Beginning October 1, 2010, a facility or health care provider subject to the licensing provisions of section 1203?A, prior to hiring an individual who will work in direct contact with a consumer or who has direct access to a consumer’s property, personally identifiable information, financial information or resources, shall obtain a comprehensive background check in accordance with applicable federal and state laws. The comprehensive background check must include, at a minimum, criminal history record information from the Department of Public Safety, State Bureau of Identification. A facility or provider licensed under section 1203?A is subject to the employment restrictions set out in Title 22, section 1812?G and other applicable federal and state laws when employing direct access personnel, as defined in Title 22, section 1717, subsection 1, paragraph A?2. The facility or health care provider shall pay for the criminal background check required by this section. [PL 2015, c. 494, Pt. A, §38 (RPR).]

The department may adopt rules necessary to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A. [RR 2009, c. 2, §94 (RAL).]