(Eff. 3/26/26)

1. A. Except as provided in subsection E or F of this section, as a condition of licensure or continued licensure of a sober living home that receives referrals pursuant to section 36-2065, subsection A or C, the licensee and each paid staff member of a sober living home shall have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days after beginning employment or contracted work.
2. B. A licensee shall make a documented, good faith effort to verify the current status of each paid staff member's fingerprint clearance card.
3. C. The licensee or the paid staff member, or the licensee on behalf of the paid staff member, shall submit a completed application that is provided by the department of public safety within twenty days after the date the person begins employment or contracted work.
4. D. Except as provided in subsection E or F of this section, a sober living home shall not allow a paid staff member to continue employment or contracted work if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1 or has had a fingerprint clearance card suspended or revoked.
5. E. The licensee or the paid staff member of a sober living home who is eligible pursuant to section 41-1758.07, subsection C to petition the board of fingerprinting for a good cause exception and who provides documentation of having applied for a good cause exception pursuant to section 41-619.55 but who has not yet received a decision is exempt from the fingerprinting requirements of this section until a decision is made.

6. F. A sober living home may employ or continue to employ a paid staff member who is denied a fingerprint clearance card if the paid staff member does both of the following:

   1. 1. Successfully completes treatment for substance use or, if applicable, recidivism reduction as prescribed by rule.
   2. 2. Passes a background and screening evaluation conducted by the sober living home that demonstrates that the individual is not a threat to the health or safety of the residents of the sober living home. A background and screening evaluation includes prior employment or personal reference checks.

7. G. For the purposes of this section:

   1. 1. "Licensee" means the individual or business organization to which the department has issued a license to operate a sober living home.
   2. 2. "Monetary compensation" means salary or wages.

   3. 3. "Paid staff member":

      1. (a) Means an employee who provides monitoring, supervision or assistance or other services to residents at a sober living home and who receives monetary compensation from the sober living home.
      2. (b) Includes a person who provides janitorial, maintenance, housekeeping or transportation services, whether as a contractor or employee of the sober living home.
      3. (c) Does not include a resident of the sober living home unless the resident receives monetary compensation to provide monitoring, supervision or assistance or other services to the residents of the sober living home.