Okla. Stat. tit. 63, § 63-1-1947

A. 1. The State Department of Health and the Department of

Human Services shall conduct criminal history background checks on

all current employees and applicants for employment of the State

Department of Health and Department of Human Services whose

responsibilities include working inside long-term care facilities on

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behalf of the State Department of Health or the Department of Human

Services.

2. A criminal history background check shall be conducted on

the following individuals whose responsibilities include working

inside long-term care facilities:

a. any current employee of or applicant for employment

with the State of Oklahoma,

b. any individual contracting with the State of Oklahoma,

c. any individual volunteering for a state-sponsored

program,

d. any individual contracting with the Department of

Human Services Advantage Waiver Program who enters any

long-term care facility,

e. any individual providing services to the disabled or

elderly in a facility or client’s home, and

f. any individual employed by or volunteering for the

State Long-term Care Ombudsman Program.

3. The State Department of Health and the Department of Human

Services shall not hire or continue employment of an individual that

has been convicted of the crimes listed in Section 1-1950.1 of this

title. The criminal history background checks required by this

section shall follow the requirements of Section 1-1950.1 of this

title.

B. The State Department of Health and the Department of Human

Services shall also submit a list of all employees of the State

Department of Health and the Department of Human Services who work

inside long-term care facilities to the Department of Corrections.

The Department of Corrections shall promptly notify the State

Department of Health and the Department of Human Services of any

employee who is required to register pursuant to the Sex Offenders

Registration Act or the Mary Rippy Violent Crime Offenders

Registration Act.

C. The State Department of Health shall conduct an employment

screening prior to an offer of employment to a Health Facilities

Surveyor applicant. Each applicant shall fully disclose all

employment history and professional licensure history, including

actions taken regarding licensure. The Department shall review the

compliance history of the facilities during the time of the

applicant’s employment. If the applicant served as Director of

Nursing or as an administrator during a survey that resulted in

substandard quality of care and the facility failed to achieve

compliance in an appropriate and timely manner, the applicant shall

not be considered for employment. The Department shall also review

professional licensure history of each applicant, including actions

to suspend or revoke licenses by the Board of Nursing Home

Administrators, Board of Nurse Licensure, or other applicable

related licenses. Failure to fully disclose employment history and

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professional licensure actions shall constitute grounds for

dismissal or prohibit employment as a surveyor.

D. Except as otherwise provided by subsection F of this

section, an employer shall not employ, independently contract with,

or grant clinical privileges to any individual who has direct

patient access to service recipients of the employer, if one or more

of the following are met:

1. If the results of a state and national criminal history

records check reveal that the subject person has failed to act in

conformity with all federal, state and municipal laws as applicable

to his or her professional license, certification, permit or

employment class, as established by the authority having

jurisdiction for the subject person’s professional license,

certification, permit, or employment class;

2. If the individual is currently subject to an exclusion as
hat the subject person has failed to act in

conformity with all federal, state and municipal laws as applicable

to his or her professional license, certification, permit or

employment class, as established by the authority having

jurisdiction for the subject person’s professional license,

certification, permit, or employment class;

2. If the individual is currently subject to an exclusion as

described under Title 42 of the United States Code, Section 1320a-7;

3. If the individual is currently the subject of a

substantiated finding of neglect, abuse, verbal abuse,

misappropriation of property, maltreatment, or exploitation, by any

state or federal agency pursuant to an investigation conducted in

accordance with Title 42 of the United States Code, Section 1395i-

3(g)(1)(c) or 1396r(g)(1)(c), or Section 1-1950.7 or 1-1951 of this

title;

4. If the individual is entered on the community services

worker registry pursuant to Section 1025.3 of Title 56 of the

Oklahoma Statutes;

5. If the individual is recorded on the Child Care Restricted

Registry pursuant to Section 405.3 of Title 10 of the Oklahoma

Statutes;

6. If the individual is registered pursuant to the Sex

Offenders Registration Act, the Mary Rippy Violent Crime Offenders

Registration Act, or registered on another state’s sex offender

registry; or

7. If the individual has direct patient access in an employment

class not otherwise described in this subsection and is subject to a

disqualifying condition identified in subsection B of Section 1-

1950.1 of this title.

E. If the results of a registry screening or criminal history

check reveal that an employee or a person hired, contracted with, or

granted clinical privileges on a temporary basis pursuant to

subsection L of this section has been disqualified pursuant to

subsection D of this section, the Department shall advise the

employer or requesting agency to immediately terminate the person’s

employment or contract.

