4704.1 Each facility shall maintain, in the personnel record of each employee covered by these rules, the following:

1. (a) The date of hire;
2. (b) The date on which a criminal background check was requested;
3. (c) The date on which the results of the criminal background check were received by the facility;
4. (d) Official documentation of the criminal background check results;
5. (e) Documentation of a check of the District of Columbia Nurse Aide Abuse Registry;
6. (f) Any sworn statements submitted by the employee; and
7. (g) Documentation of any actions taken by the facility as a result of information obtained from the criminal background check.

4704.2 A facility shall not disclose criminal background check records obtained for the purpose of hiring or continuing to employ a person, except:

1. (a) To the Director or his or her designee during an official inspection or investigation of the facility;
2. (b) To the person who is the subject of the criminal background check;
3. (c) To comply with a court order; or
4. (d) To any person, with the written consent and authorization of the person who is the subject of the criminal background check.

4704.3 Recordkeeping and disclosure of information maintained on the District of Columbia Nurse Aide Abuse Registry shall be managed by each facility in accordance with rules on Certified Nurse Aides, 29 DCMR 3250-3254, effective April 5, 1991 (38 DCR 2023).

4704.4 Each facility shall maintain the criminal background records required by subsection 4704.1 in the facility for at least one (1) year after the end of the employment of the person to whom the records relate.

SOURCE: Final Rulemaking published at 48 DCR 294 (January 12, 2001); Final Rulemaking published at 49 DCR 6835 (July 19, 2002).