Re: Disclosure of Criminal History Information

[Guest guest]

I have no history, but my initial certification was held up for a

long time along with this kind of message.

Shahla

> A potential employer who is checking certification status on an

> individual might look at the 'criminal check in progress' very

> dubiously, even though they better be doing their own criminal

> background check. In addition, the criminal background check holds

up

> the individuals certification, which may knock them out of the

running

> for a job. It seems this could be more internal. Possibly, the

DSHS

> legal eagles could explain this for us - I'm certain all of their

bases

> are covered.

>

> Mike Hudson

>

> >>> paramedicop@g... 01/10/05 1:36 PM >>>

>

> All -

>

> I have a rather serious question. I am a paramedic and also hold a

> peace officer license from Texas. I'm very, very aware of the

> regulations surrounding disclosure of criminal history information.

> So, with that in mind, I was browsing the Texas EMS Certification

> Query page (http://www.tdh.state.tx.us/hcqs/ems, then click on

> Certification Query). This is a public database of names, personnel

> ID's (not SSN's) and current licensure/certification status for EMT,

> EMT-I and paramedic personnel in Texas.

>

> While running several names through the database, one of the

persons I

> checked status on came back with an entry indicating that their

status

> was on hold pending a review of criminal history information. It

did

> NOT specifically indicate that the person had a criminal history, or

> any specific charge information, but it would seem to me that

TDH/DSHS

> may be revealing that someone has (or potentially has) a criminal

> history simply by listing " criminal history review " as a part of an

> person's status.

>

> More specifically, their web site gives the following description

for

> that status entry:

> Criminal History Review: Selected for evaluation of criminal

history.

> Deficencies of " Review of Criminal History " or " QI Review " may take

2

> weeks or longer to clear. We will contact you by mail if additional

> information is required.

>

> So, the question to someone who knows: is this ethical? If a

> candidate submits an application to DSHS in which they list some

form

> of criminal history, expecting that this information will remain

> confidential, is DSHS in violation of any state laws with regards to

> disclosure by listing this candidate as under " review of criminal

> history " in their public database? Furthermore, if it's legal, is

it

> ethical? Should DSHS really be posting that people may/may not

have a

> criminal history in the public certquery database?

>

> Obviously criminal histories need to be reviewed by DSHS and by

> employers making hiring decisions. I'm not arguing that any heinous

> criminal should be able to hide their history from everyone. I'm

> asking whether or not DSHS being the " discloser " of the mere fact

that

> someone has a criminal history (which, in most cases, is public

> information for anyone investing in the time to do the search)...

>

> Your thoughts?

>

> Mike

>

> PS - It's not me. Feel free to certquery me - I'm Wayne

,

> ID 50326.

>

>

>

>

>

>

[Guest guest]

I have no history, but my initial certification was held up for a

long time along with this kind of message.

Shahla

> A potential employer who is checking certification status on an

> individual might look at the 'criminal check in progress' very

> dubiously, even though they better be doing their own criminal

> background check. In addition, the criminal background check holds

up

> the individuals certification, which may knock them out of the

running

> for a job. It seems this could be more internal. Possibly, the

DSHS

> legal eagles could explain this for us - I'm certain all of their

bases

> are covered.

>

> Mike Hudson

>

> >>> paramedicop@g... 01/10/05 1:36 PM >>>

>

> All -

>

> I have a rather serious question. I am a paramedic and also hold a

> peace officer license from Texas. I'm very, very aware of the

> regulations surrounding disclosure of criminal history information.

> So, with that in mind, I was browsing the Texas EMS Certification

> Query page (http://www.tdh.state.tx.us/hcqs/ems, then click on

> Certification Query). This is a public database of names, personnel

> ID's (not SSN's) and current licensure/certification status for EMT,

> EMT-I and paramedic personnel in Texas.

>

> While running several names through the database, one of the

persons I

> checked status on came back with an entry indicating that their

status

> was on hold pending a review of criminal history information. It

did

> NOT specifically indicate that the person had a criminal history, or

> any specific charge information, but it would seem to me that

TDH/DSHS

> may be revealing that someone has (or potentially has) a criminal

> history simply by listing " criminal history review " as a part of an

> person's status.

>

> More specifically, their web site gives the following description

for

> that status entry:

> Criminal History Review: Selected for evaluation of criminal

history.

