630.170. Disqualification for employment because of conviction--appeal process--criminal record review, procedure--registry maintained, when.

MISSOURI STATUTES AND CODES

630.170. Disqualification for employment because of conviction--appeal process--criminal record review, procedure--registry maintained, when.

Disqualification for employment because of conviction--appealprocess--criminal record review, procedure--registry maintained,when.

630.170. 1. A person who is listed on the department of mentalhealth disqualification registry pursuant to this section, who is listed onthe department of social services or the department of health and seniorservices employee disqualification list pursuant to section 660.315, RSMo,or who has been convicted of or pled guilty or nolo contendere to any crimepursuant to section 565.210, 565.212, or 565.214, RSMo, or section 630.155or 630.160 shall be disqualified from holding any position in any public orprivate facility or day program operated, funded or licensed by thedepartment or in any mental health facility or mental health program inwhich people are admitted on a voluntary or involuntary basis or arecivilly detained pursuant to chapter 632, RSMo.

2. A person who has been convicted of or pled guilty or nolocontendere to any felony offense against persons as defined in chapter 565,RSMo; any felony sexual offense as defined in chapter 566, RSMo; any felonyoffense defined in section 568.020, 568.045, 568.050, 568.060, 569.020,569.025, 569.030, 569.035, 569.040, 569.050, 569.070, or 569.160, RSMo, orof an equivalent felony offense, or who has been convicted of or pledguilty or nolo contendere to any violation of subsection 3 of section198.070, RSMo, or has been convicted of or pled guilty or nolo contendereto any offense requiring registration under section 589.400, RSMo, shall bedisqualified from holding any direct-care position in any public or privatefacility, day program, residential facility or specialized serviceoperated, funded or licensed by the department or any mental healthfacility or mental health program in which people are admitted on avoluntary basis or are civilly detained pursuant to chapter 632, RSMo.

3. A person who has received a suspended imposition of sentence or asuspended execution of sentence following a plea of guilty to any of thedisqualifying crimes listed in subsection 1 or 2 of this section shallremain disqualified.

4. Any person disqualified pursuant to the provisions of subsection 1or 2 of this section may seek an exception to the disqualification from thedirector of the department or the director's designee. The request shallbe written and may not be made more than once every twelve months. Therequest may be granted by the director or designee if in the judgment ofthe director or designee a clear showing has been made by writtensubmission only, that the person will not commit any additional acts forwhich the person had originally been disqualified for or any other actsthat would be harmful to a patient, resident or client of a facility,program or service. The director or designee may grant an exceptionsubject to any conditions deemed appropriate and failure to comply withsuch terms may result in the person again being disqualified. Decisions bythe director or designee pursuant to the provisions of this subsectionshall not be subject to appeal. The right to request an exception pursuantto this subsection shall not apply to persons who are disqualified due tobeing listed on the department of social services or department of healthand senior services employee disqualification list pursuant to section660.315, RSMo, nor to persons disqualified from employment due to any crimepursuant to the provisions of chapter 566, RSMo, or section 565.020,565.021, 568.020, 568.060, 569.025, or 569.070, RSMo.

5. An applicant for a direct care position in any public or privatefacility, day program, residential facility, or specialized serviceoperated, funded, or licensed by the department or any mental healthfacility or mental health program in which people are admitted on avoluntary basis or are civilly detained pursuant to chapter 632, RSMo,shall:

(1) Sign a consent form as required by section 43.540, RSMo, toprovide written consent for a criminal record review;

(2) Disclose the applicant's criminal history. For the purposes ofthis subdivision "criminal history" includes any suspended imposition ofsentence, any suspended execution of sentence, or any period of probationor parole; and

(3) Disclose if the applicant is listed on the employeedisqualification list as provided in section 660.315, RSMo, or thedepartment of mental health disqualification registry as provided for inthis section.

6. Any person who has received a good cause waiver issued by thedivision of senior services or its predecessor under subsection 9 ofsection 660.317, RSMo, shall not require an additional exception under thissection in order to be employed in a long-term care facility licensed underchapter 198, RSMo.

7. Any public or private residential facility, day program, orspecialized service licensed, certified, or funded by the department shall,not later than two working days after hiring any person for a full-time,part-time, or temporary position that will have contact with clients,residents, or patients:

(1) Request a criminal background check as provided in section43.540, RSMo;

(2) Make an inquiry to the department of social services anddepartment of health and senior services to determine whether the person islisted on the employee disqualification list as provided in section660.315, RSMo; and

(3) Make an inquiry to the department of mental health to determinewhether the person is listed on the disqualification registry as providedin this section.

8. An applicant who knowingly fails to disclose his or her criminalhistory as required in subsection 5 of this section is guilty of a class Amisdemeanor. A provider is guilty of a class A misdemeanor if the providerhires a person to hold a direct- care position knowing that such person hasbeen disqualified pursuant to the provisions of subsection 1 or 2 of thissection.

9. The department may maintain a disqualification registry and placeon the registry the names of any persons who have been finally determinedby the department to be disqualified pursuant to this section, or who havehad administrative substantiations made against them for abuse or neglectpursuant to department rule. Such list shall reflect that the person isbarred from holding any position in any public or private facility or dayprogram operated, funded or licensed by the department, or any mentalhealth facility or mental health program in which persons are admitted on avoluntary basis or are civilly detained pursuant to chapter 632, RSMo.