1. 1. Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall:

   1. (a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in NRS 449B.440;
   2. (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);
   3. (c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;
   4. (d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
   5. (e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in NRS 449B.440; and

   6. (f) If an Internet website has been established pursuant to NRS 439.942:

      1. (1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division.
      2. (2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.
2. 2. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449B.440.

3. 3. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:

   1. (a) The employee, employee of the temporary employment service or independent contractor agrees to allow the administrator of, or the person licensed to operate, an agency to provide personal care services in the home to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in NRS 449B.440;
   2. (b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
   3. (c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449B.440.

4. 4. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at the agency:

   1. (a) Except as otherwise provided in subsection 2, is completed as soon as practicable; and
   2. (b) At least once every 5 years after the date of the initial investigation.

5. 5. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall, when required:

   1. (a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;
   2. (b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
   3. (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.
6. 6. Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in NRS 449B.440 and immediately inform the Division and the administrator of, or the person licensed to operate, the agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home at which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.
7. 7. The Central Repository for Nevada Records of Criminal History may impose a fee upon an agency that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the agency requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The agency may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. An agency shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services at the agency based upon the results of an investigation conducted pursuant to this section.
8. 8. Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in NRS 449B.440, is guilty of a misdemeanor.

(Added to NRS by 2025, 930)