Okla. Stat. tit. 56, § 56-1025.2

worker applicants, Medicaid personal care assistants and

contractors.

A. 1. Except as otherwise provided by subsection C of this

section, before any community services provider or Medicaid personal

care services provider makes an offer to employ or to contract with

a community services worker applicant or a Medicaid personal care

assistant applicant to provide health-related services, training, or

supportive assistance to a person with a developmental disability,

or personal care services to a person who receives the services of

the state Medicaid personal care program, the community services

provider or Medicaid personal care services provider shall:

a. provide, prior to a check with the Department of Human

Services, for a criminal history records search to be

made on the community services worker applicant or

Medicaid personal care assistant or contractor

pursuant to the provisions of this section, and

b. check with the Department of Human Services to

determine if the name of the applicant seeking

employment or contract has been entered on the

community services worker registry created pursuant to

Section 1025.3 of this title. Prior to a decision by

the Department to enter the name of a community

services worker or a Medicaid personal care assistant

on such registry, the Department shall allow for

notice and opportunity for due process for such

community services worker or Medicaid personal care

assistant against whom a final investigative finding

by the Department of Human Services of maltreatment of

an individual has been made. If the name of the

applicant seeking employment or a contract with the

Oklahoma Statutes - Title 56. Poor Persons Page 257

community services provider or Medicaid personal care

assistant is listed on the registry as having a

finding by an Administrative Law Judge pursuant to the

requirements of Section 1025.3 of this title, and the

Department has allowed for notice and opportunity for

due process for such applicant, the provider shall not

hire the applicant.

2. If the Department of Human Services contracts directly with

a Medicaid personal care assistant, the Department shall follow the

screening procedures required by this section for Medicaid personal

care services providers.

3. If the Oklahoma Health Care Authority contracts directly

with a specialized foster care provider or habilitation training

specialist services provider or a homemaker services provider, the

Department shall follow the screening procedures required by this

section for community services providers.

4. Community services providers and Medicaid personal care

services providers are authorized to obtain records of any criminal

conviction, guilty plea, or plea of nolo contendere maintained by

the Oklahoma State Bureau of Investigation (Bureau), or a Federal

Bureau of Investigation (FBI) national criminal history records

search, based on fingerprints which the employer is required or

authorized to request pursuant to the provisions of this section.

5. The Department of Human Services is authorized to obtain a

national criminal history records search based on submission of

fingerprints for community services providers that provide remote

supports. The search shall:

a. be conducted by the Oklahoma State Bureau of

Investigation and the Federal Bureau of Investigation

pursuant to Section 150.9 of Title 74 of the Oklahoma

Statutes, with the Department as the authorized

agency,

b. be submitted and have results received between the

Department and the Oklahoma State Bureau of

Investigation through secure electronic transmissions,

and

c. be paid for by the applicant or the community services

provider.

6. A criminal history records search for community services

providers shall include:

a. an Oklahoma State Courts Network search, except for

community services providers that provide remote

supports,

b. a search of the Restricted Registry established under
reau of

Investigation through secure electronic transmissions,

and

c. be paid for by the applicant or the community services

provider.

6. A criminal history records search for community services

providers shall include:

a. an Oklahoma State Courts Network search, except for

community services providers that provide remote

supports,

b. a search of the Restricted Registry established under

the Oklahoma Child Care Facilities Licensing Act,

c. a national criminal history records search for

community services providers that provide remote

Oklahoma Statutes - Title 56. Poor Persons Page 258

supports in accordance with paragraph 5 of this

subsection,

d. a sex offender registry search conducted by an

authorized source, when the individual has lived

outside this state within the last five (5) years, and

e. a search of the Department of Corrections’ files

maintained pursuant to the Sex Offenders Registration

Act and conducted by the Department of Human Services.

7. A Medicaid personal care services provider shall request the

Bureau or FBI to conduct a criminal history records search on

Medicaid personal care assistants pursuant to the provisions of

Section 1-1950.1 of Title 63 of the Oklahoma Statutes.

8. The community services provider shall request the Bureau or

FBI to conduct a criminal history records search on a community

services worker desiring employment or a contract with the provider

and shall provide to the Bureau or FBI any relevant information

required by the Bureau or FBI to conduct the search. The community

services provider shall pay a reasonable fee to the Bureau for each

criminal history records search that is conducted pursuant to such a

request. Such fee shall be determined by the Oklahoma State Bureau

of Investigation.

9. A community services provider that provides remote supports

shall request the Department to conduct a national criminal history

records search based on submission of fingerprints on a community

services worker or applicant who will be providing remote supports

and shall provide to the Department any relevant information

required by the Oklahoma State Bureau of Investigation and the

Federal Bureau of Investigation to conduct the search. The

community services worker or applicant shall pay a reasonable fee to

the Oklahoma State Bureau of Investigation for each national

criminal history records search that is conducted pursuant to such a

request. Such fee shall be determined by the Oklahoma State Bureau

of Investigation.