F. Except as otherwise provided in subsection L of this

section, an employer shall not employ, independently contract with,

or grant privileges to, an individual who regularly has direct

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patient access to service recipients of the employer until the

employer conducts a registry screening and criminal history record

check in compliance with subsection I of this section. This

subsection and subsection D of this section shall not apply to the

following:

1. An individual who is employed by, under independent contract

to, or granted clinical privileges with, an employer on or before

November 1, 2012. An individual who is exempt under this subsection

is not limited to working within the employer with which he or she

is employed, under independent contract to, or granted clinical

privileges. That individual may transfer to another employer that

is under the same ownership with which he or she was employed, under

contract, or granted privileges. If that individual wishes to

transfer to another employer that is not under the same ownership,

he or she may do so provided that a registry screening and criminal

history record check are conducted by the new employer in accordance

with subsection I of this section.

a. If an individual who is exempt under this subsection

is subsequently found, upon seeking transfer to

another employer, ineligible for employment,

independent contract, or clinical privileges, as

provided in subsection D of this section, then the

individual is no longer exempt and shall be terminated

from employment or denied employment.

b. If an individual who is exempt under this subsection

is subsequently found ineligible for employment,

independent contract, or clinical privileges, as

provided in subsection D of this section, based on

disqualifying events occurring after November 1, 2012,

then the individual is no longer exempt and shall be

terminated from employment; and
erminated

from employment or denied employment.

b. If an individual who is exempt under this subsection

is subsequently found ineligible for employment,

independent contract, or clinical privileges, as

provided in subsection D of this section, based on

disqualifying events occurring after November 1, 2012,

then the individual is no longer exempt and shall be

terminated from employment; and

2. An individual who is an independent contractor to an

employer, if the services for which he or she is contracted are not

directly related to the provision of services to a service recipient

or if the services for which he or she is contracted allow for

direct patient access to service recipients but are not performed on

an ongoing basis. This exception includes, but is not limited to,

an individual who independently contracts with the employer to

provide utility, maintenance, construction, or communications

services.

G. A nurse aide scholarship program shall not accept into its

training program candidates seeking eligibility for listing on the

nurse aide registry pursuant to 42 U.S.C. 1395i-3(e)(2)(A) or 42

U.S.C. 1396r(e)(2)(A) until the training program conducts a registry

screening and criminal history record check in compliance with

subsection I of this section. The candidate shall be subject to the

administrative fee in paragraph 1 of subsection J of this section.

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A nurse aide scholarship program shall not accept into enrollment a

candidate ineligible for employment pursuant to Section 1-1950.1 of

this title.

H. An applicant shall provide the employer a government photo

identification of the applicant and written consent for the employer

to conduct a registry screening and the Bureau to conduct a state

and national criminal history record check under this section. The

employer shall maintain the written consent and information

regarding the individual’s identification in their files for audit

purposes.

I. 1. Upon receipt of the written consent and identification

required under subsection H of this section, an employer shall

submit an applicant’s name, any aliases, address, former states in

which the applicant resided, social security number, and date of

birth, through an Internet portal maintained by the Department, as

provided in subsection V of this section, for the purpose of

conducting a check of all relevant registries established pursuant

to federal and state law and regulations for any findings barring

employment. If the findings of the check do not reveal any basis

that would prevent the employment of the applicant pursuant to

subsection D of this section, and where the applicant does not have

a monitored employment record pursuant to the provisions in

subsection S of this section, the Department shall authorize the

collection and submission of fingerprints through an authorized

collection site to the Bureau for the performance of a criminal

history record check on the applicant, pursuant to Section 150.9 of

Title 74 of the Oklahoma Statutes and in accordance with U.S. Public

Law 111-148. Results of such search conducted through both the

Bureau and FBI databases shall be returned electronically to the

Department.

2. The Bureau shall retain one set of fingerprints in the

Automated Fingerprint Identification System and submit the other set

to the FBI for a national criminal history records search.

3. Fingerprint images may be rejected by the Bureau or the FBI.

A rejection of the fingerprints by the Bureau or the FBI shall

require the applicant to be fingerprinted again.

4. The applicant shall have ten (10) calendar days, after

receipt of authorization as provided in this subsection, to submit

his or her fingerprints through an authorized collection site or his

or her application shall be deemed withdrawn and the applicant shall

be required to commence the application process from the beginning.
the FBI shall

require the applicant to be fingerprinted again.

4. The applicant shall have ten (10) calendar days, after

receipt of authorization as provided in this subsection, to submit

his or her fingerprints through an authorized collection site or his

or her application shall be deemed withdrawn and the applicant shall

be required to commence the application process from the beginning.

5. Medicaid home and community-based services waivered

providers as defined in Section 1915 (c) or 1915 (i) of the federal

Social Security Act may voluntarily participate in the submission of

fingerprints for applicants. In lieu of fingerprinting, said

providers shall obtain a name-based state criminal history record

check from the Bureau at the fee established in Section 150.9 of

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Title 74 of the Oklahoma Statutes. No other fees shall apply to

said providers relying on a name-based state criminal history record

check. The determination of employment eligibility shall be made by

said providers based on the criteria established in subsection D of

this section.

