Checking Requirements

Entities required to check the EDL under Section 192.2490:

  1. Licensed as operator under Chapter 198
  2. Provide in-home services under contract with the department
  3. Temporary nurse staffing agencies
  4. Nursing assistant training agency
  5. Licensed under Chapter 197 (hospitals, ambulatory surgical centers, hospices, home health agencies).

Under Section 192.2490, these entities are prohibited from knowingly hiring a person, for any type of position, whose name appears on the EDL. These entities must, at a minimum, check the latest annual EDL and quarterly updates, available on this web site, before hiring any person for any job. An annual list is available in January of each year. Updates are added to the web site each quarter which list all individuals who have been added to or deleted from the EDL during the preceding three months. The annual EDL and quarterly updates are organized alphabetically by last name and date of birth.

Entities defined as 'providers' under Section 192.2495:

  1. Licensed as operator under Chapter 198
  2. Provide in-home services under contract with the department
  3. Temporary nurse staffing agencies
  4. Licensed under Chapter 197 (hospitals, ambulatory surgical centers, hospices, home health agencies)
  5. Public or private facility, day program, residential facility or specialized service operated, funded or licensed by the department of mental health
  6. Licensed adult day care.

This section differs significantly from 192.2490. Prior to allowing any person who has been hired to have any contact with any patient or resident, "providers" are required to make an inquiry to the department of health and senior services whether an individual is on the EDL. Section 192.2495 does not prohibit the provider from employing anyone on the EDL; it simply says the provider has to inquire. The EDL employment prohibition remains exclusively in Section 192.2490.

Taking the two sections together, all entities listed in Section 192.2490 are to check the EDL (at a minimum, the annual EDL report and quarterly updates available on this web site.) before hiring a person in any capacity. Before allowing an employee to have contact with patients or residents, providers listed under Section 192.2495, must also make an affirmative inquiry to the Department whether the person is on the EDL. Entities listed in 192.2490 cannot hire someone and wait until they are ready to have patient or resident contact before they check the EDL, but they do not have to do the affirmative inquiry before hiring. If an entity chooses to initiate an affirmative inquiry before hiring any new employee, they’ve met the requirements of both Sections 192.2490 and 192.2495 for checking the EDL.

In addition to the preemployment EDL checks, entities listed in 192.2490 must also check all their current employees against each quarterly EDL update to assure that no one employed, in any capacity has been added to the EDL since the initial EDL check. Monthly EDL checks on all employees are not required.