As used in this part, the following definitions shall apply unless the policy clearly states otherwise:

1. (1) “Bureau” means the Identification Bureau of the Division of Arkansas State Police;
2. (2) “Care” means the treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly;
3. (3) “Determination” means the determination made by the licensing 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, any other operating authority, or employment based on the criminal history of the service provider, operator, applicant, or employee;
4. (4) “Elderly” means persons sixty-five (65) years of age or older;

5. (5)

   1. (A) “Employee” means a person who:

      1. (i) Has unsupervised access to residents (clients) of a service provider except as provided in subdivision (5)(B) of this section;
      2. (ii) Provides care to residents (clients) of a service provider on behalf of, under supervision of, or by arrangement with the service provider;
      3. (iii) Is employed by a service provider to provide care to residents (clients) of the service provider;
      4. (iv) Is a temporary employee placed by an employment agency with a service provider to provide care to residents (clients) of the service provider; or
      5. (v) 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 resident (client) receiving care from a service provider;
      2. (ii) Is a volunteer; or
      3. (iii) Works in an administrative capacity and does not have direct access to residents (clients) of a service provider;

6. (6)

   1. (A) “Employment clearance registry (ECR)” means a database system maintained by the Office of Long-Term Care of previously conducted criminal record checks that result in the employment disqualification of an individual.
   2. (B) This database also contains employment disqualification information on individuals based on substantiated administrative findings of patient abuse, neglect, or theft against employees of long-term care facilities;

7. (7) “Individuals with disabilities” means persons with a mental or physical impairment who require assistance to perform one (1) or more of the following tasks of daily living:

   1. (A) Feeding;
   2. (B) Mobility;
   3. (C) Toileting; or
   4. (D) Medication;
8. (8) “Licensing agency” means the state agency (Department of Human Services/Division of Provider Services and Quality Assurance/Office of Long-Term Care) charged with licensing, exemption from licensure, or granting other operating authority to a service provider;
9. (9) “National criminal history check” means a review of national criminal records based on fingerprint identification or other positive identification methods;
10. (10) “Operator” means a person responsible for signing an application for an initial or renewal license to operate as a service provider;
11. (11) “Report” means a statement of the criminal history of an applicant, employee, or operator issued by the Identification Bureau of the Division of Arkansas State Police;

12. (12)

    1. (A) “Service provider” means a long-term care facility as defined by Arkansas Code § 20-10-101 or § 20-10-702, "…a nursing home, residential care facility, assisted living facility, post-acute head injury retraining and residential care facility, or any other facility which provides long-term medical or personal care".

    2. (B)

       1. (i) Note. Additional service providers covered by Arkansas Code § 20-38-101 et seq. (formerly Arkansas Code § 20-33-201 et seq.) include home health agencies and hospice providers.
       2. (ii) These service providers shall perform their criminal record checks through their licensing agency, the Division of Health Facility Services of the Department of Health.

    3. (C)

       1. (i) Also covered are individuals or entities that provide services designated as Elderchoices providers.
       2. (ii) These service providers shall perform their criminal record checks through the Division of Aging Adult and Behavioral Health Services of the Department of Human Services.
    4. (D) Note. Prior to September 1, 2009, the term “qualified entity” was the same term and definition as “service provider”; and
13. (13) “State criminal history check” means a review of state criminal records conducted by the Identification Bureau of the Division of Arkansas State Police.