> Deficencies of " Review of Criminal History " or " QI Review " may take

2

> weeks or longer to clear. We will contact you by mail if additional

> information is required.

>

> So, the question to someone who knows: is this ethical? If a

> candidate submits an application to DSHS in which they list some

form

> of criminal history, expecting that this information will remain

> confidential, is DSHS in violation of any state laws with regards to

> disclosure by listing this candidate as under " review of criminal

> history " in their public database? Furthermore, if it's legal, is

it

> ethical? Should DSHS really be posting that people may/may not

have a

> criminal history in the public certquery database?

>

> Obviously criminal histories need to be reviewed by DSHS and by

> employers making hiring decisions. I'm not arguing that any heinous

> criminal should be able to hide their history from everyone. I'm

> asking whether or not DSHS being the " discloser " of the mere fact

that

> someone has a criminal history (which, in most cases, is public

> information for anyone investing in the time to do the search)...

>

> Your thoughts?

>

> Mike

>

> PS - It's not me. Feel free to certquery me - I'm Wayne

,

> ID 50326.

>

>

>

>

>

>

[Guest guest]

I have no history, but my initial certification was held up for a

long time along with this kind of message.

Shahla

> A potential employer who is checking certification status on an

> individual might look at the 'criminal check in progress' very

> dubiously, even though they better be doing their own criminal

> background check. In addition, the criminal background check holds

up

> the individuals certification, which may knock them out of the

running

> for a job. It seems this could be more internal. Possibly, the

DSHS

> legal eagles could explain this for us - I'm certain all of their

bases

> are covered.

>

> Mike Hudson

>

> >>> paramedicop@g... 01/10/05 1:36 PM >>>

>

> All -

>

> I have a rather serious question. I am a paramedic and also hold a

> peace officer license from Texas. I'm very, very aware of the

> regulations surrounding disclosure of criminal history information.

> So, with that in mind, I was browsing the Texas EMS Certification

> Query page (http://www.tdh.state.tx.us/hcqs/ems, then click on

> Certification Query). This is a public database of names, personnel

> ID's (not SSN's) and current licensure/certification status for EMT,

> EMT-I and paramedic personnel in Texas.

>

> While running several names through the database, one of the

persons I

> checked status on came back with an entry indicating that their

status

> was on hold pending a review of criminal history information. It

did

> NOT specifically indicate that the person had a criminal history, or

> any specific charge information, but it would seem to me that

TDH/DSHS

> may be revealing that someone has (or potentially has) a criminal

> history simply by listing " criminal history review " as a part of an

> person's status.

>

> More specifically, their web site gives the following description

for

> that status entry:

> Criminal History Review: Selected for evaluation of criminal

history.

> Deficencies of " Review of Criminal History " or " QI Review " may take

2

> weeks or longer to clear. We will contact you by mail if additional

> information is required.

>

> So, the question to someone who knows: is this ethical? If a

> candidate submits an application to DSHS in which they list some

form

> of criminal history, expecting that this information will remain

> confidential, is DSHS in violation of any state laws with regards to

> disclosure by listing this candidate as under " review of criminal

> history " in their public database? Furthermore, if it's legal, is

it

> ethical? Should DSHS really be posting that people may/may not

have a

> criminal history in the public certquery database?

>

> Obviously criminal histories need to be reviewed by DSHS and by

> employers making hiring decisions. I'm not arguing that any heinous

> criminal should be able to hide their history from everyone. I'm

> asking whether or not DSHS being the " discloser " of the mere fact

that

> someone has a criminal history (which, in most cases, is public

> information for anyone investing in the time to do the search)...

>

> Your thoughts?

>

> Mike

>

> PS - It's not me. Feel free to certquery me - I'm Wayne

,

> ID 50326.

>

>

>

>

>

>

[Guest guest]

While I agree that the comment on the certification query site is

problematic and probably could be handled better, the very top of the

application form [initial or renewal] states clearly that all

information on the form except the social security number is

considered public information. So if an applicant thinks disclosure

of a felony or DUI/DWI conviction is confidential, it is not.

Val Moczygemba

EMT-I

> > A potential employer who is checking certification status on an

> > individual might look at the 'criminal check in progress' very

> > dubiously, even though they better be doing their own criminal

> > background check. In addition, the criminal background check

holds

> up

> > the individuals certification, which may knock them out of the

> running

> > for a job. It seems this could be more internal. Possibly, the

> DSHS

> > legal eagles could explain this for us - I'm certain all of their

> bases

> > are covered.

