Section 51.22. Provisional hiring

(a) A provider may provisionally hire staff pending receipt of a criminal history check and child abuse clearance, as applicable, if the following conditions are met:

(1) A provisionally-hired staff person shall have applied for a criminal history check and child abuse clearance, as required under § § 51.20 and 51.21 (relating to criminal history checks; and child abuse clearances), and give the provider a copy of the completed criminal history request form and child abuse clearance form.

(2) A provider may not hire a person provisionally if the provider has knowledge that the person would be disqualified for employment under 18 Pa.C.S. § 4911 (relating to tampering with public records or information).

(3) A provisionally-hired staff person shall swear or affirm in writing that he has not been disqualified from employment or referral under this chapter.

(4) A provider may not permit the provisionally-hired staff person awaiting a criminal history background check or child abuse clearance to work alone with a participant.

(5) A provider shall monitor a provisionally-hired staff person awaiting a criminal history check or child abuse clearance through random, direct observation and participant feedback. The results of monitoring shall be documented in the provisionally-hired staff person’s file.

(6) The period of provisional hire of a staff person that is and has been for 2 years or more a resident of this Commonwealth may not exceed 30 days. The period of provisional hire of a staff person who has not been a resident of this Commonwealth for 2 years or more may not exceed 90 days.

(b) When subsection (a) conflicts with Chapter 2380, 2390, 3800, 5310, 6400 or 6500, 6 Pa. Code Chapter 11 (relating to older adult daily living centers) or 28 Pa. Code Chapters 601 and 611 (relating to home health care agencies; and home care agencies and home care registries), subsection (a) is not applicable.

(c) This section does not apply to an SSW provider.