The Joint Commission (formerly the Joint Commission on Accreditation of Healthcare Organizations) requires that healthcare companies include students in their background check policies. While this requirement serves to mitigate risk, employment background checks are continuously scrutinized and even the tiniest flaw in screening practices can result in legal complaints.
What are the primary CA laws impacting the healthcare education industry?
California has some of the most complex regulations in the US when it comes to pre-employment background checks. Third party investigative background screenings on medical and nursing students must meet both the federal guidelines set by the Fair Credit Reporting Act (FCRA), as well as state-specific regulations.
- The California Investigative Consumer Reporting Agencies Act (ICRAA), for example, requires that employers who use third party screeners must provide an extensive and state-specific notice before running a background check on medical or nursing students each time an investigative report is requested. Additionally, public records information is generally limited to the past 7 years, with exceptions for regulated industries such as healthcare.
- The Consumer Credit Reporting Agencies Act (CCRAA) covers an employer’s use of consumer credit reports, which can only be requested for certain positions in California such as healthcare. Similar to the ICRAA, the CCRAA requires employers and third party screeners meet stringent notice and consent procedures.
Due to the various federal and state regulations regarding background screening in California, hospitals & educational institutions face many potential risks when it comes to coordinating medical and nursing student placement.
Why do CA hospitals & educational institutions face legal consequences for screening practices?
In addition to the risks posed by the intersecting requirements of various jurisdictions, hospitals & educational institutions may be brought under legal scrutiny due to shortcomings inherent to some background screening processes.
Organizations relying on database information are at a much higher risk of collecting and considering inaccurate information. For example, databases may report out-of-date records that have recently been expunged, and an organization’s use of this record for employment purposes may violate both the FCRA and ICRAA.
Additionally, some criminal records cannot be reported without violating regulations. For example, California investigative reports collected for employment purposes cannot include records of arrests without conviction except in highly regulated industries, such as healthcare, and only where the criminal record relates to the placement being filled.
How can CA employers in the healthcare education industry avoid litigation?
There are several simple ways that hospitals & educational institutions in California can fulfill medical and nursing placements while avoiding litigation. These include investing in compliance education, seeking the advice of legal counsel and screening experts, and creating and implementing specific policies and procedures that have been vetted by a compliance professional.
Background screening compliance is a complex and fairly specific niche with many variations and constant updating. California’s pre-employment screening rules and regulations are particularly complicated, but they aren’t impossible to navigate with an experienced and professional partner in pre-employment background screening.
The InfoMart Advantage Student Program
InfoMart offers Advantage Students to assist California hospitals & educational institutions with background screening compliance.
Advantage Students connects California hospitals, schools, and students through an easy-to-use and secure online screening process. Medical and nursing students can complete an online background check application and schedule a drug test online via a customized page with step-by-step instructions specific to their clinical program.
Students can complete Disclosure and Authorization forms that comply with both California and federal pre-employment screening regulations online. These electronic forms allow InfoMart to conduct the background check and share the resulting consumer report with both the school and hospital.
Schools and hospitals can view background check and drug test results for their clinical placements digitally and print results from InfoMart’s Advantage Students portal. Program administrators can indicate whether a student is accepted for onsite placement, and store screening and drug test results to assist in compliance audits.
Contact us today to learn more or get a free quote on experienced and compliant background screening for your healthcare education program.
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About Tammy Cohen
Tammy Cohen, an industry pioneer and expert in identity and employment screening, founded InfoMart over 28 years ago. Deemed the “Queen of Screen,” she’s been a force behind industry-leading innovations. She was most recently the first-to-market with a fully compliant sanctions search, as well as a suite of identity services that modernizes talent onboarding. Tammy revolutionized the screening industry when she stepped into the field, developing the first client-facing application and a due diligence criminal search that has since become standard for all background screening companies. Cohen has received national awards and honors for her business and civic involvement, including Atlanta Business Chronicle’s Top 25 Women-Owned Firms in Atlanta, Enterprising Women Magazine’s Enterprising Women of the Year award, the YWCA of Northwest Georgia’s Kathryn Woods Racial Justice Award, and a commendation in the 152nd Congressional Record. To learn more about Tammy, visit www.tammycohen.com.
InfoMart has been revolutionizing the global background and identity screening industry for over 28 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the National Association of Professional Background Screeners, and they have achieved NAPBS accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 40 industry awards. To Get the Whole Story on InfoMart, please visit www.infomart-usa.com, follow @InfoMartUSA, or call (770) 984-2727.