§ 23-17-34 - Criminal records review – Nursing facilities – Home nursing care providers and home care providers.
SECTION 23-17-34
§ 23-17-34 Criminal records review –Nursing facilities – Home nursing care providers and home care providers.– (a) Any person seeking employment in a nursing facility, a home nursing careprovider, or a home care provider which is or is required to be licensed,registered or certified 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 to be initiatedprior to or within one week of employment. All employees hired prior to theenactment of this section shall be exempted from the requirements of thissection.
(b) The director of the department of health may by ruleidentify those positions requiring criminal background checks. The identifiedemployee, through the employer, shall apply to the bureau of criminalidentification of the state police or local police department for a statewidecriminal records check. Fingerprinting shall not be required. Upon thediscovery of any disqualifying information as defined in § 23-17-37 and inaccordance with the rule promulgated by the director of health, the bureau ofcriminal identification of the state police or the local police department willinform the applicant, in writing, of the nature of the disqualifyinginformation; and, without disclosing the nature of the disqualifyinginformation, will notify the employer, in writing, that disqualifyinginformation 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 who shall make a judgment regarding the continued employment ofthe 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 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 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.