§11-106-3 - Background checks.

§11-106-3 Background checks.

         (a) All applicants and operators shall:

         (1) Be subject to background checks; and

         (2) Provide consent to the department or its designee to conduct background checks.

         (b) All prospective direct patient access employees and adult volunteers of healthcare facilities and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients shall:

         (1) Be subject to background checks in accordance with this chapter; and

         (2) Provide consent to the department or its designee to conduct background checks.

         (c) The department or its designee shall obtain background check information from an applicant or operator, on the applicant or operator, and on any prospective employees of the applicant or operator including any new employee retained which shall include an annual name inquiry into state criminal history record files.

         (d) The department or its designee shall:

         (1) Provide an applicant with the results of his or her background check; and

         (2) Inform an applicant whether an individual described in subsections (a) and (b) is suitable for employment, to be an operator, volunteering, or residing in the home.

         (e) The applicant or the individual who is the subject of the background check shall be responsible for all fees, whether paid for by the employer or by the applicant or individual, related to processing background checks, including subscribing to the rap back program.

        [Eff FEB 03 2019 ] (Auth: HRS §321-15.2; 378-2.5; 846 2.7) (Imp: HRS §321-11.5; 321-15.2; 378-2.5; 846-2.7)

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