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1800 MERCY DR

ORLANDO, FL 32808

COMPLIANCE WITH LAWS

Tag No.: A0021

Based on interview and record review, the facility failed to follow their internal policies to ensure that only qualified individuals were employed in patient care areas for 2 of 11 sampled employees (#1 & 2).

Findings:

1. On 6/08/10, review of the personnel records for employee #1, a Mental Health Technician with a date of 6/19/06, revealed a signed Affidavit of Good Moral Character dated 6/15/06. The employee signed the Affidavit on the line stating, "To the best of my knowledge and belief, my record may contain one or more of the forgoing disqualifying acts or offenses." The Florida Department of Law Enforcement (FDLE) Criminal History included an uncontested Third Degree Felony under Florida Statute 812.014, Larceny. The records also included a copy of the completion of probation control dated 12/14/99.

2. On 6/08/10, review of the personnel records for employee #2, with a date of hire 7/09/07, revealed an FDLE criminal screening dated 6/28/07 that indicated that there was no record found. On 9/07/07, the facility received an FDLE Notification of Potential Information regarding the criminal background screening. No further documentation was found to indicate that the facility followed up on this information until 6/08/10, the date of the survey, at which time a FDLE criminal background screening indicated that the employee did not have a criminal record.

Review of the facility policy #6200c for Recruitment and Hiring Practices (page 3 of 6 adopted on 4/29/91) indicated that an applicant would be required to "complete...FDLE..." and once the "screens are favorable, the Human Resources department....notifies the program manager/supervisor...that the applicant can receive an offer of employment."

In an interview with the Human Resources Director on 6/08/10 at 3:30 p.m., these findings were confirmed.