Criminal Background Checks

Title 16, Chapter 11, Subchapter III, Sections 1141 and 1145 of the Delaware Code requires the Department of Health and Social Services (DHSS) to complete criminal background checks on persons applying for a position in a nursing home or home health agency licensed pursuant to 16 Del. C. Ch.11, that affords access to patients or individuals receiving care at such a facility or private home, or a person applying for a license to operate such a facility or business.

DHCQ requires that persons applying to such facilities sign a release allowing the State Police to proceed with fingerprinting and complete a check of state criminal history through the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI).

All employers must now use the DHCQ Background Check Center.

All applicants for employment in long term care facilities and home health agencies must have a criminal background check, according to State of Delaware law. The Division of Health Care Quality receives, investigates, and maintains criminal history records, to qualify or disqualify employment applicants.

Employers may hire an applicant on a conditional basis pending receipt of the qualified/disqualified determination from the Division of Health Care Quality, after the employer obtains proof that the applicant has submitted his/her fingerprints to the State Bureau of Identification for this process.

Call DHCQ at (302) 421-7400 for more information about criminal background check requirements for employment in long-term care facilities or home health agencies.

Fingerprinting

All fingerprinting for employment in Delaware long-term care facilities or home health agencies is done in Kent County through the:
Delaware State Police State Bureau of Identification
600 S. Bay Road, Suite 1, Dover DE 19901

Walk-in Only
Monday – Friday 8 a.m. – 3:30 p.m.
Wednesday extended hours until 7 p.m.

Call (302) 739-5884 for additional information.

Be sure to bring:

• Picture ID (driver’s license, State ID, social services card, etc.)
• Completed Criminal History Record Request form .
• Payment of $85.00 in form of cash, Visa, Master Card, Discover and a business check or money order payable to the Delaware State Police

Mandatory Drug Testing

All applicants for employment in long-term care facilities and home health agencies must submit to drug testing, according to State of Delaware law.

Employers may hire an applicant on a conditional basis pending receipt of the drug test results, after the employers obtain proof that the applicant submitted to the testing.

For more information about the drug testing requirements for employment in long term care facilities or home health agencies, please call DHCQ at (302) 421-7400.

Background Check Center

The Division of Health Care Quality’s electronic Background Check Center gathers information from a variety of sources and makes the information available through a single portal.

The Background Check Center retrieves information from:

• State Bureau of Investigation – state and federal criminal background checks
• Adult Abuse Registry
• Nurse Aide Registry
• National Sex Offender Registry
• Delaware Sex Offender Registry
• Professional Regulation – license verification
• Office of the Inspector General
• Department of Labor – service letters
• Child Protection Registry
• Delaware Health Information Network – drug tests

Providers may call the Background Check Center helpline at (302) 421-7405 for additional information.

Employment Disqualifiers

The Division of Health Care Quality uses the following list of disqualifiers—similar to those used by the State of Delaware Board of Nursing—to qualify potential employees for patient care roles in Delaware-licensed skilled, acute and outpatient facilities.

