Pre-Employment Verification Procedure
To comply with the federal requirement to verify that a CNA is listed on the Nurse Aide Registry in good standing outlined is CFR :: 42 CFR Part 483.5 please do the following:
- Verify good standing by searching Check-A-License website using prospective employee’s first and last name OR license number.
- A negative search means the prospective employee is not a licensed health care professional of any standing in Massachusetts (*Check-A-License does not include home health aides unless findings of abuse, neglect or misappropriation have been substantiated by DPH).
- A positive search showing a CNA with status of “Current” means the employer can proceed with hiring.
- A positive search of CNA with status of “Finding”, “Case Pending”, “Expired” “Inactive” means the employer cannot proceed with hiring. For additional information regarding a status of “Finding” or “Case Pending”, the employer must contact the Nurse Aide Registry and/or submit a Public Records Request.
- If the search yields more than one licensee of the same name or if identify is otherwise in question, the employer can verify the prospective employee’s social security number by calling the Nurse Aide Registry at 617-753-8144.
- Facilities will retain the timestamped pdfs from their Check-a-License pre-employment searches as documentation of compliance. The pdf verifications should be kept in the employee’s personnel file with the aide’s CORI check.
Prohibition on hiring or employing individuals
- Except as provided in 105 CMR 155.014(A)(2), no facility, home health agency, homemaker agency or hospice program shall hire or employ an individual whose name appears in the Registry with a finding or adjudicated finding of patient or resident abuse, neglect, mistreatment or misappropriation of patient or resident property, or, if a sanction was imposed upon that individual, such individual may not be hired or employed until the terms of such sanction have been fulfilled.
- No facility, home health agency, homemaker agency or hospice program shall hire or employ an individual if such individual has been found guilty of, or pleaded guilty or nolo contendere to, or admitted to sufficient facts to support a guilty finding of patient or resident abuse, neglect, mistreatment or misappropriation of patient or resident property in a court of law.
A CNA who is on probation may work for one of the employers listed above in accordance with the terms of their probation.
If an employer hires or continues to employ a CNA with a pending case against them, the facility must abide by the outcome of the pending case. Employers must follow facility policy concerning screening, training, and prevention of abuse.
Employing Nurse Aides with special circumstances
- You can employ a Nurse Aide who has not yet completed training for no more than 90 days. The Nurse Aide must not be used on a temporary, per diem, leased, or any basis other than a permanent employee. You can employ a Nurse Aide who has not yet taken and passed the CNA test for no more than 4 months.
- You may employ the Nurse Aide, who qualifies and has applied for a waiver, for no more than 4 months. Please note that you would be hiring under risk, as we cannot guarantee the approval of waiver within the 4 month period.
- You should verify the CNA with both the Massachusetts Registry and the state registry through which the CNA is currently certified. You may also want to confirm when the reciprocity application was submitted, as the applications typically take 15 days to process. The regulations allow the aide to work for a facility for no more than 4 months if the aide qualifies to apply for reciprocity; however, please note that you would be hiring under risk, as we cannot guarantee the approval of reciprocity within the 4 month period.
- Facilities should follow their policies regarding employee screening and training when hiring CNAs who have passed the exam in a language other than English.