Rule 111-8-12-.06. Employment Prohibition; Grace Period; Personnel Files; Notice

1. (1) Except for the Grace Period described in paragraph (3) below, an individual required to submit to a registry check and criminal background check shall not be employed by, contracted with, or allowed to work as an employee at a facility, or to serve as an administrator, onsite manager or director of the facility, if:

   1. (a) The individual appears on a registry check;
   2. (b) There is a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with 42 U.S.C. Section 1395i-3 or 1396r as it existed on February 1, 2018;
   3. (c) The individual's professional license, if applicable, is not in good standing; or
   4. (d) The facility receives notice from the department that the individual has been found to have an unsatisfactory determination as a result of a criminal background check.
2. (2) An individual whose professional license is not in good standing may be employed by a facility in a position wherein his or her duties do not require professional licensure, so long as he or she has a satisfactory determination.

3. (3) Grace Period

   1. (a) During pending criminal background checks. While a criminal background check is pending, the facility may permit an individual to have direct access to residents for a period not to exceed 30 days, provided that the individual is under the direct supervision of a staff member who has a satisfactory determination or otherwise meets the requirements of these rules.

      At the end of 30 days, if no background check determination has been issued by the department and the individual is working at the facility, the facility shall ensure that the individual does not have direct access to residents. The 30-day grace period shall not apply to placement of an administrator, onsite manager or director; the facility shall not appoint any individual to serve as an administrator, onsite manager or director while the background check for that individual is pending. In order for facilities subject to federal regulations that require background screening before employment to utilize the 30-day grace period, the facility first must obtain a GCIC state criminal history record check comparison of data with information other than fingerprints in order to verify that the individual has not been found guilty of abuse, neglect, exploitation, misappropriation of property, or mistreatment by a court of law.

   2. (b) During administrative appeals. Unless prohibited under federal regulations, the facility may retain a current director, administrator, onsite manager or employee who has an unsatisfactory determination during the period of his or her administrative appeal.
4. (4) Personnel file. A personnel file for each employee shall be maintained by the facility. Such files shall be available for inspection by the department but shall otherwise be maintained to protect the confidentiality of the information contained therein and shall include, but not be limited to, evidence of each employee's satisfactory determination, registry check, and licensure check, if applicable.
5. (5) Notice to applicants. Each application form provided by a facility to an applicant for employment shall conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT."

Authority: O.C.G.A. §§ 31-7-354; 31-7-355, 31-7-357.

History. Original Rule entitled "Employment Prohibition; Grace Period; Personnel Files; Notice" adopted. F. Aug. 14, 2019; eff. Sept. 3, 2019.