71-2-111 - Verification of individual background information and performance of criminal history background check of employees and volunteers. - Tennessee Statutes

71-2-111. Verification of individual background information and performance of criminal history background check of employees and volunteers.

(a)  The commission shall require its contractors, grantees, and subcontractors to verify individual background information for newly hired employees and volunteers who provide direct care for, have direct contact with, or have direct responsibility for the safety and care of disabled or elderly persons in their homes.

(b)  The commission shall promulgate rules that develop standard procedures specifying minimum requirements applicable to verifying individual background information or performing a criminal history background check of all paid or volunteer in-home care providers for vulnerable elderly and disabled persons. The commission is expressly authorized to promulgate such rules as public necessity rules pursuant to § 4-5-209(a)(4) to provide an immediate effective date.

(c)  If the criminal history background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, it shall be conducted by the submission of fingerprint cards to the Tennessee bureau of investigation or the federal bureau of investigation. Any cost incurred by the Tennessee bureau of investigation or the federal bureau of investigation shall be paid by the organization requesting such investigation and information. If a criminal history background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, the payment of such costs shall be made in the amounts established by § 38-6-103.

[Acts 2001, ch. 397, § 12.]