(1) Except for the
Grace Period described in paragraph (3) below, an individual required to submit
to a registry check and criminal background check shall not be employed by,
contracted with, or allowed to work as an employee at a facility, or to serve
as an administrator, onsite manager or director of the facility, if:
(a) The individual appears on a registry
check;
(b) There is a substantiated
finding of neglect, abuse, or misappropriation of property by a state or
federal agency pursuant to an investigation conducted in accordance with
42 U.S.C. Section
1395i-3 or
1396r as it existed on February 1,
2018;
(c) The individual's
professional license, if applicable, is not in good standing; or
(d) The facility receives notice from the
department that the individual has been found to have an unsatisfactory
determination as a result of a criminal background check.
(2) An individual whose professional license
is not in good standing may be employed by a facility in a position wherein his
or her duties do not require professional licensure, so long as he or she has a
satisfactory determination.
(3)
Grace Period
(a)
During
pending criminal background checks. While a criminal background check is
pending, the facility may permit an individual to have direct access to
residents for a period not to exceed 30 days, provided that the individual is
under the direct supervision of a staff member who has a satisfactory
determination or otherwise meets the requirements of these rules.
At the end of 30 days, if no background check determination
has been issued by the department and the individual is working at the
facility, the facility shall ensure that the individual does not have direct
access to residents. The 30-day grace period shall not apply to placement of an
administrator, onsite manager or director; the facility shall not appoint any
individual to serve as an administrator, onsite manager or director while the
background check for that individual is pending. In order for facilities
subject to federal regulations that require background screening before
employment to utilize the 30-day grace period, the facility first must obtain a
GCIC state criminal history record check comparison of data with information
other than fingerprints in order to verify that the individual has not been
found guilty of abuse, neglect, exploitation, misappropriation of property, or
mistreatment by a court of law.
(b)
During administrative
appeals. Unless prohibited under federal regulations, the facility may
retain a current director, administrator, onsite manager or employee who has an
unsatisfactory determination during the period of his or her administrative
appeal.
(4)
Personnel file. A personnel file for each employee shall be
maintained by the facility. Such files shall be available for inspection by the
department but shall otherwise be maintained to protect the confidentiality of
the information contained therein and shall include, but not be limited to,
evidence of each employee's satisfactory determination, registry check, and
licensure check, if applicable.
(5)
Notice to applicants. Each application form provided by a facility
to an applicant for employment shall conspicuously state the following: "FOR
THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND
CHECK AS A CONDITION OF EMPLOYMENT."
Notes
Ga. Comp. R.
& Regs. R.
111-8-12-.06
O.C.G.A. ยงยง
31-7-354;
31-7-355,
31-7-357.
Original
Rule entitled "Employment Prohibition; Grace Period; Personnel Files; Notice"
adopted. F. Aug. 14, 2019; eff.
Sept. 3,
2019.
