2023 Tennessee Code › Title 33 - MENTAL HEALTH AND SUBSTANCE ABUSE AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES (§§ 33-1-101 — 33-11-106) › Chapter 2 - SERVICES AND FACILITIES (§§ 33-2-101 — 33-2-1403) › Part 12 - PERSONNEL AND VOLUNTEERS (§§ 33-2-1201 — 33-2-1205) › Section 33-2-1202 - Organizations to perform background checks on employees

(a)
As used in this section and §
38-6-109
, "organization" means a facility or service licensed under chapter 2, part 4 of this title.
(b)
Each organization shall have a criminal background check completed on any employee or volunteer who will be in a position that involves providing direct contact with or direct responsibility for service recipients. The background check shall be completed before allowing the person to have any direct contact with or direct responsibility for service recipients. The persons applying for employment shall:
(1)
Provide past work history containing a continuous description of activities over the past five (5) years;
(2)
Identify at least three (3) individuals as personal references, one (1) of whom shall have known the applicant for at least five (5) years;
(3)
Release all investigative records to the organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for the organization; and
(4)
(A)
Supply fingerprint samples to be submitted for a criminal history records check to be conducted by the Tennessee bureau of investigation or the federal bureau of investigation; or
(B)
Release information for a criminal background investigation by a state licensed private investigation company.
(c)
(1)
The organization shall check past work and personal references prior to employment of applicants. At a minimum the organization shall communicate directly with the most recent employer and each employer identified by the applicant as having employed the applicant for more than six (6) months in the past five (5) years. The organization shall communicate directly with at least two (2) of the personal references identified by the applicant.
(2)
[Deleted by 2024 amendment]
(3)
The organization shall check the registry maintained by the department of health pursuant to §
68-11-1001
prior to employment of applicants or their use as a volunteer in the organization. No individual who is listed on the registry may be hired or otherwise permitted to provide services in the organization.
(d)
Any cost incurred by the Tennessee bureau of investigation, the federal bureau of investigation, or a state licensed private investigation company shall be paid by the organization requesting the investigation and information. If the background check is conducted by the Tennessee bureau of investigation or the federal bureau of investigation, the payment of the costs shall be made in the amounts established by §
38-6-103
.
(e)
[Deleted by 2024 amendment]
(f)
[Deleted by 2024 amendment]
Amended by 2024 Tenn. Acts, ch. 688,s 54, eff. 7/1/2024.
Amended by 2017 Tenn. Acts, ch. 427, s 2, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1044, Secs.s 9, s 10 eff. 4/28/2016.
Amended by 2014 Tenn. Acts, ch. 668, s 3, eff. 4/14/2014.
Acts 1996, ch. 993, § 1; 1997 , ch. 305, § 1; 1999, ch. 466, § 1; T.C.A., § 33-1-209(c); Acts 2000, ch. 981, § 53; 2000, ch. 947, § 1; 2010 , ch. 1084, §§ 3, 4; 2011 , ch. 165, §§ 1, 2.