Background Checks for Direct Caregivers | South Carolina Department of Public Health

Direct Caregivers

S.C. Code 44-7-2910(A)(1) requires a direct care entity employing or contracting with a direct caregiver to conduct a criminal record check as provided in Section 44-7-2910 prior to employing or contracting with the direct caregiver.

Direct care entities include:

A nursing home;
A daycare facility for adults;
A home health agency;
A community residential care facility;
A residential treatment facility for children and adolescents;
A hospice program; and
An in-home care provider.

Providers or facilities that are not direct care entities may not have their caregivers undergo a state and national background check pursuant to this authority.

More information concerning the direct caregiver background check requirements can be found in S.C. Code Ann. Section 44-7-2910, et seq.

Important Information

For direct caregiver applicants who require a state and federal background check, please note the following instructions:

Pursuant to direction from the South Carolina Law Enforcement Division (SLED), a direct care entity must have a valid relationship with a prospective applicant at the time the applicant seeks fingerprinting for the state and federal background check.
The direct care entity will complete the Verification of Application and Authorization for Background Check form and submit the form via email to HQCBC@dph.sc.gov.
Moreover, the direct care entity shall provide the applicant with the following notices:
- Noncriminal Justice Applicant’s Privacy Rights; and
- FBI Privacy Act Statement.
Finally, applicants are notified that they may challenge the accuracy or completeness of any entry on his/her criminal history record.
- The subject of an out-of-state record may direct his/her challenge as to the accuracy or completeness for an entry on his/her record to the Federal Bureau of Investigation (FBI), Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV, 26306. Visit the FBI Website for more details.
- For an in-state record, the subject may contact SLED directly at (803) 737-9000 or visit sled.sc.gov/cjis. The subject should be prepared at that time to provide their full name, date of birth, social security number, and the reason behind the challenge or correction request.
Upon receipt of the Verification of Application and Authorization for Background Check form to the HQ Criminal Background Check email, HQCBC@dph.sc.gov, Healthcare Quality staff will provide the service code for undergoing the background check at an approved vendor.

Approved vendors that may take your fingerprints include IdentoGO.

Please note that, pursuant to the directive of SLED, if HQ personnel receive CHRI that is not connected to a known direct caregiver applicant for which we have received an authorization form, we will immediately destroy such results and notify the SLED NJIS Unit.
Should you have any questions regarding background checks for direct caregivers, you may contact HQ staff at HQCBC@dph.sc.gov.
Pursuant to Federal Law and directives from SLED/FBI, the Department is only allowed to disseminate the results of state and federal fingerprint background checks as follows:
- Facilities and providers governed by Public Law 105-277 - The Department can only forward the results of checks to a representative of a nursing home or home health agency who has been vetted by SLED, which includes undergoing a background check and taking security awareness training. Please contact HQCBC@dph.sc.gov for more information about getting vetted. Pursuant to direction from SLED, if a representative of a nursing home or home health agency is not vetted, the Department will make an eligibility determination regarding caregivers for these direct care entities and provide such determination to the nursing home or home health agency. The eligibility determination should be maintained by the nursing home or home health agency in the caregiver's file.
- Facilities and providers governed by Public Law 92-544 - The Department is unable to forward the results of checks to all community residential care facilities, day care facilities for adults, residential treatment facilities for children and adolescents, hospice programs, in-home care providers, and employment placement agencies. SLED has directed the Department to make an eligibility determination regarding caregivers for these direct care entities and provide such determination to the applicable direct care entity. The eligibility determination should be maintained by the direct care entity in the caregiver's file.