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20-48-812. Criminal history records checks required — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-48-812. Criminal history records checks required — Definitions.
(a) As used in this section:
(1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in § 20-38-101; and
(2) “Service provider” means any of the following:
(A) A Community and Employment Supports Services waiver provider;
(B) A First Connections provider; or
(C) An early intervention day treatment or adult developmental day treatment provider.
(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(c)(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-48-801 — 20-48-811 [repealed] and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-48-801 — 20-48-811 [repealed].
(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(d)(1) The person who signs an application for licensure or certificatio
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-48-812
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-48-812
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: aeeffc85a05a06dd059441fe6b5c09de72e929c86799b742822b8d9b9b87fc52
Source location: content.xml paragraph 29010
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20-48-812. Criminal history records checks required — Definitions.
(a) As used in this section:
(1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in § 20-38-101; and
(2) “Service provider” means any of the following:
(A) A Community and Employment Supports Services waiver provider;
(B) A First Connections provider; or
(C) An early intervention day treatment or adult developmental day treatment provider.
(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(c)(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-48-801 — 20-48-811 [repealed] and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-48-801 — 20-48-811 [repealed].
(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(d)(1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal records checks.
(2)(A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-48-801 — 20-48-811 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-48-801 — 20-48-811 [repealed].
(B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(e) The Division of Developmental Disabilities Services shall establish by rule requirements for registry records checks for:
(1) An applicant for licensure or certification of a service provider;
(2) An applicant for employment with a service provider; and
(3) An employee of a service provider.
(f) The division shall establish by rule:
(1) Requirements for criminal history and registry records checks of persons who volunteer for a service provider; and
(2) The consequences of a determination that a person who proposes to reside in an alternative living home in which services are provided to an individual with developmental disabilities is disqualified from the residency based on the criminal history of the person.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-38-101. Definitions.
As used in this chapter:
(1) “Care” means treatment, services, assistance, education, training, instruction, or supervision for which the service provider is compensated either directly or indirectly;
(2) “Determination” means the determination made by the licensing or certifying agency that a service provider, operator, applicant for employment with, or employee of a service provider is or is not disqualified from licensure, exemption from licensure, certification, any other operating authority, or employment based on the criminal history of the service provider, operator, applicant, or employee;
(3)(A) “Employee” means any person who:
(i) Has unsupervised access to clients of a service provider, except as provided in subdivision (3)(B) of this section; and
(ii) Meets any of the following criteria:
(a) Provides care to clients of a service provider on behalf of, under the supervision of, or by arrangement with the service provider;
(b) Is employed by a service provider to provide care to clients of the service provider;
(c) Is a temporary employee placed by an employment agency with a service provider to provide care to clients of the service provider; or
(d) Resides in an alternative living home in which services are provided to individuals with developmental disabilities.
(B) “Employee” does not include a person who:
(i) Is a family member of a client receiving care from a service provider;
(ii) Is a volunteer; or
(iii) Works in an administrative capacity and does not have unsupervised access to clients of a service provider;
(4) “Licensing or certifying agency” means the state agency charged with licensing, exempting from licensure, certifying, or granting other operating authority to a service provider;
(5) “Na
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-38-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-38-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-48-801 — 20-48-811. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-48-801
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 20-48-801. This identifies an authority to review, not proof of applicability.