MI SB1255

Psychiatric facilities and intermediate care facilities for people with mental retardation must conduct criminal history checks on employees, independent contractors, and individuals granted clinical privileges who have direct access to or provide direct services to patients or residents.

Individuals are disqualified from employment or clinical privileges if convicted of relevant federal crimes under 42 USC 1320a-7(a), felonies involving violence, sexual conduct, abuse, neglect, or weapons (with 15-year lookback), other felonies (10-year lookback), or specific misdemeanors with 3-10 year lookbacks depending on offense type.

Facilities must obtain written consent from applicants, request criminal history checks from the Department of State Police and fingerprint records, and notify applicants of disqualifying information with appeal rights under MCL 333.20173b.

Facilities may conditionally employ individuals before receiving background check results if applicants sign statements confirming no disqualifying convictions and agree to termination if the check reveals otherwise; conditional employees must be supervised until clearance is obtained.

Facilities and staffing agencies must maintain compliance with criminal history checks, employees must report any new criminal arraignments or substantiated findings of abuse or neglect, and the Department of State Police must establish an automated fingerprint identification system with automatic notification for subsequent arrests.