§ 23-17.4-27. Criminal records review.
(a) Any person seeking employment in any assisted living residence licensed under this
act, and having routine contact with a resident or having access to a resident's belongings
or funds, shall undergo a national criminal records check which shall include fingerprints
submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification
of the department of attorney general. The national criminal records check shall be
processed prior to or within one week of employment. All persons who, as of September
30, 2014, are already employed by an assisted living residence and all persons who,
as of such date, already provide services under this chapter, shall be exempted from
the requirements of this section for purposes of their current employment only.
(b) The director of the department of health may, by rule, identify those positions requiring
national criminal records checks. The employee, through the employer, shall apply
to the bureau of criminal identification of the department of attorney general for
a national criminal records check. Upon the discovery of any disqualifying information
as defined in § 23-17.4-30, and in accordance with the rule promulgated by the director of health, the bureau
of criminal identification of the department of attorney general will inform the applicant
in writing of the nature of the disqualifying information; and, without disclosing
the nature of the disqualifying information, will notify the employer in writing that
disqualifying information has been discovered.
(c) An employee against whom disqualifying information has been found may provide a copy
of the national criminal records check to the employer. The administrator shall make
a judgment regarding the continued employment of the employee.
(d) In those situations in which no disqualifying information has been found, the bureau
of criminal identification (BCI) of the department of attorney general shall inform
the applicant and the employer in writing of this fact.
(e) The employer shall maintain on file, subject to inspection by the department of health,
evidence that statewide criminal records checks have been initiated on all employees
seeking employment between October 1, 1991, and September 30, 2014, and the results
of the checks. The employer shall maintain on file, subject to inspection by the department
of health, evidence that national criminal records checks have been initiated on all
employees seeking employment on or after October 1, 2014, and the results of those
checks. Failure to maintain that evidence would be grounds to revoke the license or
registration of the employer.
(f) The employee shall be responsible for the cost of conducting the national criminal
records check through the bureau of criminal identification of the department of attorney
general.