I. PURPOSE. The School of Medicine and Public Health recognizes its responsibility to comply with the provisions of the Caregiver Background Check Law (section 50.065 ...
The School of Medicine and Public Health recognizes its responsibility to comply with the provisions of the Caregiver Background Check Law (section 50.065 of the Wisconsin Statutes) based on its affiliation with UW Hospital. At the same time, the School of Medicine and Public Health also recognizes its responsibility to comply with the provisions of Wisconsin’s Fair Employment Act, which prohibits discrimination against job applicants and current employees because of arrest or conviction records, unless the person has been convicted of or is subject to a pending criminal charge for an offense which substantially relates to the circumstances of the particular job.
UW Hospital and Clinics is responsible for conducting the criminal background checks for clinicians whom they credential.
School of Medicine and Public Health Departments, Centers and other administrative units will review each job description when recruiting for a position, to determine if the position meets the requirements of the Caregiver Background Check Law.
Current or prospective employees who are employed by or under contract with the School of Medicine and Public Health and who have regular, direct contact with UWHC patients are "caregivers" under the law. This includes employees who provide direct care and may also include administrative, research and instructional staff, if those persons have regular, direct contact with patients served by UWHC.
"Regular" means, in terms of direct contact with patients, contact that is scheduled, planned, expected, or otherwise periodic. Exempted from the law are people who provide infrequent or occasional or sporadic services not directly related to the care of the patients. Regular can be thought of in terms opposite of sporadic or occasional. For example, if someone does have or is expected to have contact with patients once per month, this appears to be adequate to constitute "regular." However, if someone working in a lab normally wouldn't have contact with patients, but for some reason filled in once or twice for someone who does have that responsibility, it is Legal Service’s position that this person would not have to undergo a background check.
“Direct” contact involves face to face physical proximity with a patient, being in the same room with a patient whether you are alone with the patient or whether others are present in the room with you and the patient.
All recruitment advertisements or job announcements for covered positions shall include one of these statements: A criminal background check will be conducted. OR As required by the Wisconsin Caregiver Background Check Law, a criminal background check will be conducted.
Newly hired employees covered under the law must be provided with:
Request for Background Check Form (New Employees) Letter APPENDIX A
Background Information Disclosure Instructions and Form APPENDIX B
Employees will return the form(s) directly to School of Medicine and Public Health Human Resources. Upon receipt of the completed form, School of Medicine and Public Health Human Resources will submit the information to the State Department of Justice. DOJ will conduct the checks and return the reports to the School of Medicine and Public Health Human Resources Office.
If an employee has no conviction record, no action will be taken.
If there is a conviction record, it will be confidentially and carefully reviewed to determine whether action should be taken.
A complete list of the specific crimes/offenses that are covered under the law is available from School of Medicine and Public Health Human Resources (262-7796) or under Offenses Affecting Caregiver Eligibility at the State website: http://www.dhfs.state.wi.us/caregiver/.
The law provides for rehabilitation for certain offenses. A copy of the Rehabilitation Review Application is available from School of Medicine and Public Health Human Resources (262-7796) or from the State Caregiver Background and Criminal History Checks website: http://www.dhfs.state.wi.us/caregiver/.
All employees are subject to a supplemental criminal history check at least every four years.
Kay Schoenherr, Human Resources Director 4151 Health Sciences Learning Center [email protected]