Section 15.143. Facility responsibilities

(a) A facility may not hire an applicant nor retain an employee required to submit a criminal history report if the criminal history report reveals a felony conviction under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101—780-144).

(b) A facility may not hire an applicant nor retain any employee required to submit a criminal history report if the criminal history report reveals a conviction under one or more of the following provisions of 18 Pa.C.S. (relating to the Crimes Code):

(1) Chapter 25 (relating to criminal homicide).

(2) Section 2702 (relating to aggravated assault).

(3) Section 2901 (relating to kidnapping).

(4) Section 2902 (relating to unlawful restraint).

(5) Section 3121 (relating to rape).

(6) Section 3122.1 (relating to statutory sexual assault).

(7) Section 3123 (relating to involuntary deviate sexual intercourse).

(8) Section 3124.1 (relating to sexual assault).

(9) Section 3125 (relating to aggravated indecent assault).

(10) Section 3126 (relating to indecent assault).

(11) Section 3127 (relating to indecent exposure).

(12) Section 3301 (relating to arson and related offenses).

(13) Section 3502 (relating to burglary).

(14) Section 3701 (relating to robbery).

(15) A felony offense under Chapter 39 (relating to theft and related offenses), or two or more misdemeanors under Chapter 39.

(16) Section 4104 (relating to tampering with records or identification).

(17) Section 4114 (relating to securing execution of documents by deception).

(18) Section 4302 (relating to incest).

(19) Section 4303 (relating to concealing death of child).

(20) Section 4304 (relating to endangering welfare of children).

(21) Section 4305 (relating to dealing in infant children).

(22) Section 4952 (relating to intimidation of witnesses or victims).

(23) Section 4953 (relating to retaliation against witness, victim or party).

(24) A felony offense under section 5902(b) (relating to prostitution and related offenses).

(25) Section 5903(c) or (d) (relating to obscene and other sexual materials and performances).

(26) Section 6301 (relating to corruption of minors).

(27) Section 6312 (relating to sexual abuse of children).

(c) A facility may not hire an applicant nor retain an employee required to submit a criminal history report if the criminal history report reveals conviction of a Federal or out-of-State offense similar in nature, as determined by the Department, to those listed in subsections (a) and (b).

(d) A facility shall ensure that applicant or employee responsibility to obtain criminal history reports is explained to each applicant or employee orally and in writing in a language understood by the applicant or employee.

(e) Facilities shall maintain employment records which include copies of completed request forms for criminal history reports, State Police criminal history records and Department letters of determination regarding Federal criminal history records.

(f) An administrator shall assure that information obtained from State Police criminal history records and Department letters of determination regarding Federal criminal history records remain confidential and are used solely to determine an applicant’s eligibility for employment or an employee’s eligibility for retention.

(g) If the decision not to hire or to terminate employment is based in whole or in part on State Police criminal history records, Department letters of determination regarding Federal criminal history records, or both, facilities shall provide applicants and employees with information on how to appeal to the sources of criminal history records if they believe the records are in error.

The provisions of this § 15.143 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2412.

Notation

Cross References

This section cited in 6 Pa. Code § 15.41 (relating to reports required to be investigated); 6 Pa. Code § 15.146 (relating to provisional hiring); 6 Pa. Code § 15.147 (relating to violations); and 28 Pa. Code § 611.52 (relating to criminal background checks).