§ 23-17.4-27 - Criminal records review.
SECTION 23-17.4-27
§ 23-17.4-27 Criminal records review.– (a) Any person seeking employment in any assisted living residence licensedunder this act and having routine contact with a resident or having access to aresident's belongings or funds shall undergo a criminal background check to beprocessed prior to or within one week of employment. All employees hired priorto the enactment of this section shall be exempted from the requirements ofthis section.
(b) The director of the department of health may by ruleidentify those positions requiring criminal background checks. The employee,through the employer, shall apply to the bureau of criminal identification ofthe state police or local police department for a statewide criminal recordscheck. Fingerprinting shall not be required. Upon the discovery of anydisqualifying information as defined in § 23-17.4-30 and in accordancewith the rule promulgated by the director of health, the bureau of criminalidentification of the state police or the local police department will informthe applicant in writing of the nature of the disqualifying information; and,without disclosing the nature of the disqualifying information, will notify theemployer in writing that disqualifying information has been discovered.
(c) An employee against whom disqualifying information hasbeen found may request that a copy of the criminal background report be sent tothe employer. The administrator shall make a judgment regarding the continuedemployment of the employee.
(d) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification (BCI) of the state policeor the local police shall inform the applicant and the employer in writing ofthis fact.
(e) The employer shall maintain on file, subject toinspection by the department of health, evidence that criminal records checkshave been initiated on all employees seeking employment after October 1, 1991,and the results of the checks. Failure to maintain that evidence would begrounds to revoke the license or registration of the employer.
(f) It shall be the responsibility of the bureau of criminalidentification (BCI) of the state police or the local police department toconduct the criminal records check to the applicant for employment withoutcharge to either the employee or employer.