Criminal record checks shall be conducted periodically as follows:

1. (1)

   1. (A) The requirement for a criminal record check for an operator shall apply to the first application signed by an operator and shall be required to undergo periodic criminal record checks no less than one (1) time every five (5) years.
   2. (B) Upon the yearly licensure renewal of a long-term care facility, the operator signing the renewal application shall not be subject to a criminal record check unless the operator has not had an initial criminal record check or a periodic criminal record check conducted within the previous five (5) years as required by this part; and

2. (2)

   1. (A) Periodic criminal record checks shall be performed on all applicable employees on an ongoing basis.
   2. (B) Each long-term care facility shall implement a schedule to conduct criminal record checks on applicable employees so that no applicable employee exceeds five (5) years without a new criminal record check.