Can You Be a STNA With a Felony in Ohio?

The STNA title in Ohio is equivalent to the Certified Nursing Assistant (CNA) role used in other states. This position involves providing direct, hands-on care to vulnerable populations in various healthcare settings. Ohio law imposes strict eligibility requirements, including a mandatory background check, to determine an applicant’s fitness to work. A felony on a criminal record does not automatically disqualify an individual, but the specific nature and age of the offense are subject to detailed review under state regulations.

The Role of the STNA and Standard Certification Requirements

STNAs provide intimate and daily support for patients and residents in nursing homes, hospitals, and assisted living facilities. They assist licensed nurses with activities of daily living, such as bathing, dressing, feeding, and mobility. The work requires a high degree of trust and responsibility, directly impacting the safety and quality of life for those under their care.

To achieve certification, a candidate must complete a state-approved training program totaling a minimum of 75 hours of instruction. This training must include at least 59 hours of classroom learning and 16 hours of supervised clinical practice. After completing the course, the applicant must pass the Ohio Nurse Aide Competency Examination, which consists of a written knowledge test and a practical skills assessment. Passing this two-part exam results in placement on the Ohio Nurse Aide Registry.

Ohio’s Background Check Mandate for STNAs

The Ohio Department of Health (ODH), which maintains the Nurse Aide Registry, mandates a comprehensive criminal records check for all STNA applicants. This requirement ensures that individuals working directly with patients meet necessary standards of integrity and safety. The check is typically initiated by the training program or prospective employer when an applicant is under final consideration for employment.

The mandatory check involves fingerprint submission for both a state-level and a national-level review. Applicants must undergo checks by the Ohio Bureau of Criminal Identification and Investigation (BCI) and the Federal Bureau of Investigation (FBI). The BCI reviews criminal history within Ohio, while the FBI check reports history from other states. The results are sent directly to the ODH and are the primary tool used to determine eligibility for certification and employment.

Statutory Disqualification: Felonies That Bar STNA Certification

Ohio law, specifically Ohio Revised Code Section 3701.881, dictates which criminal offenses mandate a bar from direct care positions. These offenses are categorized to distinguish between those resulting in permanent disqualification and those subject to a temporary exclusionary period. This classification is based on the severity of the crime and the vulnerable nature of the population served.

Certain felonies result in a permanent bar from STNA certification and employment. These Tier I offenses include aggravated murder, rape, sexual battery, kidnapping, and patient abuse. An applicant convicted of or pleading guilty to one of these offenses is strictly prohibited from working in a direct care role in Ohio healthcare settings.

Other felonies, such as certain drug offenses, theft, fraud, and assault, result in temporary exclusionary periods. The length of this temporary bar is measured from the date the individual was fully discharged from all sanctions, including imprisonment, probation, or parole. For instance, a Tier IV offense like assault or menacing may result in a five-year exclusionary period.

More serious non-permanent felonies, or multiple unrelated disqualifying offenses, can impose longer exclusionary periods, such as seven or ten years. The calculation of the look-back period is precise, beginning only after the completion of all court-ordered supervision and sanctions. The specific criminal code section of the conviction determines the length of the statutory exclusion.

The Process for Requesting a Waiver or Exception

The Ohio Department of Health (ODH) provides a formal process to seek an exception to the employment bar for individuals with a temporary disqualifying offense. This waiver process is only available to those whose convictions are not classified under the permanent statutory exclusion list. The applicant must submit a request demonstrating rehabilitation and proving that granting the waiver would not endanger the health or safety of patients.

To support a waiver request, the applicant must provide comprehensive documentation detailing the specifics of the offense, including court records and evidence of successful completion of all court-ordered terms. The ODH evaluates the case based on several factors: the nature and seriousness of the crime, the time elapsed since the conviction, and any subsequent criminal activity. The applicant must demonstrate a sustained period of law-abiding behavior and a commitment to personal reform.

The waiver application is strengthened if the applicant obtains a Certificate of Qualification for Employment (CQE) or a Certificate of Achievement and Employability (CAE). These certificates, issued by the Ohio Department of Rehabilitation and Correction, serve as formal legal recognition of rehabilitation and fitness for employment. The ODH considers all evidence of fitness to provide care, including letters of recommendation from employers, counselors, or community leaders, to determine if the statutory bar should be lifted.

Maintaining the STNA Registry and Disclosure Requirements

To maintain an “active” status on the Ohio Nurse Aide Registry, STNAs must comply with ongoing standards. An STNA must provide at least 7.5 consecutive hours or 8 hours in a 48-hour period of compensated nursing-related services within a 24-month period. Failure to meet this work requirement necessitates re-training and re-testing to regain eligibility.

The registry also records any substantiated findings of misconduct. An STNA can be permanently removed from the registry for abusing, neglecting, or misappropriating a patient’s property. These actions are grounds for permanent ineligibility, even without a new felony conviction. STNAs are generally required to disclose any subsequent arrests or convictions to their employer or the licensing authority, as continuing to practice while under a new legal sanction could lead to administrative action against their certification.

Next Steps for Applicants with a Felony History

Anyone considering an STNA career with a felony history should first obtain a current copy of their BCI and FBI criminal record. Reviewing this document confirms the exact nature of the offense and the date of discharge from all sanctions. This information is necessary to accurately determine the applicable exclusionary period and assess eligibility.

If the criminal history is complex or involves multiple offenses, applicants should seek counsel from an attorney specializing in Ohio licensing and employment law. Legal professionals can provide guidance on the relevant Ohio Revised Code sections and determine if the offense results in a permanent bar or a temporary exclusion. Proactive preparation for a potential waiver is also advisable, including gathering documents demonstrating rehabilitation, such as proof of stable employment, community service, and completion of treatment programs. Applicants must always be honest and transparent about their criminal history throughout the process.