20 CAR § 42-103 – Evidence of criminal history records checks

(a) Home health and hospice agencies. All home health and hospice agencies must maintain evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of the service provider.
(b) Private care agencies.
1. (1) Private care agencies must be certified as Elder Choices providers by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services in order to obtain Arkansas licensure.
2. (2) Private care agencies must therefore maintain evidence that criminal history records checks have been completed on all:
  1. (A) Operators;
  2. (B) Applicants for employment; and
  3. (C) Employees.
3. (3) Elder Choices providers are also subject to Department of Human Services certification requirements for registry records checks.
(c) A service provider shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, or the licensing or certifying agency evidence that criminal history records checks have been completed on all operators, applicants for employment, and employees of the service provider.
(d) Each home health or hospice agency must have safeguards to ensure the confidentiality of criminal history check records maintained.