20-38-112. Exclusions — Licensed professionals — Completion of criminal history records check.

20-38-112. Exclusions — Licensed professionals — Completion of criminal history records check. (a) Except for employees of licensed childcare facilities or church-operated exempt childcare facilities, this subchapter does not apply to a person who provides care to clients of a service provider subject to a professional license issued under: (1) Section 17-27-101 et seq., regarding licensed professional counselors; (2) The Arkansas Dental Practice Act, § 17-82-101 et seq., regarding dentists; (3) Section 17-87-101 et seq., regarding nurses; (4) The Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq., regarding occupational therapists; (5) Section 17-92-101 et seq., regarding pharmacists; (6) The Arkansas Physical Therapy Act, § 17-93-101 et seq., regarding physical therapists; (7) The Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., § 17-95-401 et seq., regarding physicians and surgeons; (8) Section 17-96-101 et seq., regarding podiatrists; (9) Section 17-97-101 et seq., regarding psychologists and psychological examiners; (10) The Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., regarding speech-language pathologists and audiologists; or (11) The Social Work Licensing Act, § 17-103-101 et seq., regarding social workers. (b)(1) “Professional license” shall not include certification. (2) “Certified persons” includes certified nursing assistants and certified home health aides. (c) With the exception of applicants and employees qualified under § 20-38-105(d)(3), if the service provider can verify that the applicant has maintained employment in the State of Arkansas for the past twelve (12) months and has successfully completed a criminal history records check within the past twelve (12) months, the service provider is not required to conduct a criminal history records check on the applicant. (d) With the exception of applicants and employees qualified under § 20-38-105(d)(3), if a service provider can verify that an applicant or employee has been the subject of an employment determination described in subsection (e) of this section, the service provider is not required to conduct any further criminal history records check on the applicant or employee to determine eligibility for employment except as required under § 20-38-103(d) for continued employment. (e)(1) With the exception of applicants and employees qualified under § 20-38-105(d)(3), an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider shall be fully acceptable and transferrable upon request between the following divisions and offices of the Department of Human Services: (A) The Division of Child Care and Early Childhood Education for a childcare facility or church-exempt childcare facility; (B) The Division of Developmental Disabilities Services for an Alternative Community Services Waiver Program provider, an early intervention provider, or a nonprofit community program; and (C) The Office of Long-Term Care for a long-term care facility licensed as an intermediate care facility for individuals with developmental disabilities. (2) With the exception of applicants and employees qualified under § 20-38-105(d)(3), the divisions and office listed in subdivision (e)(1) of this section shall accept from any other division or office listed in subdivision (e)(1) of this section an employment determination and the criminal history records check used to make the determination for an applicant or employee of a service provider in each instance that the following conditions are met: (A) The employee is or applicant will be continuously employed by the service provider in one (1) or more of the service provider types described in subdivision (e)(1) of this section; (B) The applicable service provider types in which an employee is employed or an applicant will be employed are operated and administered by the same service provider; (C) The service provider maintains evidence acceptable to the licensing or certifying agency that the service provider types for which employment determinations and criminal history records checks are accepted under this subsection are operated and administered by the same service provider; and (D) The service provider maintains an original or copy of the determination letter for each employee at the service provider type for which employment determinations and criminal history records checks are accepted under this subsection and at which the employee who is the subject of the determination letter is employed.