21-15-101. Definitions.

21-15-101. Definitions. As used in this subchapter: (1) “Applicant” means a person applying for employment with a state agency; (2) “Central registry check” means a review of the databases of the Child Maltreatment Central Registry, the Adult and Long-Term Care Facility Resident Maltreatment Central Registry, and the Certified Nursing Assistant/Employment Clearance Registry maintained by the Office of Long-Term Care pursuant to 42 C.F.R. § 483.156 and § 20-10-203; (3) “Child” means a minor under eighteen (18) years of age; (4) “Criminal history check” means a criminal history report produced by the Identification Bureau of the Division of Arkansas State Police; (5) “Designated financial or information technology position” means a position designated by a director of a division or office within the Department of Human Services in which the person placed in the position: (A) Has the authority or capability via computer access or otherwise to receive payments or to issue, initiate, or approve a contract, grant, warrant, payment, or procurement in any form; (B) Approves security access to information systems; (C) Authenticates and configures user security access to information systems; (D) Acts in the capacity of information technology network, application, or system administrator; (E) Manages or directs information technology network, application, or system administrators; or (F) Develops, designs, programs, or maintains information technology networks, applications, or systems; (6) “Designated position” means a position in which a person is employed by or contracting with a contractor of a state agency or a state agency to provide care, supervision, treatment, or any other services to the elderly, to mentally ill or developmentally disabled persons, to persons with mental illnesses, or to children who reside in any state-operated facility or a position in which the applicant, contractor, subcontractor, or employee will have direct contact with a child or a person who is elderly, mentally ill, or developmentally disabled; (7) “Individual with an intellectual or developmental disability” means a person with a disability that is attributable to: (A) Impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism; (B) Dyslexia resulting from a disability associated with intellectual and developmental disabilities, cerebral palsy, epilepsy, or autism; or (C) Any other condition found to be closely related to intellectual and developmental disabilities as described in subdivision (7)(A) of this section because it results in an impairment of general intellectual functioning or adaptive behavior similar to those of persons with intellectual and developmental disabilities or requires treatment and services similar to those required for persons with intellectual and developmental disabilities; (8) “Direct contact” means the ability to interview, question, examine, interact with, talk with, or communicate with a child without being in the physical presence of a person other than the child; (9) “Elderly” means persons sixty-five (65) years of age or older; (10)(A) “Mentally ill persons” means persons who suffer from a substantial impairment of emotional processes, or of the ability to exercise conscious control of their actions, or of the ability to perceive reality or to reason when the impairment is manifested in instances of extremely abnormal behavior or extremely faulty perceptions. (B) “Mentally ill persons” does not include persons whose impairment is solely caused by epilepsy, continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs, or dependence upon or addiction to any substance such as alcohol or drugs; and (11)(A) “State agency” means any agency, authority, board, bureau, commission, council, department, office, or officer of the state receiving an appropriation by the General Assembly. (B) “State agency” does not include municipalities, townships, counties, school districts, and state-supported institutions of higher education.