Can Someone Work in Healthcare With a Criminal Record?

The healthcare industry in America is massive. The system serves millions of people at every level of need. The work involves more than doctors and nurses. Specialists, technicians, custodial staff members, and many other healthcare professionals work in the sector. These organizations face significant staffing demands. There are regulations about hiring to consider, too, even for applicants. What disqualifies you from working in healthcare? Can you work in healthcare with a misdemeanor or a felony?

Both employers and applicants must navigate these questions. States carefully regulate the licensing of care providers, and laws often relate to those in support roles. These rules apply to hospitals and often to nursing homes, hospices, and more. Some types of criminal history, including violent felonies, disqualify applicants nationwide. In other cases, there are waiver and exemption processes.

Always review the laws local to the state where you operate or work. With 50 different legislative approaches, rules can vary significantly from place to place. The answer to “Do hospitals hire felons?” can change across state lines. However, we can consider what to expect as a general rule in most states. To begin, let’s discuss why these rules exist in the first place.

Why Are Criminal Records Sometimes Disqualifying in the Healthcare Field? 

The nature of the work in healthcare is unique compared to other industries. Retail and construction workers don’t have the same kind of responsibilities as those in healthcare. A healthcare worker might:

• Have access to sensitive health information
• Work with vulnerable individuals
• Oversee potent prescription medications
• Frequently be alone with patients.

There are many opportunities for wrongdoing in a healthcare environment. Health facilities must control such risks, from prescription drug theft to patient abuse. Healthcare background checks contribute to that effort. The potential for abuse is significant. One doesn’t need to look far to find stories of what can go wrong. Eldercare associates may steal from or even abuse their charges. Hospital pharmacists might steal powerful opioid medication.

Evaluating risks requires careful evaluation. Can you work in the medical field with a felony? It depends heavily on the criminal charges. An old felony conviction for battery might not guarantee future risks. However, the law and healthcare employers must consider the potential for violence or wrongdoing. For these reasons, regulators nationwide have created lists of disqualifying offenses for healthcare.

Understanding State Regulations 

State regulations about healthcare employment may apply only to licensed doctors and nurses. In other cases, the rules may extend to cover support staff. Hospitals are also free to set unique hiring requirements to manage risk. Therefore, whether you can work in healthcare with a criminal record can depend on several factors. 

Lawmakers in virtually every state have made lists of convictions that disqualify individuals from working in healthcare. In some states, such as Illinois, some offenses are automatic disqualifiers. Others allow for an appeal process. Some of the offenses that disqualify individuals include:

• Murder or manslaughter
• Aggravated assault
• Battery
• Domestic abuse
• Crimes of a sexual nature

These lists are often extensive and include other crimes, such as selling drugs or misusing firearms. They may also change and grow over time, so employers should monitor such changes carefully. For example, in 2020, Florida updated its regulations. The crime of battering a vulnerable adult became disqualifying. In 2004, Illinois added an array of offenses related to identity theft when that crime became more common.

So, can you work in the medical field with a misdemeanor? It depends on your state’s requirements. The Federation of State Medical Boards provides a helpful starting point. This guide indicates each state’s general healthcare background check requirements. From there, it’s recommended that you consult resources from your state’s medical or licensing boards.

What Is the Federal Law? 

Hospitals and other medical care facilities must also follow some federal rules. Those laws come into effect when an organization receives federal funding. Most prominent providers interact with federal healthcare programs in some way. These organizations cannot hire what the government calls excluded individuals. Mandatory exclusions in federal law include convictions for:

• Medicare/Medicaid fraud
• Felony healthcare fraud
• Healthcare-related theft or financial crime.
• Felony drug crimes.
• Patient abuse.

The government may also exclude those with misdemeanor convictions for crimes in similar categories. When wondering, “What type of background checks do hospitals do?” remember that checking the exclusion list is mandatory for such employers.

About Obtaining Waivers and Exemptions

Some states and even the federal government offer waiver programs. However, individuals excluded by the government can’t apply for federal waivers; only the administrator of a federal healthcare program can.

State exemptions allow individuals to apply to have their disqualification waived. This process does not seal or expunge criminal records; it merely provides a pathway to earning an exception to the established laws. Waivers don’t guarantee that an applicant will get the job, either.

States, including Florida, California and Illinois, have procedures for waivers. Can you work in a hospital with a misdemeanor in these states? Applicants must meet the waiver requirements. Sex crime convictions aren’t included in the list of eligible crimes. Standard waiver requirements include:

• Completing all the terms of a sentence, including paying all court fees and fines.
• Waiting for a time to elapse after sentence completion.
• Avoiding any additional criminal convictions.

Each state’s process differs; many do not have a waiver program.

Running Effective Background Checks in Healthcare

It’s clear that when engaged in healthcare hiring, a criminal record can be serious business. There can be several layers of regulation to deal with in addition to internal requirements. An effective background screening process is essential for compliance and safety for these providers. How do you obtain the necessary information?

There is no official all-in-one government database of criminal records nationwide. However, tools are available through consumer reporting agencies such as backgroundchecks.com. We’ve taken every step to compile criminal record information nationwide from county courts and state databases. Today, our US OneSEARCH database contains more than 650 million records. In most states, ordering a background check on an applicant and having an initial report within seconds is possible.

With that as your basis for understanding a candidate’s background, you can choose your next move with more information. Additional vetting beyond criminal background checks for healthcare workers also helps develop confidence in an applicant. Drug testing is often a requirement, too.

Using these is a simple way to ensure that your background check process meets legal requirements. They also help you select stronger candidates for hiring. Remember to review your state’s list of disqualifying offenses before you begin. Evaluate the background reports you receive with those rules in mind.

Protect and Foster Better Patient Care Experiences

Background checks can’t predict the future but can help you manage risk more effectively. Reduce crimes of opportunity and create a safer healthcare environment. It’s not just about safety—it’s often about following the law. Failing to comply could lead to severe problems and harm to patients.

Review the laws that apply based on where you operate. Know what disqualifies you from working in healthcare and how to use those rules for applicants. Then, the tools necessary to build a framework for safe, effective hiring at every industry level must be obtained. Discover advanced solutions tailored for healthcare today from backgroundchecks.com to confidently meet your obligations.