2023 Tennessee Code › Title 52 - DEPARTMENT OF DISABILITY AND AGING (§§ 52-1-101 — 52-8-210) › Chapter 2 - SERVICES AND FACILITIES (§§ 52-2-101 — 52-2-1104) › Part 10 - PERSONNEL AND VOLUNTEERS (§§ 52-2-1001 — 52-2-1003) › Section 52-2-1002 - Background checks

(a)
Each facility or entity providing a service licensed under this title, each area agency on aging, and each facility or entity that is a contractor, grantee, or subcontractor with the state or the state's agents for services provided by the department's division of the commission on aging and disability shall have a criminal background check completed on any employee, subcontractor, or volunteer who is in a position that involves providing direct contact with or direct responsibility for persons supported. The background check must be completed before allowing the person to have any direct contact with or direct responsibility for persons supported.
(b)
For purposes of this section:
(1)
An employee, subcontractor, or volunteer is considered to be in a position that involves "direct contact" with a person supported if the employee, subcontractor, or volunteer is supporting the person in the performance of personal care duties or assistance with activities of daily living for the person receiving services; and
(2)
An employee, subcontractor, or volunteer is considered to be in a position that involves "direct responsibility" for a person supported if the employee, subcontractor, or volunteer either has responsibility for the person receiving services or supervisory authority for staff having direct contact with a person receiving services.
(c)
Persons applying for employment shall:
(1)
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
(2)
Release information for a criminal background investigation by a state-licensed private investigation company.
(d)
(1)
The facility or entity, at a minimum, shall attempt to communicate directly with the most recent employer.
(2)
Subsections (a) and (e) do not apply to facilities or entities that contract with the state or its agents for residential services, day services, or supported employment services, and such facilities or entities shall. comply with subsection (f).
(3)
The organization shall check the registry maintained by the health facilities commission pursuant to§ 68-11-1001 prior to employment of applicants or their use as a volunteer in the organization. An individual who is listed on the registry must riot be hired or otherwise permitted to provide services in the organization.
(e)
Any cost incurred by the Tennessee bureau of investigation, the federal bureau of investigation, or a state-licensed private investigation company must 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, then the payment of the costs must be made in the amounts established by § 38-6-103.
(f)
(1)
Notwithstanding subsection (b), only with respect to facilities or entities that contract with the state or its agents for residential services, day services, or supported employment services, each such facility or entity shall have a criminal background check completed prior to employing any person who is in a position that involves providing direct care to a person supported. If a current employee of such facility or entity has a change of responsibilities that includes direct contact with, or direct responsibility for a person supported, then the facility or entity must have a criminal background check completed prior to such change. The facility or entity shall inform the employee that it will conduct a background check. The employee shall:
(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.
(2)
A facility or entity that contracts with the state or its agent for residential services, day services, or supported employment services shall communicate directly with the most recent employer. Prior to employment, the facility or entity shall submit the information required to be provided by this subsection (f) to the entity that will conduct the criminal background check.
(3)
A facility or entity that contracts with the state or its agent shall check the registry maintained by the health facilities commission, pursuant to § 68-11-1001, prior to employment of applicants or their use as volunteers in the organization. An individual who is listed on the registry must not be hired or otherwise permitted to provide services in the organization.
Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.