Health Facilities - Background Check Frequently Asked Question's

• An agency to provide personal care services in the home
• An agency to provide nursing in the home
• A facility for intermediate care
• A facility for skilled nursing
• Residential facility for groups
• Homes for individual residential care
• Long term acute care hospitals
• A program of hospice care
• Nursing pools
• A facility for the care of adults during the day
• A facility for hospice care
• A distinct part skilled nursing of a hospital
• A hospital that provides swing-bed services
• Medical facilities such as hospitals that provide residential services to children
• A facility for the treatment of abuse of alcohol or drugs that provide residential services to children

 The first step is for the owner(s) to be background checked in accordance with NRS 449.122 in order to obtain a license.  A license must be obtained before you can start background checking employees. Please refer to your licensure application for a step by step guide on how to get background checked. 

Only NRS 449.122 can be used for the purposes of obtaining a license - use of any other NRS or   of a personal criminal history check will not be accepted by the Bureau.  

3. I am one of the facility/agency types listed in Question #1. I am a new applicant, just received my license and want to begin background checking my employees, what is the next step (NRS 449.123)?

You must receive your license from the Division of Public and Behavioral Health before you can open an account with the Department of Public Safety (DPS) to begin background checking your employees. DPS will require you to submit a copy of your license when establishing an account with them.  

After obtaining a license from DPBH as one of the agencies/facilities listed in Question #1, you must establish an account with DPS to submit fingerprints in accordance with NRS Chapter 449 by going to: 2013 Civil App Checklist and Application

Once the fingerprint account with DPS has been established, instructions for submitting background checks will be mailed to your agency.

ALL  facilities/agencies listed in Question #1 must utilize Nevada's Automated Background Check System (NABS) to conduct background checks of all new employees and existing employees due for their 5 year background check.   

  Within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor the following must be completed:

1. Have the applicant/employee sign and date the Civil Applicant Waiver, Consents & Criminal History Self Disclosure Form found in NABS (go to the home page and click on the link titled, Application Forms).   

2. Enter the new hire applicant/employee in NABS by going to Applications, Add New.  Input the information on the screens and follow the Next/Submit prompts until you reach the Application Submitted Confirmation page.  

3.  Print the Fingerprint Form and give it to the applicant to take with them for fingerprinting .Send the applicant to be fingerprinted.   

  Note : NRS 449.123 is to be used to background check a facility's employees, employees of a temporary employment service agency working in your facility and independent contractors. Only NRS 449.123 can be used for this purpose- use of any other NRS or use of a personal criminal history check will not be accepted during a Bureau's review of personnel background check records during an inspection.    

We strongly encourage you to submit fingerprints electronically because: 

• There is a lower probability that the fingerprints will be rejected for poor quality.
• You are likely to receive a faster response on the background check.

You can find a list of fingerprinting agencies that submit electronically to DPS by going to the DPS website at:  Fingerprint sites

In accordance with NRS 449.123 the following individuals must bechecked regardless of whether the individual provides direct patient care ornot:   

• Each employee
• includes the administrator

• Each employee of a temporary employment service agency working in your facility
• Each independent contractor

  Exceptions:   Volunteers and individuals not hired by the agency or facility but rather are hired directly by a resident at your licensed entity do not need to be background checked.  If your agency wishes to background checks volunteers they may contact DPS for more information on how to do so.

Enter the applicant into NABS (see Question #4 for instructions on how to do this).  

If the applicant is found to be Eligible (it means he/she has been fingerprinted within the preceding 6 months and did not have any disqualifying crimes listed in NRS 449.174) click on the "Add New Application" button on the right upper hand corner.  Once the page opens you can either: 

• Recheck the registries and if there are no disqualifying registry findings hire the individual without fingerprinting him/her again; OR  
• You can add a new application and have the applicant fingerprinted.  

Pick the option you would like to take.  Either option is acceptable.   You may want to check with your facility's/agency's policy to determine what the correct choice would be for your facility/agency. 

