the courts and local state police it willneed a seperate expungement off of the internet. This is very expensive and I can’t afford it. Is there any kind of Job in any type of Health Care Facility That Wouldn’t require a background check or base their hiring decision on my criminal background? What Will CNA training do if I’m unable to get a job? Do you know what I can do?

  4. brenda says:

    I got a conviction in 1986 for forgery it is now 2010 I want to go to college to become an RN will I be able to find a job with this conviction????

  5. Derek says:

    I’m currently a CNA in NYC with two felony convictions. first one was in 1993 for Grand Larceny E lony, and the second one was in 1996 for Assault in the 2nd degree a D felony. I became a CNA in March of 2007. I’ve been at my job for the past 2 1/2 years and i love the field. I want to further my career and become a RN. Does anyone know the law that stipulates if a person can become a RN with a felony conviction. I know there is a Law in NY that states that you can become a CNA if the conviction is over ten years. Does that include the same as for a RN?

  6. charlotte says:

    my daughter ha bee convicted of felonies, credit card theft identy theft escaping worthless checks.can she continue her education to become a medical assistant person in the medical field.

  7. Dedrick says:

    i have a deferred adjudication for misdemeanor assault, i was wondering if i could still become a cna?

  8. Mark Rei says:

    I am becoming an lvn but i got a misdemeanor for driving without insurance and possession of an illegal item.

  9. Keevanna says:

    I am currently in a transfer program at my local community college. I have just become aware that I may have trouble gaining acceptance into the only university in my state that has a school of dentistry due to a misd. larceny conviction. How do I find out if that conviction will disqualify me from being licensed or accepted into clinicals before I waste my time completing the program?

  10. Candace says:

    It may depend on the state. Most states if not all will disqualify you if you have any type of theft, assault (even simple) kidnapping, crimes of hate, crimes of any type against a child, drugs possession with intent to distribute, prostitution charges of any kind, ect. Any crime that involves the helpless and the elderly and anything that could question what you do when no one is watching. I don’t know about the statute of limitations but these crimes will usually get you booted at the door.

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