§ 20-33-213 - Criminal history and registry records checks required. - Arkansas Statutes

20-33-213. Criminal history and registry records checks required.

(a) As used in this section:

(1) "Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in 20-38-101; and

(2) "Service provider" means any of the following:

(A) An ElderChoices provider certified by the Division of Aging and Adult Services of the Department of Human Services;

(B) A home health care service as defined by 20-10-801;

(C) A hospice program as defined by 20-7-117; or

(D) A long-term care facility as defined by 20-10-702.

(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and 20-33-201 et seq., concerning criminal history records checks.

(c) (1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and 20-38-101 et seq., concerning criminal history records checks.

(2) (A) A person who was offered employment by a service provider prior to September 1, 2009, was subject to a criminal history records check under 20-33-201 -- 20-33-212 [repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under 20-33-201 -- 20-33-212 [repealed].

(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under 20-38-101 et seq.

(d) (1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and 20-38-101 et seq., concerning criminal history records checks.

(2) (A) The person who signed an application for licensure or certification of a service provider prior to September 1, 2009, was subject to a criminal history records check under 20-33-201 -- 20-33-212 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under 20-33-201 -- 20-33-212 [repealed].

(B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under 20-38-101 et seq.

(e) The division shall establish by rule requirements for registry records checks for:

(1) An applicant for licensure or certification of a service provider;

(2) An applicant for employment with a service provider; and

(3) An employee of a service provider.