2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-25.1 - Employee Criminal Records Check › Section 40.1-25.1-3. - Criminal records check requirement.

§ 40.1-25.1-3. Criminal records check requirement.
(a)
Any facility or program licensed by the department pursuant to § 40.1-24-1 et seq. and any facility or program operated by the department shall require all applicants for employment, if that employment involves routine contact with patients, residents, or clients without the presence of other employees, to apply to the bureau of criminal identification of the state police or the local police department or, for organizations employing two hundred fifty (250) or more employees only, the office of the attorney general for a nationwide criminal records check. The check will conform to the applicable state and federal standards, including the taking of fingerprints of the applicant. Fingerprints shall be initially submitted to the office of the attorney general for a check of state records and thereafter forwarded to the Federal Bureau of Investigation (“FBI”) for a national criminal history check. The criminal records checks as required by this section shall be conducted for every five (5) years of continuous employment from the date of the previous criminal background check.
(b)
If any disqualifying information is discovered with respect to the applicant, the bureau of criminal identification of the state police or the local police department or the office of the attorney general will inform the employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying nature has been discovered. In addition, the bureau of criminal identification of the state police or the local police department or the office of the attorney general will inform the applicant, in writing, of the nature of the disqualifying information. The results of the national criminal records check shall be made available to the applicant undergoing a records check and submitting fingerprints.
(c)
In those situations in which no disqualifying information has been found, the bureau of criminal identification of the state police or the local police department or the office of the attorney general shall inform both the applicant and the employer of this fact.
(d)
The employer will maintain on file, subject to investigation by the department, evidence that criminal records checks in accordance with this statute have been initiated on all employees seeking employment after August 1, 2001, and the results of the checks. Failure to maintain the evidence on file will be prima facie grounds to revoke the license or certification of the operator of any facility or program licensed or certified by the department.
(e)
It shall be the responsibility of the bureau of criminal identification of the state police or the local police department or the office of the attorney general to conduct the national criminal records check for the applicant. Any expense associated with obtaining the criminal records check required pursuant to subsection (a) of this section with respect to organizations employing two hundred fifty (250) or more employees, including the taking of fingerprints of the applicant, shall be paid by the organization requiring the criminal records check.
History of Section.
P.L. 2001, ch. 410, § 1; P.L. 2022, ch. 348, § 1, effective June 29, 2022; P.L. 2022, ch. 349, § 1, effective June 29, 2022.