§ 23-17.7.1-17 - Criminal records review.
SECTION 23-17.7.1-17
§ 23-17.7.1-17 Criminal records review.– (a) Any person seeking employment in a facility which is or is required to belicensed or registered with the department of health if that employmentinvolves routine contact with a patient or resident without the presence ofother employees, shall undergo a criminal background check, which shall beinitiated prior to, or within one week of, employment. All employees hiredprior to the enactment of this section shall be exempted from the requirementsof this section.
(b) The director of the department of health may, by rule,identify 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 § 23-17.7.1-20 and in accordancewith the rule promulgated by the director of the department of health, thebureau of criminal identification of the state police or the local policedepartment will inform the applicant, in writing, of the nature of thedisqualifying information; and, without disclosing the nature of thedisqualifying information, will notify the employer, in writing, thatdisqualifying information has been discovered.
(c) An employee against whom disqualifying information under§ 23-17.7.1-20(b) has been found may request that a copy of the criminalbackground report be sent to the employer who shall make a judgment regardingthe continued employment of the employee.
(d) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification of the state police orthe 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. Failure to maintain that evidence wouldbe grounds to revoke the license or registration of the employer.
(f) It shall be the responsibility of the bureau of criminalidentification of the state police or the local police department to conductthe criminal records check to the applicant for employment without charge toeither the employee or the employer.