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Lawmakers in Idaho approved a law that standardizes statutory requirements for background checks and makes them required for more types of license applications.

About The Bill

Idaho’s House Bill 490 (HB490) explains that the purpose it serves is to help regulate and control the state's nursing industry, promote quality healthcare services and prohibit unqualified individuals from obtaining licenses. The bill would require any person who applies for a related license to first undergo a fingerprint-based criminal background check.

HB490 lists a wide variety of healthcare positions that would therefore require background screenings. It also explains that the Administrator Of The Division Of Occupational And Professional Licenses is authorized to review completed reports and evaluate applicants. The administrator may then determine whether an applicant has a criminal history that could disqualify them from being eligible to receive a license. Those decisions are, however, subject to judicial review.

Why The Bill Was Considered

People who work in the nursing profession are said to work in safety sensitive positions. They deal closely with patients and vulnerable populations. As such, they are often subject to a variety of laws that regulate the healthcare industry.

A background check can show a prospective employer if a candidate has a criminal record that might indicate they pose an undue risk to the organization, other employees and the people they serve. These reports help hiring managers make informed decisions and maintain safe workplaces. In the healthcare industry, they are crucial and commonly used to help protect the people who would receive care from nurses and other professionals.

Objections

While the bill passed, there were some objections. There were complaints that the bill imposes “fingerprint-based background checks on applicants for specific occupational licenses” but more so that it would empower the Administrator Of The Division Of Occupational And Professional Licenses to review a candidate’s criminal history and evaluate their eligibility for licensure. Some believe this gives the position power it should not hold.

Despite these concerns, HB490 passes with a vote of 4/-17-5. It goes into effect on July 01, 2024.

What Healthcare Providers Should Know

Healthcare Providers in Idaho should be aware that this bill will establish new criteria for people who are seeking various licenses. This does not deter any employer from running background checks on candidates who are licensed. Screening all applicants and establishing recurring screenings for current employees demonstrates your organization is conducting due diligence and taking steps to ensure a safe environment for everyone.

Certain industries also have specific requirements for background screenings. We recommend consulting with legal counsel to ensure you are compliant with laws that apply to your organization.

Need Background Checks?

Whatever industry you serve, if you are in need of employment background checks, please contact us. Our experienced team can help you customize screening packages that suit your specific needs, comply with applicable laws and meet industry standards.

The team at Backgrounds Online is based in California. We are available to assist you Monday through Friday from 5am to 6pm PT.