§ 114-19.10. Criminal record checks for adult care homes, nursing homes, home care agencies, and providers of mental health, developmental disabilities, and substance abuse services.
§ 114‑19.10. Criminal record checks for adultcare homes, nursing homes, home care agencies, and providers of mental health,developmental disabilities, and substance abuse services.
The Department of Justice may provide to the following entities thecriminal history from the State and National Repositories of CriminalHistories:
(1) Nursing homes or combination homes licensed under Chapter131E of the General Statutes.
(2) Adult care homes licensed under Chapter 131D of the GeneralStatutes.
(3) Home care agencies licensed under Chapter 131E of theGeneral Statutes.
(4) Providers licensed under Chapter 122C of the GeneralStatutes, including a contract agency of a provider that is subject to theprovisions of Article 4 of that Chapter.
The criminal history shall be provided to nursing homes and home careagencies in accordance with G.S. 131E‑265, to adult care homes inaccordance with G.S. 131D‑40, and to a provider in accordance with G.S.122C‑80. The requesting entity shall provide to the Department of Justice,along with the request, the fingerprints of the individual to be checked if anational criminal history record check is required, any additional informationrequired by the Department of Justice, and a form signed by the individual tobe checked consenting to the check of the criminal record and to the use offingerprints and other identifying information required by the State orNational Repositories of Criminal Histories. If a national criminal historyrecord check is required, the fingerprints of the individual shall be forwardedto the State Bureau of Investigation for a search of the State's criminalhistory record file, and the State Bureau of Investigation shall forward a setof fingerprints to the Federal Bureau of Investigation for a national criminalhistory record check. All information received by the entity shall be keptconfidential in accordance with G.S. 131E‑265, 131D‑40, and 122C‑80,as applicable. The Department of Justice shall charge a reasonable fee forconducting the checks authorized by this section. The fee for the State checkmay not exceed fourteen dollars ($14.00). (2000‑154, s. 1; 2003‑214, s. 1(2); 2005‑4, s. 5(b).)