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.
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