33-2-1202 - Organizations to perform background checks on employees. - Tennessee Statutes

33-2-1202. Organizations to perform background checks on employees.

(a)  As used in this section and § 38-6-109, “organization” means a facility or service licensed under chapter 2, part 4 of this title.

(b)  Each organization shall have a criminal background check performed on each employee whose responsibilities include direct contact with or direct responsibility for service recipients. The organization shall inform the employee that it will conduct a background check. Within ten (10) days of employment or within ten (10) days of a change of responsibilities that includes direct contact with or direct responsibility for service recipients, the employee shall:

     (1)  Provide past work history containing a continuous description of activities over the past five (5) years;

     (2)  Identify at least three (3) individuals as personal references, one (1) of whom shall have known the applicant for at least five (5) years;

     (3)  Release all investigative records to the organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for the organization; and

     (4)  (A)  Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or

          (B)  Release information for a criminal background investigation by a state licensed private investigation company.

(c)  The organization shall check past work and personal references prior to employment of applicants. At a minimum the organization shall communicate directly with the most recent employer and each employer identified by the applicant as having employed the applicant for more than six (6) months in the past five (5) years. The organization shall communicate directly with at least two (2) of the personal references identified by the applicant. Within or prior to ten (10) days of employment of the person, organizations shall submit the information required to be provided by this subsection (c) to the entity that will conduct the criminal background check.

(d)  Any cost incurred by the Tennessee bureau of investigation, the federal bureau of investigation, or a state licensed private investigation company shall be paid by the organization requesting the investigation and information. If the background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, the payment of the costs shall be made in the amounts established by § 38-6-103.

[Acts 1996, ch. 993, § 1; 1997, ch. 305, § 1; 1999, ch. 466, § 1; T.C.A., § 33-1-209(c); Acts 2000, ch. 981, § 53; 2000, ch. 947, § 1.]