(a) Legislative intent. — The General Assembly's purpose in requiring criminal background checks and drug testing of Department of Health and Social Services' employees working at the Delaware Psychiatric Center is to protect the safety and well-being of the patients and staff of such facility. The provisions of this subchapter shall be broadly construed to accomplish this purpose.
(b) Definitions. — (1) “Applicant” means any of the following:
a. A person seeking employment with the Department in any position at the Delaware Psychiatric Center; or
b. A current Department employee who seeks a promotion or transfer to any position at the Delaware Psychiatric Center; or
c. A former employee who consents prior to leaving employment to periodic review of his or her criminal background for a fixed period of time.
(2) “Background Check Center (BCC)” means the electronic system which combines the data streams from various sources within and outside the State of Delaware in order to assist an employer in determining the suitability of a person for employment.
(3) “Criminal history” means a report from the Department of Health and Social Services regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, pursuant to Public Law 92-544 as amended (28 U.S.C. § 534) and his or her Delaware record from the State Bureau of Identification.
(4) “Department” means the Department of Health and Social Services;
(5) “Grandfathered employee” means an employee of the Delaware Psychiatric Center, who was not fingerprinted pursuant to this statute because the employment commenced before June 15, 2010, and no requirement for fingerprinting has since applied (see paragraph (b)(1) of this section above).
(6) “Reasonable suspicion” means the Department, acting through its supervisory personnel, has a reasonable basis to suspect that a Delaware Psychiatric Center employee:
a. Has been convicted of a disqualifying crime since becoming employed; or
b. Is impaired by an illegal drug.