CONVICTION	1YR.	2YRS	3YRS	5YR.	10YR.	NO LIMIT
§501 Criminal solicitation in the third degree		✓
§502 Criminal solicitation in the second degree			✓
§503 Criminal solicitation in the first degree				✓
§511 Conspiracy in the third degree		✓
§512 Conspiracy in the second degree			✓
§513 Conspiracy in the first degree					✓
Title 11 § 8563 Child Protection Registry check for health care.						*Refer to statute for level disqualification
Assaults and Related Offenses
§601 Offensive touching; Class A Misdemeanor				✓
§604 Reckless endangering in the first degree					✓
§603 Reckless endangering in the second degree				✓
§605 Abuse of a pregnant female in the second degree				✓
§606 Abuse of a pregnant female in the first degree					✓
§611 Assault in the third degree				✓
§612 Assault in the second degree					✓
§613 Assault in the first degree					✓
§615 Assault by abuse or neglect					✓
§621 Terroristic threatening				✓
§625 Unlawfully administering drugs Unlawfully administering controlled substance or counterfeit substance or narcotic drugs				✓
§627 Prohibited acts as to substances releasing vapors or fumes
§629 Vehicular assault in the first degree					✓
§630 Vehicular homicide in the second degree					✓
§630A Vehicular homicide in the first degree					✓
§631 Criminally negligent homicide						✓
§632 Manslaughter						✓
§633 Murder by abuse or neglect in the second degree						✓
§634 Murder by abuse or neglect in the first degree						✓
§635 Murder in the second degree;						✓
§645 Promoting suicide						✓
Sexual Offenses
§763 Sexual harassment			✓
§764 Indecent exposure in the second degree			✓
§765 Indecent exposure in the first degree				✓
§766 Incest						✓
§767 Unlawful sexual contact in the third degree;		✓
§768 Unlawful sexual contact in the second degree			✓
§769 Unlawful sexual contact in the first degree				✓
§770 Rape in the fourth degree						✓
§771 Rape in the third degree						✓
§772 Rape in the second degree						✓
§773 Rape in the first degree						✓
§774 Sexual extortion						✓
§776 Continuous sexual abuse of a child						✓
§780 Female genital mutilation						✓
§781 Unlawful imprisonment in the second degree			✓
§782 Unlawful imprisonment in the first degree				✓
§783 Kidnapping in the second degree					✓
§783A Kidnapping in the first degree					✓
§785 Interference with custody;				✓
Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Arson and Related Offenses
§801 Arson in the third degree				✓
§802 Arson in the second degree					✓
§803 Arson in the first degree					✓
§804 Reckless burning or exploding				✓
§811 Criminal mischief, Felony				✓
§820§ Trespassing§ with§ intent to peer or peep into a window or door of another;				✓
§824 Burglary in the third degree				✓
§825 Burglary in the second degree				✓
§826 Burglary in the first degree;				✓
§828 Possession of burglar§s tools or instruments facilitating theft;			✓
Robbery
§831 Robbery in the second degree					✓
§832 Robbery in the first degree					✓
§835 Carjacking in the second degree					✓
§836 Carjacking in the first degree					✓
Theft and Related Offenses
§840 Shoplifting; Felony				✓
§841 Theft				✓
§843 Theft; false pretense				✓
§844 Theft; false promise				✓
§845 Theft of services				✓
§846 Extortion				✓
§851 Receiving stolen property				✓
§854 Identity theft				✓
860 Possession of shoplifter§s tools or instruments facilitating theft;			✓
Forgery and Related Offenses
§861 Forgery				✓
§862 Possession of forgery devices			✓
Offenses Involving Falsification of Records
§871 Falsifying business records;				✓
§876 Tampering with public records in the first degree;				✓
§877 Offering a false instrument for filing;				✓
§878 Issuing a false certificate;				✓
Bribery Not Involving Public Servants
§881 Bribery;
§882 Bribe receiving;
Frauds
§891 Defrauding secured creditors;
§892 Fraud in insolvency;
§900 Issuing a bad check; Felony.				✓
§903 Unlawful use of payment card; Felony.				✓
§903 A Re-encoder and scanning devices;
§906 Deceptive business practices;
§907A Criminal impersonation, accident related;
§907B Criminal impersonation of a police officer, fire fighter, emergency medical technician (EMT), paramedic or fire police;			✓
§908 Unlawfully concealing a will;				✓
§913 Insurance fraud;				✓
§913A Health care fraud;				✓
Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Child Welfare; Sexual Offenses, Animal Offenses
§1100A Dealing in children;				✓
§1101 Abandonment of child;					✓
§1102 Endangering the welfare of a child;					✓
§1103 Child abuse in the third degree;			✓
§1103A Child abuse in the second degree;				✓
§1103B Child abuse in the first degree;					✓
§1105 Crime against a vulnerable adult;					✓
§1106 Unlawfully dealing with a child;				✓
§1107 Endangering children;				✓
§1108 Sexual exploitation of a child;					✓
§1109 Dealing in child pornography;				✓
§1111 Possession of child pornography;				✓
