Can a healthcare facility in NJ choose to hire non-medical staff without performing a background check? Is ‘open hiring’ allowed for non-medical staff?

Any healthcare setting such as Assisted Living, Nursing Home, Hospital, etc.

Asked on September 12, 2017 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is allowed. Background checks are not legally mandated for healthcare facilities. It is very unwise to not do a background check, since the facility could find itself  liable if an employee with a criminal or sex offender background harms someone, but the facility is free to take that chance if it likes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.