Current through Register Vol. XLII, No. 1, January 3, 2025
Section 69-10-9 - Responsibility of the Covered Provider or Covered Contractor9.1. Record Retention. A bureau or covered provider shall maintain the following documents related to the background checks for all direct personnel for the duration of their employment, including: 9.1.1. Documents establishing that an applicant has no negative findings on registries and licensure databases. 9.1.2. The secretary's eligible employment fitness determination; 9.1.3. Any variance granted by the secretary, if applicable; and9.1.4. For provisional employees, the Department or covered provider shall maintain documentation that establishes that the individual meets the qualifications for provisional employment. 9.2. Except as otherwise permitted by this rule, the Department or covered provider may not employ an applicant, or engage an independent health contractor, prior to completing the background check process.9.3. Failure of the Department, covered provider, or covered contractor to ensure proper completion of the background check process for each individual employed as direct access personnel may result in the imposition of civil money penalties of $2,500 per occurrence. Engaging individuals knowing that they are ineligible to work may subject the employer to civil money penalties of $2,500 per occurrence. Each civil money penalty will be levied by the Secretary by written notice.