Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 25 - Division of Provider Services and Quality Assurance › Rule 016.25.19-012 - Rules for Conducting Criminal Record Checks for Employees of Long Term Care Facilities

Current through Register Vol. 49, No. 6, June, 2024
AUTHORITY
The following rules for the requirement of criminal record
				checks for certain employees of long term care facilities in the State of
				Arkansas are duly adopted and promulgated by the Arkansas Department of Human
				Services, Division of Medical Services, Office of Long Term Care, pursuant to
				the authority expressly conferred by Arkansas Code Ann. § 20-33-201 et
				seq. (Act 990 of 1997, Act 1467 of 1999, Act 1409 of 1999, Act 1710 of 2001,
				Act 1382 of 2003, Act 1393 of 2003 and Act 1087 of 2003, Act 63 of the first
				Extraordinary Session of 2003 and Act 1923 of 2005).
NOTE: Effective September 1, 2009, pursuant to Act 762 of
				2009, Arkansas Code Title 20 was amended to add a new Chapter to read as
				Chapter 38 to consolidate various processes for conducting criminal record
				checks within the Arkansas Department of Human Services for diverse service
				providers. Thereafter, the authority expressed within these rules are conferred
				by Arkansas Code Ann. §
									20-38-101
				et seq. in addition to other authority conferred on the Office of Long Term
				Care by Arkansas law or federal regulation.
TRANSITION: An operator who obtained licensure as a
				service provider or a person who was offered employment or employed by a
				service provider prior to September 1, 2009, who was subject to a criminal
				record check under § 20-33-201 et seq, and has continued to be an operator
				or employed by the service provider who initiated the criminal record check may
				continue to be an operator of, or continue employment with the service provider
				based on the results of the criminal record check process conducted under
				§ 20-33-201 et seq. When the person next undergoes a periodic criminal
				record check, the person's continued operator status or employment with the
				service provider is contingent on the results of a criminal record check under
				§
									20-38-101
				et seq.
If any provisions of these rules, or the application thereof to
				any person or circumstances are held invalid, such invalidity shall not affect
				other provisions or applications which can be given effect without the invalid
				provision or application, and to this end the provisions hereof are declared
				severable.
Individuals and service providers are immune from suit or
				liability for damages for acts or omissions, other than malicious acts or
				omissions, occurring in the performance of duties imposed by ACA §
								20-38-101
				et seq (formerly 20-33-201 et seq).
"The Arkansas Department of Human Services is in compliance
				with Titles VI and VII of the Civil Rights Act and operates, manages and
				delivers services without regard to age, religion, disability, political
				affiliation, veteran status, sex, race, color or natural origin."
If you need this material in a different format, such as large
				print, contact our Americans with Disabilities Act Coordinator at (501)
				682-6880 (voice) or 682-8933 (TDD).
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DEFINITIONS
As used in these rules the following definitions shall apply
				unless the policy clearly states otherwise.
Bureau
- The Identification Bureau of
				the Department of the Arkansas State Police.
Care
- The treatment, services,
				assistance, education, training, instruction or supervision for which the
				service provider is compensated either directly or indirectly.
Determination
- The determination made
				by the licensing agency that a service provider, operator, applicant for
				employment with, or employee of a service provider is or is not disqualified
				from licensure, exemption from licensure, any other operating authority, or
				employment based on the criminal history of the service provider, operator,
				applicant or employee.
Elderly
- Persons aged 65 years or
				older.
Employee
-
1. A person who:
(i) Has unsupervised access to residents
			 (clients) of a service provider except as provided in subsection 2
			 below;
(ii)
(a) Provides care to residents (clients) of a
			 service provider on behalf of, under supervision of, or by arrangement with the
			 service provider; or
(b) Is
			 employed by a service provider to provide care to residents (clients) of the
			 service provider; or
(c) Is a
			 temporary employee placed by an employment agency with a service provider to
			 provide care to residents (clients) of the service provider; or
(d) Resides in an alternative living home in
			 which services are provided to individuals with developmental
			 disabilities.