At least once every 5 years after the date of the initialinvestigation. 

1) Proof of fingerprinting   

• If manual prints, a copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History must be maintained
• If electronic prints, proof of electronic fingerprint submission must be maintained

2) Signed and dated Civil Applicant Waiver, Consents & Criminal History Self Disclosure Form (can be obtained by signing into NABS & clicking Application Forms link on the home page).   

3)  Clearance Letter (issued in NABS for all Eligible & Undetermined employees)  

4) A current list of employees, employees of a temporary employment service and independent contractors must be maintained in Nevada's Automated Background System (NABS).  This is accomplished by:

• Closing or permanently hiring all applicants with Eligible or Undetermined results, as applicable.
• Completing the employee verification process for all employees when prompted to do so by NABS.
• Terminating/closing Not Eligible employees once the opportunity to challenge has passed and the applicant remains Not Eligible. 

Undetermined Background Check Results (final determination of cleared or not cleared for employment could not be made due to missing information) 

All facilities/agencies listed in Question #1 must be in compliance with the adopted regulations of the State Board of Health, LCB File No. R111-12 which became effective March 28, 2014 dealing with undetermined results.

If an undetermined result is received, within 10 working days after receiving the undetermined result, your facility must notify the employee or contractor that he or she is required to provide the Central Repository (Department of Public Safety) with the required information in order to make a final determination of whether an employee or contractor is cleared or not cleared for employment. Within 30 days of being notified of the undetermined result, the employee or contractor must submit the required information to the Central Repository or provide proof from the court of jurisdiction that the information could not be obtained.

The employee or contractor must, within 30 days of being notified of the undetermined result complete the following steps:

1. Submit to the Department of Public Safety a challenge form (found in NABS). After receipt of the challenge form, the Department of Public Safety will contact the employee or contractor to help them identify the information that is required to make a final determination of whether the employee is cleared or not cleared to work; AND  
2. The employee or contractor must obtain the information identified in Step 1 above and submit it to the facility and Department of Public Safety; OR  
3. Provide a certified letter from the court of jurisdiction stating that the information could not be obtained. A copy of the letter should be kept in his or her personnel file.

An employee must comply with the regulations.   If an employee refuses (willfully fails) to comply with the regulations he or she shall be terminated from employment.

• A person that is found to be Not Eligible and does not challenge the results because the information is correct must be terminated immediately. 
• If a person is found to be Undetermined or Not Eligible but has challenged the findings and is within his/her opportunity to correct, the individual may be allowed to work but the facility/agency shall take actions to ensure the safety of its patients, residents or clients, including:
• Prohibiting the employee, employee of a temporary employment service or independent contractor from working at the facility/agency by placing the individual on leave;  
• Requiring the employee, employee of a temporary employment service or independent contractor to be under the direct supervision and observation of an employee of the facility/agency while caring for any patient;
• Conducting an investigation into the circumstances of the record of criminal history to determine and carry out any measures that the facility/agency identifies as necessary to ensure the safety of its patients; or
• Taking any combination of the above actions.

  IMPORTANT : 

• All undetermined responses must be challenged by the applicant (follow instructions in Question #10)
• Not Eligible responses should only be challenged if the applicant believes the information is incorrect.

Before terminating the employment or contract of a person, if the applicant is found to be Not Eligible (means DPS has determined that the applicant has been convicted of one or more of the disqualifying crimes listed in NRS 449.174) AND the applicant believes the information is incorrect then the applicant may immediately inform the facility/agency and challenge the findings by submitting a challenge form to DPS.  Log into NABS, print the challenge form and submit it to DPS as instructed on the form.  You will know the challenge has been received by DPS when you receive a notification from NABS indicating that a criminal history appeal has been started. 

If the challenge is overturned and results in an Eligible determination, you may hire the individual upon receipt of the Eligible determination.

