The Department of Public Safety may provide to the following entities the criminal history from the State and National Repositories of Criminal Histories:

(1)        Nursing homes or combination homes licensed under Chapter 131E of the N.C. Gen. Stat..

(2)        Adult care homes licensed under Chapter 131D of the N.C. Gen. Stat..

(3)        Home care agencies licensed under Chapter 131E of the N.C. Gen. Stat..

(4)        Providers licensed under Chapter 122C of the N.C. Gen. Stat., including a contract agency of a provider that is subject to the provisions of Article 4 of that Chapter.

The criminal history shall be provided to nursing homes and home care agencies in accordance with N.C. Gen. Stat. § 131E-265, to adult care homes in accordance with N.C. Gen. Stat. § 131D-40, and to a provider in accordance with N.C. Gen. Stat. § 122C-80 The requesting entity shall provide to the Department of Public Safety, along with the request, the fingerprints of the individual to be checked if a national criminal history record check is required, any additional information required by the Department of Public Safety, and a form signed by the individual to be checked consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories of Criminal Histories. If a national criminal history record check is required, the fingerprints of the individual shall be forwarded to the State Bureau of Investigation for a search of the State’s criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. All information received by the entity shall be kept confidential in accordance with N.C. Gen. Stat. § 131E-265, 131D-40, and 122C-80, as applicable. The Department of Public Safety shall charge a reasonable fee for conducting the checks authorized by this section. The fee for the State check may not exceed fourteen dollars ($14.00). ?(2000-154, s. 1; 2003-214, s. 1(2); 2005-4, s. 5(b); 2014-100, ss. 17.1(m), (o).)

Terms Used In North Carolina General Statutes 143B-939

  • Contract: A legal written agreement that becomes binding when signed.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
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