(a) The corporation may request a criminal history record check of persons who are employed or seeking employment, or are current or prospective contractors, providers, or volunteers in any of the corporation‘s health facilities, in accordance with section 846-2.7.
Terms Used In Hawaii Revised Statutes 323F-5.5
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: means the body corporate and politic known as the Hawaii health systems corporation. See Hawaii Revised Statutes 323F-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation board: means the board of directors of the corporation. See Hawaii Revised Statutes 323F-1
- Provider: means any supplier of medical or health care goods and services of the type provided at a Hawaii health systems facility. See Hawaii Revised Statutes 323F-1
- Regional system board: means a community-based governing board of directors of a regional system of the corporation. See Hawaii Revised Statutes 323F-1
Information obtained pursuant to subsection (a) and this subsection shall be used by the corporation exclusively for the purposes of this section.
(d) Any inquiry into or consideration of the criminal history record of an employee or prospective employee of the corporation shall be limited to that which is required under federal law.
(e) A current or prospective contractor, provider, or volunteer or a current or prospective member of the corporation board or regional system board who has been convicted of a criminal offense for which incarceration is a sentencing option, may be terminated, released, or not used. This action shall be based on the corporation’s analysis of whether the nature and circumstances of the crime may pose a risk to the health, safety, or well-being of patients, residents, and organizations in its health facilities.
(f) For the purposes of this section:
“Contractor” means any individual who enters into a contract or agreement to provide services to the patients or residents in any of the corporation’s health facilities.
“Criminal history record check” means an examination of an individual’s criminal history records by means including fingerprint analysis and name inquiry into state and national criminal history record files.
“Provider” means any individual who currently provides or intends to enter into a contract or agreement to provide services to the patients or residents in any of the corporation’s health facilities, or is a student in any program at any of the corporation’s health facilities.
