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Ftag of the Week – F606 Not Employ/Engage Staff with Adverse Actions

This week’s “Ftag of the Week” is part of the Freedom from Abuse, Neglect and Exploitation regulatory group, F606 Not Employ/Engage Staff with Adverse Actions. The regulation clearly outlines the facility’s responsibilities towards screening of a potential employee prior to employment. Staff is defined to include all employees, contractors, consultants, volunteers, the medical director as well as students providing care and services on behalf of the facility. This regulation holds the facility responsible to:

  • Not hire employees who have been found guilty of abuse, neglect, exploitation, misappropriation of property or mistreatment by a court of law
  • Not hire employees who have a finding in a State nurse aide registry related to abuse, neglect, exploitation, misappropriation or mistreatment
  • Not hire employees who have a disciplinary action in effect against their license as a result of abuse, neglect, exploitation, misappropriation or mistreatment

The Interpretive Guidance at F606 explains the effort that is expected of facilities when they are looking at the histories of potential new hires. It states that facilities should check information from current/previous employers and make “reasonable efforts” to uncover information related to past criminal prosecutions. This is in addition to State requirements such as criminal background checks. These pre-employment screening requirements are part of F607 Develop/Implement policies and procedures to prevent Abuse / Neglect / Mistreatment, etc.; so, if a facility hired an employee with adverse actions against him/her, it could be cited under F606, but also potentially under F607 for not having comprehensive P&Ps in place for staff screening.

The regulation also states the facility’s responsibility to make a report to the State nurse aide registry or licensing authorities when it becomes aware of any court actions against an employee that would make him / her unfit for service in a nursing facility.

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