HR in Healthcare – 1. Recruitment Process and the Duty of Due Diligence

How do you conduct a careful recruitment process, and what rules apply when hiring healthcare professionals?

Recruitment and Selection

Key principles in recruitment and selection

When recruiting and selecting healthcare professionals, keep the following in mind:

• Transparency: Be clear about the course of the recruitment process and the criteria on which candidates are selected.
• Objectivity: Candidates must be selected based on objective criteria, focusing on whether the applicant’s work experience and professional qualifications make them suitable for the role.
• Non-discrimination: Candidates may not be discriminated against on the basis of sex, age, race, religion, belief, sexual orientation, marital status, disability, or chronic illness.
• Privacy: Handle applicants’ personal data confidentially and carefully.

Use of AI in the recruitment process

More and more organizations, including healthcare providers, use AI in the selection process. It can save time and enable more objective screening. However, there is also a risk of algorithmic discrimination: unintended bias in data or software can lead to unequal treatment of candidates. HR professionals must therefore remain critical of the use of AI tools in recruitment and selection and ensure there is always “human” oversight.

Duty of Verification

The quality and safety of healthcare depends on the competence of healthcare professionals. In the past, situations have occurred where individuals worked in healthcare without the proper professional qualifications, leading to risks for clients. For this reason, the duty of verification was introduced, meaning healthcare providers are legally required to assess whether new staff are suitable to provide care.

When does the duty of verification apply?

The duty applies whenever a healthcare provider hires a new healthcare professional. The provider must investigate the suitability of anyone who will provide professional care. This also applies to temporary workers and self-employed professionals. It is not mandatory for volunteers, but we recommend doing so nonetheless. Failure to comply can result in fines imposed by the Health and Youth Care Inspectorate (IGJ), and in severe cases, even temporary closure of a healthcare facility. It may also affect accreditations or certifications. In short: there are plenty of reasons to comply with the duty of verification.

How can you meet the duty of verification?

Daar zijn verschillende manieren voor:

• Request references from previous employers
• Check the BIG register
• Make inquiries with the IGJ
• Request a Certificate of Conduct (VOG). For some categories of healthcare institutions this is legally mandatory (more on this in the next blog).

It is important to combine several of these methods. A VOG alone, for example, is not sufficient. Ultimately, the goal is to prevent hiring a healthcare worker who later proves unsuitable, which can harm clients and burden the organization with performance issues and remedial measures. No matter how urgent staff shortages are, it is not worth hiring too quickly only to face inadequate care delivery and lengthy improvement processes. Prevention is better than cure!

Tips

• Use a fixed checklist for the duty of verification and document which steps have been taken.
• Combine different verification methods (such as requesting references, checking the BIG register, contacting the IGJ, and obtaining a VOG).
• Ensure transparent and objective selection criteria and communicate these in advance.

Do you have questions about employment law in the healthcare context? Please contact Sietske Bos, Attorney at law specialized in Employment law, or Ymke Stam, Legal Assistant in Employment Law, both of whom work extensively with healthcare organizations.

HR in Healthcare Blog Series

1. Recruitment Process and the Duty of Due Diligence

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