As used in this part:

1. (1) “Bureau” means the Identification Bureau of the Division of Arkansas State Police;
2. (2) “Care” means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly;
3. (3) “Department” means the Department of Health;

4. (4) “Determination” means the determination made by the licensing or certifying agency that a service provider, operator, applicant for employment with, or employee of a service provider is or is not disqualified from licensure, exemption from licensure, certification, any other operating authority, or employment based on the criminal history of the:

   1. (A) Service provider;
   2. (B) Operator;
   3. (C) Applicant; or
   4. (D) Employee;

5. (5)

   1. (A) “Employee” means any person who has unsupervised access to clients of a service provider except as provided in subdivision (5)(B) of this section, below, and:

      1. (i) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider;
      2. (ii) Is employed by a service provider to provide care to clients of the service provider;
      3. (iii) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or
      4. (iv) Resides in an alternative living home in which services are provided to individuals with developmental disabilities.

   2. (B) “Employee” does not include a person who:

      1. (i) Is a family member of a client receiving care from a service provider;
      2. (ii) Is a volunteer; or
      3. (iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider;
6. (6) “HFS” means the Division of Health Facility Services of the Department of Health;
7. (7) “Home health agency” means a service as defined by Arkansas Code § 20-10-801 et seq., whether or not the agency has applied for or possesses any license necessary for operation;
8. (8) “Hospice agency” means a service as defined by Arkansas Code § 20-7-117 whether or not the agency has applied for or possesses a license;
9. (9) “Index” means the database, maintained by the Identification Bureau of the Division of Arkansas State Police, of criminal records checks that have been conducted on applicants for employment with and employees of home health or hospice agencies;
10. (10) “Licensing or certifying agency” means the state agency charged with licensing, exempting from licensure, certifying, or granting other operating authority to a service provider;
11. (11) “National criminal history records check” means a review of national criminal records maintained by the Federal Bureau of Investigation based on fingerprint identification or other positive identification methods;

12. (12) “Operator” means the person signing the application of:

    1. (A) A service provider for licensure;
    2. (B) An exemption from licensure;
    3. (C) A certification; or
    4. (D) Any other operating authority;
13. (13) “Private care agency” means a service as defined in Arkansas Code § 20-10-2201 et seq., whether or not the agency has applied for or possesses a license;
14. (14) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person’s suitability for licensure, certification, exemption from licensure, or any other operating authority to be a service provider or for employment with a service provider to provide care;
15. (15) “Report” means a statement of the criminal history of a service provider, operator, applicant for employment with, or employee of, a service provider issued by the Identification Bureau of the Division of Arkansas State Police;

16. (16) “Service provider” means any of the following:

    1. (A) An Alternative Community Services Waiver Program provider certified by the Division of Developmental Disabilities Services of the Department of Human Services;
    2. (B) A childcare facility as defined by Arkansas Code § 20-78-202;
    3. (C) A church-exempt childcare facility as recognized under Arkansas Code § 20-78-209;
    4. (D) An early intervention program provider certified by the Division of Developmental Disabilities Services of the Department of Human Services;
    5. (E) An Elder Choices provider certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
    6. (F) A home healthcare service under § 20-10-801;
    7. (G) A hospice program under § 20-7-117;
    8. (H) A long-term care facility as defined by § 20-10-702; or
    9. (I) A nonprofit community program as defined by § 20-48-101; and
17. (17) “State criminal history records check” means a review of state criminal records conducted by the Identification Bureau of the Division of Arkansas State Police.