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Tenn. Code Ann. § 68-11-233 - Criminal background check of applicants (home care organizations)

TennesseestatuteTennessee Department of Health, Board for Licensing Health Care Facilities

What this rule requires your agency to do

  • 1A staffing company that supplies direct-care staff must report background check results to the home care organization upon request. (Tenn. Code Ann. § 68-11-233(e))(Tenn. Code Ann. § 68-11-233 - Criminal background check of applicants (home care organizations))
  • 2The organization must obtain and check the applicant's past work and personal references. (Tenn. Code Ann. § 68-11-233(b)(3))(Tenn. Code Ann. § 68-11-233 - Criminal background check of applicants (home care organizations))
  • 3The organization must pay the costs of the background investigation. (Tenn. Code Ann. § 68-11-233(d))(Tenn. Code Ann. § 68-11-233 - Criminal background check of applicants (home care organizations))
  • 4The organization must obtain the applicant's consent to release of all investigative records to verify the accuracy of criminal violation information on the employment application. (Tenn. Code Ann. § 68-11-233(b)(1))(Tenn. Code Ann. § 68-11-233 - Criminal background check of applicants (home care organizations))
  • 5The home care organization must require a criminal background check of any person who applies for employment as a paid employee and provider of direct care to a patient, prior to that person being employed. (Tenn. Code Ann. § 68-11-233(a))(Tenn. Code Ann. § 68-11-233 - Criminal background check of applicants (home care organizations))
  • 6The organization must not disclose the background check information except to persons evaluating the applicant's employment or as required or permitted by state or federal law. (Tenn. Code Ann. § 68-11-233(c))(Tenn. Code Ann. § 68-11-233 - Criminal background check of applicants (home care organizations))
  • 7The organization must require the applicant to supply fingerprint samples and submit to a criminal history records check conducted by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation. (Tenn. Code Ann. § 68-11-233(b)(2))(Tenn. Code Ann. § 68-11-233 - Criminal background check of applicants (home care organizations))

Applies to: home health, hospice, home care

Tennessee statute requiring home care organizations that provide home health or hospice services to conduct criminal background checks, including TBI/FBI fingerprint-based checks, on applicants for paid direct-care positions before employment. Applicants must consent to records release, fingerprinting, reference checks, and screening-registry inquiries; organizations bear the cost, must safeguard the information, and receive immunity for adverse hiring decisions based on the results.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.