31-7-354. Consent to background checks; certain results of background check barring employment; rights of owner, applicant, or employee.

An applicant seeking employment with a facility or a current employee at such facility shall consent to a national and state background check that includes a registry check, a check of information maintained by a professional licensing board, if applicable, and a criminal background check.#

1. (1)

   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 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.#

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, provided that he or she provides a fingerprint record check determination in the same manner as an applicant.#

An owner, applicant, or employee may:#

1. (1)

   Obtain information concerning the accuracy of his or her criminal record, and the department shall refer such individual to the appropriate state or federal law enforcement agency that was involved in the arrest or conviction;#

2. (2)

   Challenge the finding that he or she is the true subject of the results from a registry check, and the department shall refer such individual to the agency responsible for maintaining such registry; and#

3. (3)

   Appeal his or her disqualifying unsatisfactory determination pursuant to Code Section 31-7-358.#