Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 33 - ELDER CARE (§§ 20-33-201 — 20-33-213) › Subchapter 2 - CRIMINAL RECORDS CHECKS FOR PERSONS CARING FOR THE ELDERLY (§§ 20-33-201 — 20-33-213) › Section 20-33-213 - Criminal history and registry records checks required - Definitions

(a)
As used in this section:
(1)
"Registry records check" means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in §
20-38-101
; and
(2)
"Service provider" means any of the following:
(A)
A home- and community-based health services provider certified by the Division of Provider Services and Quality Assurance;
(B)
A home healthcare services agency as defined by §
20-10-801
;
(C)
A hospice program as defined by §
20-7-117
; or
(D)
A long-term care facility as defined by §
20-10-702
.
(b)
Beginning September 1, 2009, a service provider is subject to the requirements of this section and §
20-38-101
et seq., concerning criminal history records checks.
(c)
(1)
A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and §
20-38-101
et seq., concerning criminal history records checks.
(2)
(A)
A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§
20-33-201
-
20-33-212
[repealed], and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§
20-33-201
-
20-33-212
[repealed].
(B)
When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under §
20-38-101
et seq.
(d)
(1)
The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and §
20-38-101
et seq., concerning criminal history records checks.
(2)
(A)
The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§
20-33-201
-
20-33-212
[repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§
20-33-201
-
20-33-212
[repealed].
(B)
When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under §
20-38-101
et seq.
(e)
The department shall establish by rule requirements for registry records checks for:
(1)
An applicant for licensure or certification of a service provider;
(2)
An applicant for employment with a service provider; and
(3)
An employee of a service provider.
Amended by Act 2023, No. 164,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 318,§ 5, eff. 7/24/2019.
Amended by Act 2017, No. 913,§ 58, eff. 8/1/2017.
Amended by Act 2017, No. 591,§ 3, eff. 8/1/2017.
Acts 2009, No. 762, § 6; 2011, No. 1121, § 10.