Section 161-I:6-a Criminal Record Check Required. - New Hampshire Statutes

   I. Every applicant selected for employment with an other qualified agency, as defined in RSA 161-I:2, IX, shall submit to the employer a notarized criminal conviction record release authorization form, as provided by the division of state police, which authorizes the release of his or her criminal conviction record to the facility pursuant to RSA 106-B:14; provided, that the scope of employment includes the provision of services in a client's home or otherwise involves direct contact with a client.
   II. The other qualified agency shall submit the notarized criminal conviction record release authorization form to the division of state police after an applicant accepts a conditional offer of employment. The other qualified agency shall review the results of the criminal conviction record check before making a final offer of employment. An employee shall not begin work before the final offer of employment is made.
   III. (a) Upon receipt of a notarized criminal conviction record release authorization form from an other qualified agency, the division of state police shall conduct a criminal conviction record check pursuant to RSA 106-B:14 and provide the results to the other qualified agency. The other qualified agency shall maintain the confidentiality of all criminal conviction records received pursuant to this section.
      (b) The cost of criminal conviction record checks for such applicants shall be borne by the other qualified agency provided that the other qualified agency may require an applicant to pay the actual costs of the criminal conviction record check.
   IV. (a) The provisions of this section shall apply to any agency providing temporary or per diem staff to an other qualified agency. The agency shall not offer the services of any person until the agency has reviewed the criminal history of the employee.
      (b) The cost of criminal history record checks for such temporary or per diem staff shall be borne by the agency providing temporary or per diem staff to an other qualified agency, provided that the agency providing per diem staffing may require the selected applicant for employment to pay the actual costs of the criminal conviction record check.
   V. The provisions of this chapter shall not apply to any person who is licensed by the board of nursing pursuant to RSA 326-B.

Source. 2003, 185:2, eff. July 1, 2003.