Employment of LPN with Disqualifying Sex Offense Convictions
Penalty
Summary
The facility failed to protect all 24 residents from potential abuse, neglect, exploitation, or theft by employing an LPN who had a criminal conviction and was listed on the Tennessee Bureau of Investigation (TBI) Registered Sex Offender Registry. The Tennessee Department of Health guidelines and the facility's own policy prohibit the employment of individuals with certain sex-related offenses, including those found guilty of abuse, neglect, or exploitation. Despite these clear prohibitions, the facility hired the LPN after a background check revealed felony convictions for aggravated statutory rape, solicitation of a minor, aggravated rape, and soliciting sexual exploitation of a minor. The administrator acknowledged awareness of both the LPN's status on the sex offender registry and the prohibition against employing such individuals in a care facility. The LPN was employed as a direct care nurse, and the administrator confirmed this during the interview. The facility's failure to adhere to state guidelines and its own policy resulted in all residents being exposed to an individual with a disqualifying criminal background.