Jeannine LeCompte, Compliance Research Specialist
Employee licensing and certification checks in the long-term care facility environment form a vital aspect of adhering to the legally-mandated requirements of a compliance and ethics program.
All practicing professionals are regulated by state licensing boards and must meet the employment standards identified in their position’s job description. They are also responsible for maintaining their current licensure or certification.
Employers should require the employee to present an original license or certificate so that a file copy can be made. The employee must present the original―do not accept a copy. In addition, the employer should routinely check the certificate against the state database, print the results, and save everything in the employee’s record.
Employers can legally terminate an employee’s service if that employee:
- Does not provide proof of renewed credentials within 10 days before expiration of those credentials.
- Does not immediately inform the employer if they lose their licensure or certification or are placed on probation for any reason.
- Does not immediately inform the employer if they fail any relevant exam or licensure test. Employees must also notify employers of the results of all licensure tests.
- Fails a national and/or state credentialing examination two consecutive times (regardless of whether both failures occur during their employment).
If the employee is otherwise in good standing, in lieu of termination, upon mutual agreement, the employee can be reclassified into an alternate available position that does not require the license or certification, with an adjustment in pay.
In addition to these certification checks, federal and some state laws require healthcare providers to perform in-depth background screening which can prevent the hiring of individuals who have been found guilty of certain specified offenses. These offenses are generally related to the charges of abusing, neglecting, or mistreating residents by a court of law; or any potential employee who has a finding entered into the state nurse aid registry concerning abuse, neglect, or mistreatment of a resident or misappropriation of a resident’s property.
