Idaho Admin. Code r. 16.03.22.009

Current through September 2, 2024

Section 16.03.22.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

01.Criminal History and Background Check. A residential assisted living facility must complete a criminal history and background check on employees and contractors hired or contracted with after October 1, 2005, who have direct resident access to residents in the residential assisted living facility. The Department check conducted under IDAPA 16.05.06, "Criminal History and Background Checks," satisfies this requirement. Other criminal history and background checks may be acceptable provided they meet the criteria in Subsection 009.02 of this rule and the entity conducting the check issues written findings. The entity must provide a copy of these written findings to both the facility and the employee.

02.Scope of a Criminal History and Background Check. The criminal history and background check must, at a minimum, be fingerprint-based and include a search of the following record sources:

a. Federal Bureau of Investigation (FBI);

b. Idaho State Police Bureau of Criminal Identification;

c. Sexual Offender Registry;

d. Office of Inspector General List of Excluded Individuals and Entities; and

e. Nurse Aide Registry.

03.Availability to Work. Any direct resident access individual hired or contracted with on or after October 1, 2005, must self-disclose all arrests and convictions before having access to residents.

a. If a disqualifying crime as described in IDAPA 16.05.06, "Criminal History and Background Checks," is disclosed, the individual must not have direct resident access to any resident.

b. The individual is only allowed to work under another employee who has a cleared criminal history and background check that meets the criteria in this rule. The cleared employee must keep the individual waiting for clearance in line-of-sight when the individual has direct resident access until the criminal history and background check is completed and the results are obtained by the facility, unless:

i. The individual has completed an alternative criminal history and background check that includes a search of the record sources listed in Subsection 009.02 except for Subsection 009.02.a. in this rule;

ii. The facility determines there is no potential danger to residents; and

iii. This alternative criminal history and background check is only in effect until the required criminal history and background check that meets the criteria in this rule is completed. The results must state whether the individual was cleared or denied based on the completed fingerprint-based background check.

04.Submission of Fingerprints. The individual's fingerprints must be submitted to the entity conducting the criminal history and background check within twenty-one (21) days of their date of hire.

05.New Criminal History and Background Check. An individual must have a criminal history and background check when:

a. Accepting employment with a new employer; and

b. The individual's last criminal history and background check was completed more than three (3) years prior to their date of hire.

06.Use of Previous Criminal History and Background Check. Any employer is allowed to use a previous criminal history and background check that meets the criteria in this rule if:

a. The individual has received a criminal history and background check within three (3) years of their date of hire;

b. Prior to the individual being granted unsupervised direct resident access, the employer obtains and retains the individual's previous criminal history and background check results;

c. The employer completes a state-only background check of the individual through the Idaho State Police Bureau of Criminal Identification, within thirty (30) days of obtaining the previous criminal history and background check results; and

d. No disqualifying crimes are found.

07.Employer Discretion. The new employer, at its discretion, may require an individual to complete a criminal history and background check at any time, even if the individual has received a criminal history and background check within three (3) years of their date of hire.

Idaho Admin. Code r. 16.03.22.009

Effective March 15, 2022