10. The requirement of a criminal history records search shall

not apply to an offer of employment made to:

a. any person who is the holder of a current license or

certificate issued pursuant to the laws of this state

authorizing such person to practice the healing arts,

b. a registered nurse or practical nurse licensed

pursuant to the Oklahoma Nursing Practice Act,

c. a physical therapist registered pursuant to the

Physical Therapy Practice Act,

d. a physical therapist assistant licensed pursuant to

the Physical Therapy Practice Act,

e. a social worker licensed pursuant to the provisions of

the Social Worker’s Licensing Act,

Oklahoma Statutes - Title 56. Poor Persons Page 259

f. a speech pathologist or audiologist licensed pursuant

to the Speech-Language Pathology and Audiology

Licensing Act,

g. a dietitian licensed pursuant to the provisions of the

Licensed Dietitian Act,

h. an occupational therapist licensed pursuant to the

Occupational Therapy Practice Act, or

i. a respiratory care practitioner licensed pursuant to

the Respiratory Care Practice Act.

B. At the request of the community services provider, the

Bureau shall conduct a criminal history records search on any

applicant desiring employment or a contract pursuant to subsection A

of this section or any worker employed by the community services

provider, including any of the workers specified in paragraph 10 of
are practitioner licensed pursuant to

the Respiratory Care Practice Act.

B. At the request of the community services provider, the

Bureau shall conduct a criminal history records search on any

applicant desiring employment or a contract pursuant to subsection A

of this section or any worker employed by the community services

provider, including any of the workers specified in paragraph 10 of

subsection A of this section, at any time during the period of

employment of such worker with the provider.

C. A community services provider may make an offer of temporary

employment to a community services worker pending the results of

such criminal history records search and the registry review on the

applicant. The community services provider in such instance shall

provide to the Bureau the name and relevant information relating to

the applicant within seventy-two (72) hours after the date the

applicant accepts temporary employment. Temporary employment shall

not extend longer than the time necessary to receive the results of

the criminal history records search and registry review, not to

exceed forty-five (45) days. The community services provider shall

not hire or contract with an applicant as a community services

worker on a permanent basis until the results of the criminal

history records search and the registry review are received.

D. Within five (5) days of receipt of a request to conduct a

criminal history records search, the Bureau shall complete the

criminal history records search and report the results of the search

to the requesting community services provider.

E. Every community services provider and Medicaid personal care

services provider shall inform each applicant for employment, or

each prospective contract worker, as applicable, that the community

services provider or Medicaid personal care services provider is

required to obtain a criminal history records search and a registry

review before making an offer of permanent employment or a contract

with the community services worker or Medicaid personal care

assistant or applicant described in subsection A of this section.

F. When a community services provider will be providing remote

supports from outside this state, the community services provider

shall provide an FBI national criminal history records search, based

on fingerprints, on out-of-state community services workers or

applicants in lieu of a criminal history records search by the

Oklahoma State Bureau of Investigation pursuant to this section.

Oklahoma Statutes - Title 56. Poor Persons Page 260

G. 1. If the results of any criminal history records search

from any jurisdiction reveals that the subject worker or applicant

has been convicted, or pled guilty or nolo contendere to a felony or

to a misdemeanor assault and battery, the employer shall not hire or

contract with the applicant, but shall immediately terminate the

community services worker’s employment, contract, or volunteer

arrangement, subject to the provisions of paragraph 2 of this

subsection.

2. The community services provider may request, in writing, a

waiver of the provisions of paragraph 1 of this subsection from the

Director of the Department of Human Services, or a designee of the

Director. The Director or a designee of the Director may waive the

provisions based upon standards promulgated by the Commission for

Human Services after concurrence by the Chief Executive Officer of

the Oklahoma Health Care Authority as the State Medicaid Agency. No

waiver shall be granted for offenses resulting in a felony

conviction or plea of guilty or nolo contendere to a felony that

occurred less than five (5) calendar years prior to the date of

request. In no case shall a waiver be granted for employment of a

community services worker who has been convicted of, or pled guilty

or nolo contendere to, a felony count of aggravated assault and
ency. No

waiver shall be granted for offenses resulting in a felony

conviction or plea of guilty or nolo contendere to a felony that

occurred less than five (5) calendar years prior to the date of

request. In no case shall a waiver be granted for employment of a

community services worker who has been convicted of, or pled guilty

or nolo contendere to, a felony count of aggravated assault and

battery, homicide, murder, attempted murder, rape, incest, sodomy,

or abuse, neglect, or financial exploitation of any person entrusted

to the worker’s care.

H. All criminal history records received by the community

services provider or Medicaid personal care services provider are

for the exclusive use of the Department of Human Services, the

Oklahoma Health Care Authority and the community services provider

or Medicaid personal care services provider that requested the

information. Except as otherwise provided by this chapter or upon

court order or with the written consent of the person being

investigated, the criminal history records shall not be released or

otherwise disclosed to any other person or agency.

I. Any person releasing or disclosing any information in

violation of this section, upon conviction thereof, shall be guilty

of a misdemeanor.

J. As part of any inspections required by law, the Department

of Human Services shall review the employment files of the community

services provider or Medicaid personal care services provider

required to conduct a criminal history records search to ensure such

provider is in compliance with the provisions of this section.

K. The Department of Human Services shall disclose all registry

information, all criminal records gathered and any inspections

conducted as a result of this section to the Oklahoma Health Care

Authority upon the request of the Oklahoma Health Care Authority.