(a)(1)  When a person applies for a position as an employee of a qualified entity and if the qualified entity intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form obtained from the qualified entity and shall submit the form to the qualified entity as part of the application process to be an employee. 

(2)  If the qualified entity intends to make an offer of employment to the applicant, the qualified entity shall within five (5) business days of that decision forward the criminal history check form to the Identification Bureau of the Department of Arkansas State Police accompanied by appropriate payment and request the bureau to review the bureau's index of criminal history checks on persons caring for the elderly or individuals with disabilities. Prior to an ElderChoices provider providing care, the provider shall complete a criminal history check form obtained from the Division of Aging and Adult Services of the Department of Human Services and shall submit the completed form with appropriate payment to the bureau and request the bureau to review the bureau's index of criminal history checks on persons caring for the elderly or individuals with disabilities. 

(3)  Within three (3) business days of the receipt of a request to review the index, the bureau shall notify the qualified entity and the division whether the index contains any criminal history records on the applicant or ElderChoices provider. 

(4)(A)  A qualified entity may make an offer of temporary employment to an applicant, pending receipt of notification from the bureau after checking the database of the licensing agency. 

(B)  If no criminal history records regarding the applicant are found in the index, then the qualified entity may continue to temporarily employ the applicant while the bureau completes a criminal history check and the licensing agency determines whether the applicant is disqualified from employment with the qualified entity. 

(C)(i)  If a criminal history record regarding the applicant is found in the bureau's index, then the applicant is temporarily disqualified from employment until the licensing agency issues a determination. 

(ii)  If the licensing agency issues a determination that the applicant is not qualified, then the qualified entity may temporarily employ the applicant while the bureau completes a criminal history check. 

(b)(1)  Except as provided in subdivision (b)(2) of this section, the bureau shall conduct a state criminal history check and a national criminal history check on an applicant, ElderChoices provider, or employee upon receiving a criminal history check request from a qualified entity, a requesting agency, or the division. 

(2)  If the qualified entity, requesting agency, the division, or the ElderChoices provider can verify that the applicant or ElderChoices provider has been employed within the State of Arkansas to provide care to the elderly or to individuals with disabilities, or both, within sixty (60) days before the application or request from the agency or the division or has lived continuously in the State of Arkansas for the past five (5) years, the bureau shall conduct only a state criminal history check on the applicant or ElderChoices provider. 

(3)  When the qualified entity determines the need to utilize temporary employees provided by a private placement agency or other contract staffing company, it shall be the responsibility of the private placement agency or contract staffing agency to initiate the criminal background check as provided by this subchapter, prior to the placement of the person in the qualified entity's facility, and at all times the private placement agency or contract staffing agency must be able to document the pending background check or the final determination if requested by the Office of Long-Term Care. 

(c)(1)  Upon completion of a criminal history check on an applicant, ElderChoices provider, or employee, the bureau shall issue a report to the licensing or requesting agency. 

(2)  The licensing agency shall determine whether the applicant or employee is disqualified from employment with the qualified entity and shall forward its determination to the qualified entity. 

(3)(A)  If the licensing agency determines that an applicant or employee is disqualified from employment, then the qualified entity shall terminate the employment of the employee or shall deny employment to the applicant. 

(B)  If the requesting agency determines that the ElderChoices provider is disqualified from providing care, the requesting agency shall forward its determination to the provider, and the provider shall be prohibited from providing care to the elderly or to individuals with disabilities. 

(d)  Before making a temporary or permanent offer of employment, a qualified entity shall inform applicants and employees that continued employment is contingent upon the results of periodic criminal records checks and that the applicant or employee has the right to obtain a copy of the report from the bureau. 

History. Acts 1997, No. 990, § 3; 1999, No. 1409, § 2; 1999, No. 1467, § 2; 2001, No. 1710, § 1.