§ 40.1-25.1-3 Criminal records checkrequirement. – (a) Any facility or program licensed by the department pursuant to §40.1-24-1 et seq. and any facility or program operated by the department shallrequire all applicants for employment, if that employment involves routinecontact with patients, residents or clients without the presence of otheremployees, to apply to the bureau of criminal identification of the statepolice or the local police department for a nationwide criminal records check.The check will conform to the applicable federal standards, including thetaking of fingerprints of the applicant.
(b) If any disqualifying information is discovered withrespect to the applicant, the bureau of criminal identification of the statepolice or the local police department will inform the employer, in writing,without disclosing the nature of the disqualifying information, that an item ofdisqualifying nature has been discovered. In addition, the bureau of criminalidentification of the state police or the local police department will informthe applicant, in writing, of the nature of the disqualifying information. Anapplicant against whom disqualifying information has been found may requestthat a copy of the criminal background report be sent to the employer who shallmake a judgment regarding the employment of the applicant.
(c) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification of the state police orthe local police department shall inform both the applicant and the employer ofthis fact.
(d) The employer will maintain on file, subject toinvestigation by the department, evidence that criminal records checks inaccordance with this statute have been initiated on all employees seekingemployment after August 1, 2001 and the results of the checks. Failure tomaintain the evidence on file will be prima facie grounds to revoke the licenseor certification of the operator of any facility or program licensed orcertified by the department.
(e) It shall be the responsibility of the bureau of criminalidentification of the state police or the local police department to conductthe national criminal records check for the applicant.
§ 40.1-25.1-3 Criminal records checkrequirement. – (a) Any facility or program licensed by the department pursuant to §40.1-24-1 et seq. and any facility or program operated by the department shallrequire all applicants for employment, if that employment involves routinecontact with patients, residents or clients without the presence of otheremployees, to apply to the bureau of criminal identification of the statepolice or the local police department for a nationwide criminal records check.The check will conform to the applicable federal standards, including thetaking of fingerprints of the applicant.
(b) If any disqualifying information is discovered withrespect to the applicant, the bureau of criminal identification of the statepolice or the local police department will inform the employer, in writing,without disclosing the nature of the disqualifying information, that an item ofdisqualifying nature has been discovered. In addition, the bureau of criminalidentification of the state police or the local police department will informthe applicant, in writing, of the nature of the disqualifying information. Anapplicant against whom disqualifying information has been found may requestthat a copy of the criminal background report be sent to the employer who shallmake a judgment regarding the employment of the applicant.
(c) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification of the state police orthe local police department shall inform both the applicant and the employer ofthis fact.
(d) The employer will maintain on file, subject toinvestigation by the department, evidence that criminal records checks inaccordance with this statute have been initiated on all employees seekingemployment after August 1, 2001 and the results of the checks. Failure tomaintain the evidence on file will be prima facie grounds to revoke the licenseor certification of the operator of any facility or program licensed orcertified by the department.
(e) It shall be the responsibility of the bureau of criminalidentification of the state police or the local police department to conductthe national criminal records check for the applicant.
§ 40.1-25.1-3 Criminal records checkrequirement. – (a) Any facility or program licensed by the department pursuant to §40.1-24-1 et seq. and any facility or program operated by the department shallrequire all applicants for employment, if that employment involves routinecontact with patients, residents or clients without the presence of otheremployees, to apply to the bureau of criminal identification of the statepolice or the local police department for a nationwide criminal records check.The check will conform to the applicable federal standards, including thetaking of fingerprints of the applicant.
(b) If any disqualifying information is discovered withrespect to the applicant, the bureau of criminal identification of the statepolice or the local police department will inform the employer, in writing,without disclosing the nature of the disqualifying information, that an item ofdisqualifying nature has been discovered. In addition, the bureau of criminalidentification of the state police or the local police department will informthe applicant, in writing, of the nature of the disqualifying information. Anapplicant against whom disqualifying information has been found may requestthat a copy of the criminal background report be sent to the employer who shallmake a judgment regarding the employment of the applicant.
(c) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification of the state police orthe local police department shall inform both the applicant and the employer ofthis fact.
(d) The employer will maintain on file, subject toinvestigation by the department, evidence that criminal records checks inaccordance with this statute have been initiated on all employees seekingemployment after August 1, 2001 and the results of the checks. Failure tomaintain the evidence on file will be prima facie grounds to revoke the licenseor certification of the operator of any facility or program licensed orcertified by the department.
(e) It shall be the responsibility of the bureau of criminalidentification of the state police or the local police department to conductthe national criminal records check for the applicant.
