1. (a)

   1. (1) The Office of Long-Term Care shall maintain an online employment clearance registry database (ECR) of previously conducted criminal record checks on applicants of long-term care facilities that resulted in an employment disqualification determination.

   2. (2) The online ECR shall also contain certification information for nursing assistants, plus administrative findings of abuse/neglect/theft and employment restriction information for:

      1. (A) Nursing assistants;
      2. (B) Various employees; and
      3. (C) Job applicants.

2. (b)

   1. (1) The online ECR system shall be available for inquiries by computer access to an online website system.
   2. (2) The URL address to the online website system shall be issued by the office, or its designated agent, and may be subject to change.
   3. (3) If needed, facilities should contact the office for the latest contact information for the system.

3. (c)

   1. (1) The online ECR system shall be available twenty-four (24) hours per day, seven (7) days per week (except for scheduled maintenance or at times of technical problems).
   2. (2) Past disqualification determinations shall be entered onto the online ECR system by the person's name and social security number.

4. (d) The process to check the ECR shall be as follows:

   1. (1) At the time the facility intends to make an offer of employment to an applicant and prior to submitting any forms for a criminal record check, the facility shall contact the ECR online;
   2. (2) The facility shall enter their four-digit "Registry Identification Number" assigned to all facilities by the office;

   3. (3)

      1. (A) The facility shall search by either the applicant’s SSN and date of birth or the CNA certification number and date of birth.
      2. (B)

5. (i) Name searches are possible on the online system but accuracy is not ensured.

   1. (ii) Name searches may also be obtained by calling the office.

      1. (iii) Please note, however, that name searches do not generate a verification log of the clearance.

         1. (iv) Therefore, facilities shall avoid the use of name searches when the need for documentation and accuracy of the registry check is required;

   2. (4)

      1. (A) If no disqualification record exists in the online ECR system, the display screen shall respond as follows:

         1. (i) For non-nursing assistants, “Inquiry Status - Not Found”; or
         2. (ii) For nursing assistants, “Inquiry Status - Found” and shall display the individual’s certification status and indicate in another field that the individual does not have any employment restrictions.

      2. (B)

         1. (i) The online ECR system shall also provide the inquiring facility the ability to print a report of the search results.
         2. (ii) Facilities shall be required to print the registry clearance report document and maintain this report in the applicant’s or employee’s file.

      3. (C)

         1. (i) The statements quoted above mean that there have not been previous employment restrictions listed for that person.
         2. (ii) See 20 CAR §§ 404-303 – 404-306 for further process instructions if no employment restriction was listed;

   3. (5)

      1. (A) For the online ECR system, if a disqualification record does exist, for either nursing assistants or other employee positions, the system shall display “Inquiry Status – Found” and display on screen the results showing the employment restriction and direct the inquiring facility to contact the office for further details.

      2. (B) Facilities shall be required to:

         1. (i) Print the registry report document; and
         2. (ii) Maintain this report in the applicant’s or employee’s file; and

   4. (6)

      1. (A) Applicants with past disqualification determinations are ineligible for further employment unless a waiver has been granted.
      2. (B) The facility has no further actions to make if the applicant has been previously disqualified for employment and has not been granted a waiver.
      3. (C) If employment is offered to a person who has been granted a waiver, the facility shall conduct or have evidence of a current criminal record check in the same manner as if hiring a person who has no previous criminal history (see 20 CAR §§ 404-303 – 404-306).

      4. (D)

         1. (i) Note. Waivers, as discussed in this context, shall include only those waivers granted from October 1, 1997 through October 1, 2001.
         2. (ii) Effective October 1, 2001, waivers and the waiver process described in 20 CAR § 404-601 et seq. are not available.

Codification Notes: "URL" means uniform resource locator. "SSN" means social security number. "CNA" means certified nursing assistants.