36-411. Residential care institutions; home
health agencies; fingerprinting; definitions
A. Subject to legislative appropriations, as a condition of licensure or continued
licensure of a residential care institution, a nursing care institution or a home health
agency and as a condition of employment in a residential care institution, a nursing care
institution or a home health agency, employees and owners of residential care
institutions, nursing care institutions or home health agencies or contracted persons who
provide direct care, home health services or supportive services and who have not been
subject to the fingerprinting requirements of a health professional's regulatory board
pursuant to title 32 shall have valid fingerprint clearance cards that are issued
pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance
card within twenty working days of employment or beginning volunteer work except as
provided in subsections F, G and H of this section.
B. A health professional who has complied with the fingerprinting requirements of
the health professional's regulatory board as a condition of licensure or certification
pursuant to title 32 is not required to submit an additional set of fingerprints to the
department of public safety pursuant to this section.
C. Owners shall make documented, good faith efforts to:
1. Contact previous employers to obtain information or recommendations that may be
relevant to a person's fitness to work in a residential care institution, nursing care
institution or home health agency.
2. Verify the current status of a person's fingerprint clearance card.
D. An employee, an owner or a contracted person or a facility on behalf of the
employee, the owner or the contracted person shall submit a completed application that is
provided by the department of public safety within twenty days after the date the person
begins work.
E. A residential care institution, nursing care institution or home health agency
shall not allow a person or contracted person to continue to provide direct care, home
health services or supportive services if the person has been denied a fingerprint
clearance card pursuant to title 41, chapter 12, article 3.1, has been denied approval
pursuant to this section before May 7, 2001 or has not received an interim approval from
the board of fingerprinting pursuant to section 41-619.55, subsection I.
F. Volunteers who provide services to residents under the direct visual supervision
of a previously screened owner or employee are exempt from the fingerprint clearance card
requirements of this section.
G. Notwithstanding the requirements of section 41-1758.02, subsection B, a person
who provides direct care, home health services or supportive services for a residential
care institution, home health agency or nursing care institution after meeting the
fingerprinting and criminal records check requirements of this section is not required to
meet the fingerprint and criminal records check requirements of this section again if
that person remains employed by the same employer or changes employment within two years
after satisfying the requirements of this section. For the purposes of this subsection,
If the employer changes through sale, lease or operation of law, a person is deemed to be
employed by the same employer if that person remains employed by the new employer.
H. Notwithstanding the requirements of section 41-1758.02, subsection B, a person
who has received approval pursuant to this section before May 7, 2001 and who remains
employed by the same employer is not required to apply for a fingerprint clearance card.
I. If a person's employment record contains a six-month or longer time frame where
the person was not employed by any employer, a completed application with a new set of
fingerprints shall be submitted to the department of public safety.
J. For the purposes of this section:
1. "Home health services" has the same meaning prescribed in section 36-151.
2. "Supportive services" has the same meaning prescribed in section 36-151.
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