§1112 Sexual offenders; prohibitions from school zones.				✓
§1112A Sexual solicitation of a child;					✓
§1113 Criminal non-support and aggravated criminal non- support.				✓
§1325 Cruelty to animals;				✓
§1326 Animals; fighting and baiting prohibited;		✓
Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one§s fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:
§1201 Bribery;
§1203 Receiving a bribe;
§1207 Improper influence;
§1211 Official misconduct
§1212 Profiteering Perjury and related offenses
§1222 Perjury in the second degree;
§1223 Perjury in the first degree;		✓
§1233 Making a false written statement;
§1239 Wearing a disguise during commission of a felony
§1240 Terroristic threatening of public officials or public servants
§1243 Obstructing fire- fighting operations;
§1244 Hindering prosecution;
§1245 Falsely reporting an incident;		✓
§1250 Offenses against law- enforcement animals;		✓
§1254 Assault in a detention facility;
§1256 Promoting prison contraband;
§1257 Resisting arrest with force or violence; Felony
§1259 Sexual relations in detention facility;
Offenses Relating to Judicial and Similar Proceedings
§1261 Bribing a witness;
§1262 Bribe receiving by a witness;
§1263 Tampering with a witness;
§1263A Interfering with child witness;
§1264 Bribing a juror;
§1265 Bribe receiving by a juror;
§1266 Tampering with a juror;
§1267 Misconduct by a juror;
§1269 Tampering with physical evidence;
§1271 Criminal contempt;
§1271A Criminal contempt of a domestic violence protective order;		✓
Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals.
Disorderly Conduct and Related Offenses
§1302 Riot;
§1304 Hate crimes;				✓
§1311 Harassment;
§1312 Stalking;				✓
§1313 Malicious interference with emergency communications;			✓
§1335 Violation of privacy;			✓
§1338 Bombs, incendiary devices, Molotov cocktails and explosive devices;				✓
§1339 Adulteration;				✓
§1340 Desecration of burial place.
§1351 Promoting prostitution in the third degree;			✓
§1352 Promoting prostitution in the second degree;			✓
§1353 Promoting prostitution in the first degree;						✓
Obscenity §1361 Obscenity; acts constituting;
§1365 Obscene literature harmful to minors				✓
Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated:
§4752 Drug Dealing § Aggravated Possession, Class B Felony;				✓
§4753 Drug Dealing – Aggravated Possession, Class C Felony.			✓
§4754 Drug Dealing – Aggravated Possession, Class D Felony;		✓
§4755 Drug Dealing § Aggravated Possession, Class E Felony;		✓
§4756 Drug Dealing § Aggravated Possession, Class F Felony;		✓
§4758 Unlawful dealing in a counterfeit or purported controlled substance.			✓
§4761 Illegal possession and delivery of non- controlled prescription drugs;
§4762 Hypodermic syringe or needle; delivering or possessing; disposal; exceptions;
§4771 Drug paraphernalia;
§4798 Misuse of the Prescription Monitoring Program		✓
Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated: Offenses Involving Deadly Weapons and Dangerous Instruments
§1442 Carrying a concealed deadly weapon;		✓
§1443 Carrying a concealed dangerous instrument;		✓
§1444 Possessing a destructive weapon;		✓
§1447 Possession of a deadly weapon during commission of a felony;				✓
§1447A Possession of a firearm during commission of a felony;				✓
§1448 Possession and purchase of deadly weapons by persons prohibited;				✓
§1449 Wearing body armor during commission of felony;				✓
§1450 Receiving a stolen firearm;			✓
§1451 Theft of a firearm:			✓
§1454 Giving a firearm to person prohibited				✓
§1455 Engaging in a firearms transaction on behalf of another;				✓
§1456 Unlawfully permitting a minor access to a firearm;			✓
§1457 Possession of a weapon in a Safe School and Recreation Zone;			✓
§1458 Removing a firearm from the possession of a law enforcement officer.				✓
§1459 Possession of a weapon with a removed, obliterated or altered serial number.				✓
Offenses Involving Organized Crime and Racketeering
§3532 Acts of Intimidation: Class D felony				✓
§3533 Aggravated act of intimidation, Class B felony				✓
Other Crimes
Title 16 §1136 Violations § neglect or abuse of patient or resident of nursing facilities						✓
Title 31 3913 Abuse, Neglect, Exploit, mistreat an infirm adult						✓
Title 21 §4177 Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties, Felony §upon third (3rd) conviction§
Title 7, Conservation §1717 Unauthorized Acts against a Service Guide or Seeing Eye Dog (class D felony) (former)

We understand that people make mistakes. Further, these mistakes should not be held against a person for unusual amounts of time. With that in mind, we have grouped the offenses into six different time constraints. 1 year, 2 years, 3 years, 5 years, 10 years, and No limit. These new time constraints will help give you more confidence in our evaluation of an applicant’s conviction history, and ultimately your decision to hire.