> >

> > Mike Hudson

> >

> > >>> paramedicop@g... 01/10/05 1:36 PM >>>

> >

> > All -

> >

> > I have a rather serious question. I am a paramedic and also hold

a

> > peace officer license from Texas. I'm very, very aware of the

> > regulations surrounding disclosure of criminal history

information.

> > So, with that in mind, I was browsing the Texas EMS Certification

> > Query page (http://www.tdh.state.tx.us/hcqs/ems, then click on

> > Certification Query). This is a public database of names,

personnel

> > ID's (not SSN's) and current licensure/certification status for

EMT,

> > EMT-I and paramedic personnel in Texas.

> >

> > While running several names through the database, one of the

> persons I

> > checked status on came back with an entry indicating that their

> status

> > was on hold pending a review of criminal history information. It

> did

> > NOT specifically indicate that the person had a criminal history,

or

> > any specific charge information, but it would seem to me that

> TDH/DSHS

> > may be revealing that someone has (or potentially has) a criminal

> > history simply by listing " criminal history review " as a part of

an

> > person's status.

> >

> > More specifically, their web site gives the following description

> for

> > that status entry:

> > Criminal History Review: Selected for evaluation of criminal

> history.

> > Deficencies of " Review of Criminal History " or " QI Review " may

take

> 2

> > weeks or longer to clear. We will contact you by mail if

additional

> > information is required.

> >

> > So, the question to someone who knows: is this ethical? If a

> > candidate submits an application to DSHS in which they list some

> form

> > of criminal history, expecting that this information will remain

> > confidential, is DSHS in violation of any state laws with regards

to

> > disclosure by listing this candidate as under " review of criminal

> > history " in their public database? Furthermore, if it's legal,

is

> it

> > ethical? Should DSHS really be posting that people may/may not

> have a

> > criminal history in the public certquery database?

> >

> > Obviously criminal histories need to be reviewed by DSHS and by

> > employers making hiring decisions. I'm not arguing that any

heinous

> > criminal should be able to hide their history from everyone. I'm

> > asking whether or not DSHS being the " discloser " of the mere fact

> that

> > someone has a criminal history (which, in most cases, is public

> > information for anyone investing in the time to do the search)...

> >

> > Your thoughts?

> >

> > Mike

> >

> > PS - It's not me. Feel free to certquery me - I'm Wayne

> ,

> > ID 50326.

> >

> >

> >

> >

> >

> >

[Guest guest]

Hey Chris

Glad to see your still around.

See ya,

F. E.

" The fate of the wounded rests in the hands of he who applies the first

dressing " Senn

[Guest guest]

I wanted to chime in on this thread.

First of all I wanted to say hello to everyone on here. I used to

work at TDH, DSHS, BEM or whatever you want to call it. I was the

program manager for the program that responsible for all criminal

history checks among many other things. I no longer work there.

I am currently working for Austin County EMS and I am loving

being back on the streets practicing medicine!!!! I truly missed it.

Now to answer some questions...

Anything that you put on an application to the health department is

subject to open records request. The only thing that the department

cant release is a social security number and I beleive your driver's

license number.

Everything else is open to request. I can get everyones phone

number, address, DOB, employer or anything else on that application.

(Kinda Scary!!!)

So when you check that you have a background, it is out there for all

to see. Also, all final convictions are open to release from law

enforcement entities as well. Any pending charges are releaseable as

well. Any dismissed charges are releasable as well. SO TDH is not

violating anything. They are actually abiding by the law.

For employers and potential employers to use this as a hiring or

firing decision is just a bad employer. I use the term bad loosely,

but you get my point.

Keep in mind that the Criminal History box on the application could

mean anything from being found guilty of murder to receiving deferred

adjudication for picking your nose wrong! It does not mean that

these people are bad people. It just means that at least one time in

their life there has been something in their background! TDH does

use time frames on what they will review and possibly take action

against, but if you have ANYTHING on your background, REPORT

IT!!!!!! Withholding your info could get you in trouble!

I in no way am talking for TDH or supporting or not supporting their

practices, I am just stating and explaining how they did things when

I was there.

