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Reviewing Criminal Background

Criminal Background Check Application Review

To provide guidance when reviewing the applicant's criminal history for licensure with the New Hampshire Board of Nursing.

1. Board staff will obtain the application, criminal background check and related materials for review. (a) should the applicant have a criminal record and has not indicated this record by correctly answering "Yes" on the application, board staff will send a return letter asking for the applicant to correct the question and provide a letter of explanation.

2. Board staff will place these materials in a folder for Executive Director (or designee) review for the following reasons:

a. New criminal activity that has occurred since the last reinstatement, renewal or initial licensure application approval;

b. Criminal activity that requires review per instructions during last licensure process. See L2000 remarks;

c. Initial N.H. licensure application.

3. The Executive Director (ED) or designee will use the following criteria for rejection of an application for licensure: (a) Misdemeanor conviction of any staff or provider involving physical or sexual assault, violence or exploitation, child pornography or threatening or reckless conduct, theft or any other conduct that represents evidence of behavior that could endanger the well-being of an individual; (b) Felony conviction of the applicant which represents evidence that there is potential for endangerment of public safety;
Note: At its October 20, 2005 meeting the Board of Nursing voted to adopt the NCSBN "Permanent Bar to Certain Felonies." Felony crimes that will not be considered for initial licensure effective October 20, 2005 are as follows:

1. Murder
2. Felonious Assault
3. Kidnapping
4. Aggravated Robbery
5. Sexual crimes involving children
6. Criminal mistreatment of children or vulnerable adults

or

(c) Any condition or behavior of the applicant that would endanger the well-being of an individual as evidenced by the documentation obtained and/or the observations made during interview with the applicant.

4. The ED reserves the right to bring applicant questions to Board of Nursing for final decision.

5. The ED or designee will initial the application and send to the licensing clerk.

6. The licensing clerk will then process the application and document the criminal history and other pertinent facts to the L2000 database "remarks" tab in the licensing screen.

Reference:
He-M 521.10
NCSBN

Established: 5/12/04
Revised: 7/28/05
Revised: 10/20/05
Revised: 8/18/11

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New Hampshire Board of Nursing
121 South Fruit Street   |  Concord, NH 03301
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