(B) For purposes of this article:

1. (1) "Direct care entity" means:

   1. (a) a nursing home, as defined in Section 44-7-130;
   2. (b) a daycare facility for adults, as defined in Section 44-7-130;
   3. (c) a home health agency, as defined in Section 44-69-20;
   4. (d) a community residential care facility, as defined in Section 44-7-130;

2. (2) "Direct caregiver" or "caregiver" means:

   1. (a) a registered nurse, licensed practical nurse, or certified nurse assistant;
   2. (b) any other licensed professional employed by or contracting with a direct care entity who provides to patients or clients direct care or services and includes, but is not limited to, a physical, speech, occupational, or respiratory care therapist;
   3. (c) a person who is not licensed but provides physical assistance or care to a patient or client served by a direct care entity;
   4. (d) a person employed by or under contract with a direct care entity who works within any building housing patients or clients;
   5. (e) a person employed by or under contract with by a direct care entity whose duties include the possibility of patient or client contact; or
   6. (f) a faculty member or student enrolled in an educational program, including clinical study in a direct care entity.

(C)

1. (1) A direct caregiver applicant shall provide verification of residency for the twelve months preceding the date of the employment application. The direct care entity shall conduct a state criminal record check if the applicant has resided in South Carolina during that twelve-month period and can verify residency through:

   1. (a) a driver's license or identification card issued by the State of South Carolina;
   2. (b) rent, mortgage, or utility receipts in the applicant's name for a home within South Carolina;
   3. (c) pay stubs in the applicant's name from a business located in South Carolina; or
   4. (d) bank records in the applicant's name showing a deposit or checking account held in a South Carolina branch office of a bank.
2. (2) A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a federal criminal record check on the applicant in addition to the state criminal record check. However, if the direct care entity is located in a county of this State that borders either North Carolina or Georgia and the direct care applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of the employment application through the same means enumerated in (C)(1)(a) through (d), the direct care entity shall conduct only a state criminal record check in the applicant's resident state.