Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 19 - Aging and Adult Services › Rule 016.19.18-001 - Criminal Records Check, Office of Long Term Care

Current through Register Vol. 49, No. 6, June, 2024
RULES AND REGULATIONS FOR CONDUCTING CRIMINAL RECORD CHECKS FOR
				EMPLOYEES OF LONG TERM CARE FACILITIES
303 If, after checking the online ECR system
			 maintained by the Office of Long Term Care, there was no previous
			 disqualification determination listed on the applicant, the facility shall
			 perform an on-line state criminal record check on the applicant before the
			 facility offers the applicant employment, using the procedures required by the
			 Arkansas State Police/Identification Bureau.
304 If the facility cannot verify that the
			 applicant has lived continuously in the state for the past five (5) years, the
			 facility shall also perform a national criminal history records check on the
			 applicant. The facility shall provide the applicant with form DMS-736, a
			 pre-printed Fingerprint Card provided by the Office of Long Term Care, a form
			 FBM DHS Verification, and pre-printed envelope provided by the Office of Long
			 Term Care. The facility may assist the applicant with the completion of the
			 documents. The applicant shall take the documents to law enforcement and
			 request that law enforcement complete the finger print process, the Fingerprint
			 Card, and the Verification Form. Law enforcement shall then place those items,
			 along with the DMS-736, into the pre-printed envelope and seal the envelope.
			 The applicant shall return the sealed envelope to the facility. The facility
			 shall place the sealed envelope from the applicant into a second preprinted
			 envelope provided by the Office of Long Term Care along with any
			 checks/payments/fees. The facility shall seal the second envelope and shall
			 return it to the Office of Long Term Care.
NOTE:
A national criminal history records check
				shall not be performed on any individual whom the facility can verify has lived
				continuously in the state for the past five (5) years or who provides care to
				residents of a service provider subject to a professional license. See Section
				502 for the complete list of excluded professions.
If a facility desires
				to perform a national criminal history records check on an individual who has
				lived continuously in the state for the past five (5) years or who provides
				care to residents of a service provider subject to a professional license, the
				facility shall use form ASP-122.
305 After employment clearance is obtained
			 from the online ECR system maintained by the Office of Long Term Care and the
			 person has not listed prior criminal convictions on the DMS-736 form, a
			 facility may make an offer
of
temporary employment to an applicant
			 or continued employment to an incumbent employee while waiting for the official
			 criminal record check results. Facilities may choose to deny the
			 applicant/employee unsupervised access to a person to whom the facility
			 provides care until the criminal record check and determination of employment
			 status have been completed.
306
			 Upon completion of the criminal record check on an applicant or employee, the
			 Bureau shall issue a report to the Office of Long Term Care or the requesting
			 facility, depending upon the results. The Office of Long Term Care shall
			 determine whether the applicant or employee is disqualified from employment and
			 issue its Letter of Determination to the applicant or employee, and to the
			 facility or requesting entity. The Letter of Determination to the facility or
			 requesting entity shall only state whether the applicant or employee is
			 qualified or disqualified from employment. If the criminal record report issued
			 by the Bureau lists any conviction, of any type or nature, the facility shall
			 be required to remove from unsupervised direct care duties any person who was
			 offered temporary or continued employment until the Office of Long Term Care's
			 Letter of Determination has been received. If the applicant or employee is
			 disqualified from employment the facility shall terminate the employment of the
			 employee or deny employment to the applicant.
Click here
				to view image
Click here
				to view image