Hello,

I have just recently ran this discrepancy up the chain to Janet WInterstein and Ginny Wiseman. The response I received is below. I do think this is still a minor concern that should somehow be addressed. The rules cited vs what is written on the application are conflicting. OPRS had no idea this was a provision to the med administration rules because it is nowhere on the QA tool nor is this scrutinized during a QARN review. OPSR eventually came back and stated that because the application lists enrollment into RAP Back along with the provisions of 5123:2-2-02 it would mean results needed to be back (clear as mud right) I will say if an agency is receiving the result of the background checks electronically, it would just be the applicants who are “mailed” that would need to be withheld from the class pending the results.

Hope that helps, Abbey Summers

Abbey,

I am replying to the question you posed to Lori Horvath regarding the background check rule and medication administration certification classes. There is a difference between the background check rule (OAC 5123:2-2-02) that allows for provisional hiring of personnel, prior to receiving all the results of the background check elements, versus the need to have received all the results of a background check prior to a person attending a medication administration certification.

The background check rule 5123:2-2-02(C)(7) allows a person to be employed for a limited period of time (conditional employment) pending the receipt of the background check, once the applicant submits a statement that he or she has not been convicted of or entered a plea of guilty to any disqualifying offense. Conditional employment is limited to 60 days. The employer has the ability to terminate employment if/when background returns results that are disqualifying.

The Medication Administration Certification (OAC 5123:2-6-06) is different than conditional employment; it is a state issued certification that must be legally revoked once it has been issued. This requires the state to provide for full due process rights prior to revocation. That process takes some time, and meanwhile the person still possess the DODD Medication Administration Certification. That person could continue to administer medications with a new employer while the new employer awaits background results (even though they were never legally eligible to be certified in the first place). Revocation can be lengthy process requiring the obtaining and certifying documents, issuing the notice of intent to revoke by certified mail, publishing intent to revoke in newspapers if certified mail is not signed for, and once notification is confirmed, there is a mandatory 30 day window during which the person has a right to request a hearing,. Finally (when all due process and adjudication requirements have been met), the director can issue a statement of revocation.

That is why it is the state’s position is that the background check process as specified in rule OAC 5123:2-6-06 indicates the background check must be completed (meaning results must be received) prior to DODD Medication Administration certification, and that it is substantively different than the provision in the background rule OAC 5123:2-2-02 that allow for a 60 day period of conditional employment.

From: opra_members@opra.simplelists.com <opra_members@opra.simplelists.com> On Behalf Of Anita Allen
Sent: Monday, December 10, 2018 3:38 PM
To: opra_members@opra.simplelists.com
Subject: Question for list serve

Please see question below from one of our members.

Our program is looking at the delegated nursing training requirements and wondering how others are addressing it.

Specifically, 5123-2-2-02, of course, indicates we may conditionally employ while waiting on the BCI:

(7) A responsible entity may conditionally employ an applicant, for a period not to exceed sixty days, pending receipt of information concerning the applicant's criminal records check once the applicant submits to the responsible entity the statement required by paragraph (C)(5)(a) of this rule. The responsible entity shall terminate the applicant's employment if it is informed that the applicant has been convicted of or pleaded guilty to a disqualifying offense.

This is done with an affidavit.

The delegated nursing application indicates background check results must be obtained within the given time frame. We are wondering if the "specified time frame" means that it is acceptable to have the affidavit in hand and go forward with med admin training. Or must we wait for the actual background check results to be obtained (which would push potential training times back further)?

Any feedback would be appreciated.

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