If you have any other questions I can try to answer them.

See ya Chris

Quiroz

> > > A potential employer who is checking certification status on an

> > > individual might look at the 'criminal check in progress' very

> > > dubiously, even though they better be doing their own criminal

> > > background check. In addition, the criminal background check

> holds

> > up

> > > the individuals certification, which may knock them out of the

> > running

> > > for a job. It seems this could be more internal. Possibly,

the

> > DSHS

> > > legal eagles could explain this for us - I'm certain all of

their

> > bases

> > > are covered.

> > >

> > > Mike Hudson

> > >

> > > >>> paramedicop@g... 01/10/05 1:36 PM >>>

> > >

> > > All -

> > >

> > > I have a rather serious question. I am a paramedic and also

hold

> a

> > > peace officer license from Texas. I'm very, very aware of the

> > > regulations surrounding disclosure of criminal history

> information.

> > > So, with that in mind, I was browsing the Texas EMS

Certification

> > > Query page (http://www.tdh.state.tx.us/hcqs/ems, then click on

> > > Certification Query). This is a public database of names,

> personnel

> > > ID's (not SSN's) and current licensure/certification status for

> EMT,

> > > EMT-I and paramedic personnel in Texas.

> > >

> > > While running several names through the database, one of the

> > persons I

> > > checked status on came back with an entry indicating that their

> > status

> > > was on hold pending a review of criminal history information.

It

> > did

> > > NOT specifically indicate that the person had a criminal

history,

> or

> > > any specific charge information, but it would seem to me that

> > TDH/DSHS

> > > may be revealing that someone has (or potentially has) a

criminal

> > > history simply by listing " criminal history review " as a part

of

> an

> > > person's status.

> > >

> > > More specifically, their web site gives the following

description

> > for

> > > that status entry:

> > > Criminal History Review: Selected for evaluation of criminal

> > history.

> > > Deficencies of " Review of Criminal History " or " QI Review " may

> take

> > 2

> > > weeks or longer to clear. We will contact you by mail if

> additional

> > > information is required.

> > >

> > > So, the question to someone who knows: is this ethical? If a

> > > candidate submits an application to DSHS in which they list

some

> > form

> > > of criminal history, expecting that this information will remain

> > > confidential, is DSHS in violation of any state laws with

regards

> to

> > > disclosure by listing this candidate as under " review of

criminal

> > > history " in their public database? Furthermore, if it's legal,

> is

> > it

> > > ethical? Should DSHS really be posting that people may/may not

> > have a

> > > criminal history in the public certquery database?

> > >

> > > Obviously criminal histories need to be reviewed by DSHS and by

> > > employers making hiring decisions. I'm not arguing that any

> heinous

> > > criminal should be able to hide their history from everyone.

I'm

> > > asking whether or not DSHS being the " discloser " of the mere

fact

> > that

> > > someone has a criminal history (which, in most cases, is public

> > > information for anyone investing in the time to do the

search)...

> > >

> > > Your thoughts?

> > >

> > > Mike

> > >

> > > PS - It's not me. Feel free to certquery me - I'm

Wayne

> > ,

> > > ID 50326.

> > >

> > >

> > >

> > >

> > >

> > >

[Guest guest]

I wanted to chime in on this thread.

First of all I wanted to say hello to everyone on here. I used to

work at TDH, DSHS, BEM or whatever you want to call it. I was the

program manager for the program that responsible for all criminal

history checks among many other things. I no longer work there.

I am currently working for Austin County EMS and I am loving

being back on the streets practicing medicine!!!! I truly missed it.

Now to answer some questions...

Anything that you put on an application to the health department is

subject to open records request. The only thing that the department

cant release is a social security number and I beleive your driver's

license number.

Everything else is open to request. I can get everyones phone

number, address, DOB, employer or anything else on that application.

(Kinda Scary!!!)

So when you check that you have a background, it is out there for all

to see. Also, all final convictions are open to release from law

enforcement entities as well. Any pending charges are releaseable as

well. Any dismissed charges are releasable as well. SO TDH is not

violating anything. They are actually abiding by the law.

For employers and potential employers to use this as a hiring or

firing decision is just a bad employer. I use the term bad loosely,

but you get my point.