If the challenge is not  overturned and the applicant remains Not Eligible, once the appeals process ending notice is received from NABS, indicating the time to correct has lapsed (45 days), the applicant must be terminated/not hired.

  NOTE:   An applicant that knows the information is correct, should not challenge the findings and the applicant should be immediately terminated/not hired.  

No. You must submit your licensure application to the Bureau first. DPS will not accept your DPS civil applicant application without a copy of your license.   

Applicant for Licensure with the Bureau of Health Care Quality and Compliance  

The applicant is responsible for paying the background check costs, including the costs to be fingerprinted, state and federal background checks.

  Agencies, facilities or homes that must have their employees background checked  

An agency/facility is responsible for paying the background check costs imposed by the Department of Public Safety's Central Repository.  An agency/facility that is required to have its employee's background checked may recover from the employee or independent contractor not more than one-half of the fee imposed by the Central Repository. If the agency/facility requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

Yes, if your facility is required to obtain background checks by another State Agency, such as Medicaid or Mental Health, it is important that you first contact that State Agency for information on how to meet its requirements for background checks. Follow the background check requirements of the State Agency. 

If your facility is NOT  required to obtain background checks by another State Agency, you can have a policy that your employees get background checked but they cannot be checked under NRS 449.123. In this case, it would also be up to your facility to determine what crimes would disqualify a person from employment.

No. Only the licensed facility, agency or home types listed in Question #1 may use this NRS to background check their employees. Please contact the state agency that is requiring your employees to be background checked for the appropriate NRS to conduct background checks. If your facility is NOT  required to obtain background checks by another State Agency, you can have a policy that your employees get background checked but they cannot be checked under NRS 449.123. 

It would also be up to your facility to determine what crimes would disqualify a person from employment.

Screen all employees, independent contractors and temporary service agency employees working in your facility through Nevada's Automated Background Check (NABS) system. 

Before terminating the employment or contract of a person, if the applicant is found to be Not Eligible (means DPS has determined that the applicant has been convicted of one or more of the disqualifying crimes listed in NRS 449.174) AND the applicant believes the information is incorrect  then the applicant may immediately inform the facility/agency and challenge the findings by submitting a challenge form to DPS.  Log into NABS, print the challenge form and submit it to DPS as instructed on the form.  You will know the challenge has been received by DPS when you receive a notification from NABS indicating that a criminal history appeal has been started.       

If the challenge is overturned and results in an Eligible determination, you may hire the individual upon receipt of the Eligible determination.  The Eligible determination will be found in NABS.

If the challenge is not  overturned and the applicant remains Not Eligible, once the appeals process ending notice is received from NABS, indicating the time to correct has lapsed (45 days), the applicant must be terminated/not hired.

  NOTE:   An applicant that knows the information is correct, should not challenge the findings  and the applicant should be immediately terminated/not hired. 

A facility/agency may not employ any individual who has ever been convicted of any of the following:

• Murder, voluntary manslaughter or mayhem.
• Assault or battery with intent to kill or to commit sexual assault or mayhem.
• Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime.
• Abuse or neglect of a child or contributory delinquency.
• Abuse, neglect exploitation or isolation of any older persons or vulnerable persons, including, a violation of any provision of
• NRS 200.50955 or 200.5099, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct.
• A violation of any provision of
• NRS 422.450 to 422.590, inclusive, relating to Nevada's State Plan for Medicaid.

A facility/agency may not employ any individual who has been convicted within the past seven years of any of the following:

• Any violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in
• Chapter 454 of NRS, within the immediately preceding 7 years.
• Misdemeanor Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years.
• A crime involving domestic violence that is punished as a felony.
• A crime involving domestic violence hat is punished as a misdemeanor, within the immediately preceding 7 years.
• A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct.
• A criminal offense under the laws governing Medicaid or Medicare.
• Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property.
• Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon.
• An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years.

Note:   Notification of status with instructions on how to proceed will be via email to your facility/agency from Nevada's Automated Background Check System (NABS)