completion of the criminal record check, the signed affidavit, if applicable,
and/or a copy of the referenced notarized letter addressing the individual’s
suitability for such employment.
5. Pursuant to Section 43-11-13, Mississippi Code of 1972, the licensing
agency shall require every employee of a covered entity employed prior to
July 01, 2003, to sign an affidavit stating that he or she does not have a
criminal history as outlined in paragraph (c) above.
6. From and after December 31, 2003, no employee of a covered entity hired
before July 01, 2003, shall be permitted to provide direct patient care unless
the employee has signed an affidavit as required by this section. The covered
entity shall place the affidavit in the employee’s personnel file as proof of
compliance with this section.
7. If a person signs the affidavit required by this section, and it is later
determined that the person actually had been convicted of or pleaded guilty
or nolo contendere to any of the offenses listed herein, and the conviction or
pleas has not been reversed on appeal or a pardon has not been granted for
the conviction or plea, the person is guilty of perjury as set out in Section
43-11-13, Mississippi Code of 1972. The covered entity shall immediately
institute termination proceedings against the employee pursuant to the
facility’s policies and procedures.
8. The covered entity may, in its discretion, allow any employee unable to sign
the affidavit required by paragraph (g) of this subsection or any employee
applicant aggrieved by the employment decision under this subsection to
appear before the covered entity’s hiring officer, or his or her designee, to
show mitigating circumstances that may exist and allow the employee or
employee applicant to be employed at the covered entity. The covered entity,
upon report and recommendation of the hiring officer, may grant waivers for
those mitigating circumstances, which shall include, but not be limited to:
(1) age at which the crime was committed; (2) circumstances surrounding
the crime; (3) length of time since the conviction and criminal history since
the conviction; (4) work history; (5) current employment and character
references; and (6) other evidence demonstrating the ability of the individual
does not pose a threat to the health or safety of the patients in the licensed
facility.
9. The licensing agency may charge the covered entity submitting the
fingerprints a fee not to exceed Fifty Dollars ($50.00).
10. Should results of an employee applicant’s criminal history record check
reveal no disqualifying event, then the covered entity shall, within two (2)
weeks two (2) weeks of the notification of no disqualifying event, provide
the employee applicant with a notarized letter signed by the chief executive
officer of the covered entity, or his or her authorized designee, confirming
the employee applicant’s suitability for employment based on his or her
criminal history record check. An employee applicant may use that letter for
