(b) The process to implement this provision is as follows:

1. (1) When a long-term care facility determines the need to utilize a private placement agency, contract staffing agency, or contract for care provided by an outside vendor, the long-term care facility shall notify such agency/vendor to contact the Office of Long-Term Care for inclusion in the process to conduct criminal record checks as specified in this part;
2. (2) Upon contact by a private placement agency or contract agency/vendor as defined above, the office shall issue the necessary packet containing the rules, forms, and numerical code to the agency/vendor to conduct criminal record checks in accordance with this part;

3. (3)

   1. (A) The private placement agency or contract agency/vendor shall initiate criminal record checks on applicable employees as prescribed in 20 CAR § 404-301 et seq.
   2. (B) The office shall issue the “determination letter” to the agency/vendor;

4. (4)

   1. (A) Upon the assignment of a person to work in a long-term care facility, the long-term care facility must obtain a copy of the person’s determination letter from the private placement agency or contract agency/vendor to verify compliance with this provision prior to the placement to work in the facility.
   2. (B) Note. Pursuant to federal regulations, prior to placement to work with or access to residents, a long-term care facility shall be responsible for conducting the “Registry” clearance on certified nursing assistants as described in 20 CAR § 404-302 and maintain verifying documentation of such clearance at the facility; and

5. (5)

   1. (A) Criminal record checks on persons assigned from private placement agencies or contract agencies/vendors must comply with the twelve-month time limit provision specified in 20 CAR § 404-501.
   2. (B) These persons are not eligible for the periodic record check provisions in 20 CAR § 404-202(2) and shall be subject to yearly criminal record checks.
   3. (C) Each long-term care facility must establish a procedure for periodically reviewing, at least annually, documentation provided pursuant to subdivision (b)(4) of this section.