Criminal History Record Information/Criminal Background Checks

More and more jurisdictions are adding a review of an individual’s Federal Bureau of Investigation (FBI) criminal history record information (CHRI) prior to issuing an initial license as a PT or PTA as one means to ensure that physical therapists (PT) and physical therapist assistants (PTA) are safe, competent practitioners. The board should have processes to consider the CHRI that are consistent, fair, and reproducible. These processes however do not guarantee the same final determination for applicants with similar offenses. Due to variability in situations, board members should discuss each case and make a clear, articulate explanation of the nexus to practice, or lack thereof, to the offense. For example, a board may find a difference in the nexus to practice and choose to discipline an individual with a driving while intoxicated charge differently if the individual was driving to work on Tuesday morning versus driving home from dinner on Saturday night. Evaluating the nexus to practice of the offense also allows the board to make recommendations regarding licensure specific to the actual offense. The board may issue the license encumbered with restrictions, such as a required chaperone or work setting limitations aligning with offense. The board must acknowledge their own bias in this process and guard against the influence of that bias.

Below are resources that the Physical Therapy Regulatory Board may find helpful when implementing and using criminal history record information (CHRI), commonly referred to as criminal background check, as part of the application for licensure.

• Obtaining and Evaluating an Applicant’s Criminal History Record Information
  The Ethics & Legislation Committee developed this resource for member boards to help understand, handle, and use Criminal History Record Information (CHRI) appropriately. The goals of this resource will be to share foundational information, assist the membership, and help boards gain a basic understanding of the CHRI process.


• National Council of State Boards of Nursing Criminal Background Check (CBC) Guidelines- 2012
  The National Council of State Boards of Nursing (NCSBN) developed these guidelines and decision tree to assist boards of nursing in the interpretation of a criminal conviction history; however, they are also applicable for physical therapy regulatory boards.
  
  Click here for the contact and cost updates to the NCSBN’s CBC Guidelines


• Guidance on Statutory Language to Implement Criminal Background Checks for Licensure
  The FBI provided information applicable for any jurisdiction interested in adding a criminal history record information requirement for licensure.


• Recognizing and Countering Implicit Bias
  Implicit bias refers to the unconscious attitudes or stereotypes that affect our understanding, actions, and decisions in both favorable and unfavorable ways without awareness or intentional control.
  • Concepts Unwrapped: Implicit Bias
  • Implicit Bias Videos and other Resources
  • Types of Bias
  • Implicit Bias Self-Assessments


• Template: Personal Statement
  Applicants are often given an opportunity to explain circumstances around past offenses and discuss the impact on the ability to practice. This template may be used to standardize that statement.