Keep in mind that the Criminal History box on the application could

mean anything from being found guilty of murder to receiving deferred

adjudication for picking your nose wrong! It does not mean that

these people are bad people. It just means that at least one time in

their life there has been something in their background! TDH does

use time frames on what they will review and possibly take action

against, but if you have ANYTHING on your background, REPORT

IT!!!!!! Withholding your info could get you in trouble!

I in no way am talking for TDH or supporting or not supporting their

practices, I am just stating and explaining how they did things when

I was there.

If you have any other questions I can try to answer them.

See ya Chris

Quiroz

> > > A potential employer who is checking certification status on an

> > > individual might look at the 'criminal check in progress' very

> > > dubiously, even though they better be doing their own criminal

> > > background check. In addition, the criminal background check

> holds

> > up

> > > the individuals certification, which may knock them out of the

> > running

> > > for a job. It seems this could be more internal. Possibly,

the

> > DSHS

> > > legal eagles could explain this for us - I'm certain all of

their

> > bases

> > > are covered.

> > >

> > > Mike Hudson

> > >

> > > >>> paramedicop@g... 01/10/05 1:36 PM >>>

> > >

> > > All -

> > >

> > > I have a rather serious question. I am a paramedic and also

hold

> a

> > > peace officer license from Texas. I'm very, very aware of the

> > > regulations surrounding disclosure of criminal history

> information.

> > > So, with that in mind, I was browsing the Texas EMS

Certification

> > > Query page (http://www.tdh.state.tx.us/hcqs/ems, then click on

> > > Certification Query). This is a public database of names,

> personnel

> > > ID's (not SSN's) and current licensure/certification status for

> EMT,

> > > EMT-I and paramedic personnel in Texas.

> > >

> > > While running several names through the database, one of the

> > persons I

> > > checked status on came back with an entry indicating that their

> > status

> > > was on hold pending a review of criminal history information.

It

> > did

> > > NOT specifically indicate that the person had a criminal

history,

> or

> > > any specific charge information, but it would seem to me that

> > TDH/DSHS

> > > may be revealing that someone has (or potentially has) a

criminal

> > > history simply by listing " criminal history review " as a part

of

> an

> > > person's status.

> > >

> > > More specifically, their web site gives the following

description

> > for

> > > that status entry:

> > > Criminal History Review: Selected for evaluation of criminal

> > history.

> > > Deficencies of " Review of Criminal History " or " QI Review " may

> take

> > 2

> > > weeks or longer to clear. We will contact you by mail if

> additional

> > > information is required.

> > >

> > > So, the question to someone who knows: is this ethical? If a

> > > candidate submits an application to DSHS in which they list

some

> > form

> > > of criminal history, expecting that this information will remain

> > > confidential, is DSHS in violation of any state laws with

regards

> to

> > > disclosure by listing this candidate as under " review of

criminal

> > > history " in their public database? Furthermore, if it's legal,

> is

> > it

> > > ethical? Should DSHS really be posting that people may/may not

> > have a

> > > criminal history in the public certquery database?

> > >

> > > Obviously criminal histories need to be reviewed by DSHS and by

> > > employers making hiring decisions. I'm not arguing that any

> heinous

> > > criminal should be able to hide their history from everyone.

I'm

> > > asking whether or not DSHS being the " discloser " of the mere

fact

> > that

> > > someone has a criminal history (which, in most cases, is public

> > > information for anyone investing in the time to do the

search)...

> > >

> > > Your thoughts?

> > >

> > > Mike

> > >

> > > PS - It's not me. Feel free to certquery me - I'm

Wayne

> > ,

> > > ID 50326.

> > >

> > >

> > >

> > >

> > >

> > >

[Guest guest]

Still Around! I have been busy trying to get back in the swing of

things running calls!

But everything is under control now and I have a little time to do

other things!

Hope to be at GETAC in February.

Chris

> Hey Chris

>

> Glad to see your still around.

>

> See ya,

> F. E.

> " The fate of the wounded rests in the hands of he who applies the

first

> dressing " Senn

>

>

>

[Guest guest]

Still Around! I have been busy trying to get back in the swing of

things running calls!

But everything is under control now and I have a little time to do

other things!

Hope to be at GETAC in February.

Chris

> Hey Chris

>

> Glad to see your still around.

>

> See ya,

> F. E.

> " The fate of the wounded rests in the hands of he who applies the

first

> dressing " Senn

>

>

>