Please see the State of Wisconsin Chapter 50.065 for reference and details of legislative guidelines on Offenses Affecting Caregiver Eligibility.
Clinical sites have the right to deny student participation in clinical at their facility based on arrest or conviction record if the arrest or conviction is substantially related to the circumstances of the role of the nursing assistant student. Each site determines their interpretation and application of the Fair Employment Act.
As satisfactory completion of clinical is required to pass the Nursing Assistant program, students not meeting criteria to participate in clinical are not allowed to register for the program. (This also includes the health screening requirements.)
Students entering all health programs, including the Nursing Assistant program, must honestly and accurately complete a Background Information Disclosure (BID) form. The form is submitted to Certified Background and a comprehensive review (Department of Justice, DOJ) is completed.
Students must be thorough in response to Section A, #1 on the BID form. If the student indicates "no" and there are pending or convicted crimes on the DOJ results, admission into the Nursing Assistant Program will be denied and delayed for at least one semester. The student will also be required to resubmit a BID form. The student is held responsible for accuracy, not any person(s) assisting with the form completion. It is in the student's best interest to reveal everything; discrepancies between responses to #1 and the DOJ results effect entry into the program.
If the BID or DOJ response indicates a conviction of any of the following, where the conviction occurred five years or less from the date on which the information was obtained, the prospective student must obtain and submit to the Program Director the criminal complaint and judgment of conviction from the Clerk of Courts in the county where the person was convicted. These will be reviewed prior to course registration.
The Nursing Assistant program does not accept students into the program with the following:
Please be aware some clinical sites will deny students with criminal convictions:
Students charged with crimes after the BID is submitted and the DOJ response is completed must reveal this information to the school immediately. Failure to do so will result in immediate dismissal.
At the beginning of the nursing assistant course, the date the background check was completed by Certified Background must be less than 1 year. After one year a new BID form and background check must be completed (for an additional fee).
Clinical sites accepting students with crimes consider the role of a nursing assistant student under the supervision of a nursing instructor. The clinical site is NOT indicating they will also consider the person for hire; in fact, they may deny the person employment because of their crimes. In the nursing assistant student role, the guidance and expectations are different than the employed nursing assistant. Students allowed into a facility for their student clinical experience may be denied employment.
Because the nature of each personâ€™s crime(s) can be unique, these represent guidelines which are subject to interpretation based on the specific circumstances of the prospective student. The Program Director and/or Associate Dean of Nursing will review the initial DOJ responses.
The Nursing Assistant program will forward the DOJ responses along with the criminal complaint and judgment of conviction reports (as provided by the prospective student) to 2 clinical sites for pre-approval. If 1 to 2 sites will accept the person, their registration will move forward. The student will then be required to register for a class with the approving clinical site (which will limit registration availability). If the 2 sites deny the student, the student will not move forward on their registration.