20 CAR § 42-106 – Applicants, employees, and temporary employees

(a) Each home health or hospice applicant or employee must complete a state criminal history check unless the applicant or employee is licensed as a professional as described in 20 CAR § 42-111.
(b)
1. (1) A federal criminal history check must also be completed if the applicant or employee has not continuously lived in the State of Arkansas for the past five (5) years.
2. (2) The home health or hospice agency will be responsible for verification of this information.
3. (3) Examples of evidence that can be used to verify the above may include, but is not limited to, employment records, payroll check stubs, tax records, rent/house payment records, utility bills, school records, etc.
(c) Temporary employees. If a service provider uses temporary employees to provide care, the service provider shall:
1. (1) Use a contract to detail the requirements for placing temporary employees with the service provider; and
2. (2) Ensure that the contract pertaining to the service provider’s use of temporary employees requires the entity providing the temporary employees to comply with the following terms:
  1. (A) The entity is responsible for conducting a criminal history records check on each temporary employee under Arkansas Code § 20-38-101 et seq., before the placement of the temporary employee with the service provider; and
  2. (B) The entity shall:
(i) Maintain all documentation regarding criminal history records checks for each temporary employee placed with a service provider; and
1. (ii) Provide copies of the documentation to the service provider, which shall be made available to the appropriate licensing or certifying agency upon request.
  1. (d) A service provider shall:
2. (1) Inform employees that continued employment is contingent on the satisfactory results of criminal history records checks; and
3. (2) Conduct periodic criminal history records checks on all employees no fewer than one (1) time every five (5) years.
(e) If the licensing or certifying agency determines that an applicant or employee is disqualified from employment based on the criminal history of the applicant or employee, the service provider shall:
1. (1) Deny employment to the applicant; or
2. (2) Terminate the employment of the employee.
(f) If the licensing or certifying agency issues a determination that an applicant or employee is not disqualified from employment or if there is no criminal history on an applicant or employee, the service provider may employ the applicant or continue the employment of the employee.