(a) Nursing assistant trainees shall be subject to a criminal record check under the following provisions:

1. (1)

   1. (A) Prior to a nursing home placing a person in a facility-based nursing assistant training program or sponsoring a person in a nonfacility-based training program, the facility shall conduct a criminal record check on the person.
   2. (B) This is based on the requirement that a job offer has been made to the person to be an employee of the facility, or an on-call employee of the facility and sponsored through an intent to employ by the nursing home; and
2. (2) Nursing assistants who have received training as an independent student and not connected to an employment offer as discussed in subdivision (a)(1) of this section will be subject to a criminal record check at the time an employment offer has been made by any type of long-term care facility.

(b)

1. (1)

   1. (A) Note. The above requirements do not apply to independent (nonemployment status) trainees performing clinical training in a long-term care facility.
   2. (B) Clinical training does not involve the provision of “care” as that term is defined herein.

2. (2)

   1. (A) Trainees, independent of an employment connection to a facility, are not required to have a criminal record check.
   2. (B) However, nursing assistant trainees who are employed while still in training and used in staffing by a facility to provide care are subject to a criminal record check.