West Virginia Code 16-49-6 – Provisional employment pending completion of background check
(a) The department, covered provider, or covered contractor may permit an applicant to work on a provisional basis for not more than 60 days pending notification from the secretary regarding the results of the criminal background check if:
Terms Used In West Virginia Code 16-49-6
- Applicant: means an individual who is being considered for employment or engagement with the department, a covered provider or covered contractor. See West Virginia Code 16-49-1
- Background check: means a prescreening of registries specified by the secretary by rule and a fingerprint-based search of state and federal criminal history record information. See West Virginia Code 16-49-1
- Covered contractor: means an individual or entity, including their employees and subcontractors, that contracts with a covered provider to perform services that include any direct access services. See West Virginia Code 16-49-1
- Covered provider: means the following facilities or providers:
(i) A skilled nursing facility. See West Virginia Code 16-49-1
- Department: means the Department of Health and Human Resources. See West Virginia Code 16-49-1
- Disqualifying offense: means :
(A) A conviction of any crime described in 42 U. See West Virginia Code 16-49-1
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Secretary: means the Secretary of the West Virginia Department of Health and Human Resources, or his or her designee. See West Virginia Code 16-49-1
(1) The applicant is subject to direct on-site supervision, as specified in rule by the secretary, during the course of the provisional period; and
(2) In a signed statement the applicant:
(A) Affirms that he or she has not committed a disqualifying offense;
(B) Acknowledges that a disqualifying offense reported in the required criminal history record information check shall constitute good cause for termination; and
(C) Acknowledges that the department, covered provider, or covered contractor may terminate the individual if a disqualifying offense is reported in the background check.
(b) Provisional employees who have requested a variance shall not be required to sign such a statement. The department, covered provider, or covered contractor may continue to employ an applicant if an applicant applies for a variance of his or her fitness determination until the variance is resolved.