§ 23-17.7.1-17. Criminal records review.
(a) Any person seeking employment in a facility who is, or is required to be, licensed
or registered with the department of health if that employment involves routine contact
with a patient or resident without the presence of other employees, shall undergo
a national criminal records check that 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 initiated
prior to, or within one week of, employment. All persons who, as of September 30,
2014, are already employed by a covered facility and all persons who, as of such date,
already provide services under this chapter, shall be exempt 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 § 23-17.7.1-20, and in accordance with the rule promulgated by the director
of the department 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 under § 23-17.7.1-20(b) has been
found may provide a copy of the national criminal records check to the employer who
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 of 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 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.