Background Check In Nursing Education Criminal Background Checks in Nursing Education
In addition to mental health issues that can compromise patient safety, a student’s history of criminal activity may also pose significant risks. Patient safety remains a top concern for state boards of nursing and healthcare accreditation agencies. The Joint Commission (2008) states, “Staff, students, and volunteers who work in the same capacity as staff who provide care, treatment, and services would be expected to have criminal background checks verified when required by law, regulation, and organization policy.”
Because of these concerns, many nursing programs now require students to undergo criminal background checks. Several states, including Louisiana, Ohio, Maryland, and Texas, mandate criminal background checks as part of the licensure process. A quick search on any state board of nursing website can provide nursing students with information on background check requirements before applying for licensure.
The number of nursing programs requiring criminal background checks has increased, although up-to-date data is limited. Whether or not a school requires background checks before admission, faculty must inform students that successfully completing the nursing program does not guarantee licensure if the student has a criminal background. Additionally, clinical agencies may require background checks before allowing student placements and can refuse clinical placements based on these results.
Faculty play a crucial role in educating students about these risks, ensuring they understand that a criminal record, regardless of when or why it occurred, could affect their nursing career prospects.
Example of Criminal History Background Check Policy and Faculty Role
A criminal history background check policy from Indiana State University’s Nursing Program provides an example of how such policies are structured:
“At the time of your application, you were required to submit a current national-level criminal background check, which was part of the criteria used to determine your eligibility. Criminal background information will be maintained in your student nursing file, is considered confidential, and no results will be released. The student is responsible for notifying the Department Chairperson of any new charges or additions to one’s criminal history promptly. Failure to report new charges may result in dismissal from the program.”
Denying admission to nursing programs based on a criminal background requires thoughtful deliberation. Faculty must ensure that decisions are aligned with state law and clinical agency policy. Guidelines for such decisions should be transparent and available to all stakeholders, including students and faculty. When making admission decisions, factors such as the nature of the conviction, the time that has passed since the offense, and whether the student is afforded due process must be considered.
Some experts, like Philipsen et al. (2012), question the value of criminal background checks for students, given that students are generally under close faculty supervision during clinical experiences. However, faculty are still required to follow clinical agency policies, which often mandate criminal background checks. Results must be evaluated on a case-by-case basis to ensure fairness while prioritizing patient safety.
Evidence supports the argument that criminal background checks prior to admission can help identify students who may commit crimes while enrolled. Smith et al. (2013) studied criminal history in over 3,000 applicants for registered nurse licensure in Louisiana. They found that 14.7% of applicants had a criminal record before enrolling in clinical courses, and 10% of those with prior criminal records had subsequent criminal activity, compared to only 2.3% of those without a criminal history.
As healthcare agency policies and state laws evolve, nursing faculty must stay informed about changes in the legal landscape. The National Council of State Boards of Nursing (NCSBN) has published several resources, including a position paper and a model statutory language packet, which assist state boards in crafting laws related to criminal background checks. These documents help guide institutions in ensuring their policies reflect the most up-to-date practices.
Faculty Role and Legal Considerations
The role of faculty extends beyond just following policy. Faculty must be proactive in creating a learning environment that fosters trust, allowing students to feel comfortable disclosing any legal or personal challenges, including criminal backgrounds. Educators must inform students that completing the nursing program does not automatically lead to licensure if a criminal background exists. By addressing these issues early on, students are better prepared for potential challenges during the licensure process.
In some cases, a criminal background might not entirely prevent a student from entering the profession, but it may limit their options in certain clinical placements or specialized fields. Faculty should work with students to explore alternative paths in nursing that may be open to them despite a criminal record.
Institutions must also balance fairness with legal and ethical considerations when working with students who have criminal backgrounds. Faculty need to ensure that any decision-making processes follow established guidelines and afford students their right to due process.
Moreover, nursing faculty should be well-versed in legal issues related to students with disabilities, chemical dependencies, and mental health problems. They must understand their institution’s policies on these matters and remain sensitive to the unique needs of students while maintaining the standards of the nursing profession. Ridley (2011) emphasizes that creating a caring environment allows students to disclose disabilities and seek help without fear of stigma or negative consequences.
Educating faculty and students to view those with criminal records, disabilities, or impairments as individuals with unique challenges—not as inherently incapable—promotes a more inclusive educational environment. Nursing faculty must remain adaptable, embracing flexibility in how they approach teaching and mentoring students with diverse backgrounds, including those with criminal histories.
The Ongoing Evolution of Criminal Background Checks
The need for criminal background checks will continue to evolve in the nursing profession. As healthcare facilities increasingly require background checks for students and staff, faculty must work closely with clinical partners to ensure compliance while supporting students’ educational progress. Establishing strong relationships with clinical agencies will help facilitate smooth placements for students, even those with criminal records, by ensuring all parties are aware of expectations and regulations.
Furthermore, nursing programs may benefit from conducting large-scale studies on students with criminal records, examining their academic success and integration into the nursing workforce. Such research could provide valuable insights into the types of criminal offenses that should and should not preclude individuals from entering nursing, as well as highlight effective strategies for integrating students with criminal backgrounds into the profession.
Conclusion
Criminal background checks in nursing education play a critical role in ensuring patient safety and upholding the integrity of the profession. Faculty must stay informed about evolving policies and remain transparent with students regarding the potential implications of criminal histories. Through thoughtful decision-making, adherence to legal and ethical standards, and fostering supportive environments, nursing educators can help students navigate the challenges posed by criminal background checks while preparing them for successful careers in nursing.