016-19-18 Ark. Code R. § 1

Current through Register Vol. 49, No. 6, June, 2024

Rule 016.19.18-001 - Criminal Records Check, Office of Long Term Care

RULES AND REGULATIONS FOR CONDUCTING CRIMINAL RECORD CHECKS FOR EMPLOYEES OF LONG TERM CARE FACILITIES

303 If, after checking the online ECR system maintained by the Office of Long Term Care, there was no previous disqualification determination listed on the applicant, the facility shall perform an on-line state criminal record check on the applicant before the facility offers the applicant employment, using the procedures required by the Arkansas State Police/Identification Bureau.

304 If the facility cannot verify that the applicant has lived continuously in the state for the past five (5) years, the facility shall also perform a national criminal history records check on the applicant. The facility shall provide the applicant with form DMS-736, a pre-printed Fingerprint Card provided by the Office of Long Term Care, a form FBM DHS Verification, and pre-printed envelope provided by the Office of Long Term Care. The facility may assist the applicant with the completion of the documents. The applicant shall take the documents to law enforcement and request that law enforcement complete the finger print process, the Fingerprint Card, and the Verification Form. Law enforcement shall then place those items, along with the DMS-736, into the pre-printed envelope and seal the envelope. The applicant shall return the sealed envelope to the facility. The facility shall place the sealed envelope from the applicant into a second preprinted envelope provided by the Office of Long Term Care along with any checks/payments/fees. The facility shall seal the second envelope and shall return it to the Office of Long Term Care.

NOTE: A national criminal history records check shall not be performed on any individual whom the facility can verify has lived continuously in the state for the past five (5) years or who provides care to residents of a service provider subject to a professional license. See Section 502 for the complete list of excluded professions. If a facility desires to perform a national criminal history records check on an individual who has lived continuously in the state for the past five (5) years or who provides care to residents of a service provider subject to a professional license, the facility shall use form ASP-122.

305 After employment clearance is obtained from the online ECR system maintained by the Office of Long Term Care and the person has not listed prior criminal convictions on the DMS-736 form, a facility may make an offer of temporary employment to an applicant or continued employment to an incumbent employee while waiting for the official criminal record check results. Facilities may choose to deny the applicant/employee unsupervised access to a person to whom the facility provides care until the criminal record check and determination of employment status have been completed.

306 Upon completion of the criminal record check on an applicant or employee, the Bureau shall issue a report to the Office of Long Term Care or the requesting facility, depending upon the results. The Office of Long Term Care shall determine whether the applicant or employee is disqualified from employment and issue its Letter of Determination to the applicant or employee, and to the facility or requesting entity. The Letter of Determination to the facility or requesting entity shall only state whether the applicant or employee is qualified or disqualified from employment. If the criminal record report issued by the Bureau lists any conviction, of any type or nature, the facility shall be required to remove from unsupervised direct care duties any person who was offered temporary or continued employment until the Office of Long Term Care's Letter of Determination has been received. If the applicant or employee is disqualified from employment the facility shall terminate the employment of the employee or deny employment to the applicant.

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016.19.18 Ark. Code R. § 001

4/19/2018