J. 1. The employer shall pay a fee of Nineteen Dollars

($19.00) to the Department for each applicant submitted for

fingerprinting or criminal history monitoring or both fingerprinting

and criminal history monitoring pursuant to subsection S of this

section. The prospective employee, independent contractor or

clinical privileges candidate authorized for fingerprint collection

by the Department shall pay an administrative fee of Ten Dollars

($10.00) at the time of fingerprinting. Subsequent fingerprinting

shall not be required of an applicant if the applicant has a

monitored employment record pursuant to subsection S of this

section.

2. The Department shall be responsible for screening and

fingerprinting and criminal history monitoring fees for persons

participating in a Medicaid program who self-direct their own care,

and the applicants of such self-directed care employers.

3. The Department shall use National Background Check grant

funds, employer fees and administrative fee collections, and

available Medicaid matching funds, to reimburse fingerprint

collection vendors, pay administrative expenses, and reimburse the

Bureau and FBI for each processed fingerprint review and automatic

notification services for subsequent arrest. The Department shall

reimburse fingerprint collection vendors, the Bureau, and the FBI,

the applicable costs for those identified in paragraph 2 of this

subsection.

4. At the consent of the current employee and request of an

employer, the Department shall authorize the collection and

submission of fingerprints for the purposes of conducting a criminal

history record check on any person excluded from the criminal

history requirements pursuant to subsection F of this section. The

employer shall pay a fee of Sixty-five Dollars ($65.00) to the

Department for the cost of registry screening, fingerprint

collection and submission, and arrest record monitoring. The

collection of fingerprints from those employed, contracted, or

granted clinical privileges, prior to the effective date established

by rule as authorized in subsection Y of this section, is voluntary

and not required for the purposes of this section.

K. 1. If the criminal history record check results reveal

information that precludes the Department from making a final

determination of employment eligibility, the employer and applicant

shall be given notice of such and the applicant shall have sixty
ctive date established

by rule as authorized in subsection Y of this section, is voluntary

and not required for the purposes of this section.

K. 1. If the criminal history record check results reveal

information that precludes the Department from making a final

determination of employment eligibility, the employer and applicant

shall be given notice of such and the applicant shall have sixty

(60) days to make any necessary corrections or additions for the

Department to review.

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2. If the applicant is unable to make corrections or additions

to the record within the sixty (60) days, the Department shall deny

employment based on the disqualifying results and shall notify the

applicant of his or her right to appeal. The notice shall include

the reasons why the applicant is not eligible for employment and a

statement that the applicant has a right to appeal the decision made

by the Department regarding the employment eligibility. The notice

shall also include information regarding where to file and describe

the appellate procedures.

L. If an employer determines it necessary to employ, contract

with, or grant clinical privileges to an applicant before receiving

the results of the applicant’s criminal history record check under

this section, the employer may conditionally employ, conditionally

contract with, or grant conditional clinical privileges to the

applicant if all of the following apply:

1. The employer requests the criminal history record check

under this section upon conditionally employing, contracting with,

or granting clinical privileges to the individual;

2. The individual signs a statement in writing that indicates

the applicant affirms and agrees to all of the following:

a. that the applicant is not disqualified from

employment, an independent contract, or clinical

privileges, based on the disqualifying criteria

defined in subsection D of this section,

b. that the applicant agrees that, if the information in

the registry screening and criminal history record

check conducted under this section does not confirm

the individual’s statements under subparagraph a of

this paragraph, his or her employment, independent

contract, or clinical privileges shall be terminated

by the employer as required under subsection D of this

section unless and until the individual appeals and

can provide that the information is incorrect, and

c. that the applicant understands that the conditions

described in subparagraphs a and b of this paragraph

may result in the termination of his or her

employment, independent contract, or clinical

privileges, and that those conditions are good cause

for termination; and

3. The period of provisional employment shall not exceed sixty
als and

can provide that the information is incorrect, and

c. that the applicant understands that the conditions

described in subparagraphs a and b of this paragraph

may result in the termination of his or her

employment, independent contract, or clinical

privileges, and that those conditions are good cause

for termination; and

3. The period of provisional employment shall not exceed sixty

(60) days pending the completion of the required background check.

During this time the employee shall be subject to direct on-site

supervision. The sixty-day time period may only be extended for

those employees who are appealing the results of the background

check. The time period shall only be extended for the duration of

the appeal.

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M. The Department shall develop and distribute a model form for

the statement required under paragraph 2 of subsection L of this

section. The Department shall make the model form available to

health facilities or agencies subject to this section upon request

at no charge.

N. If an individual is employed as a conditional employee, has

a conditional independent contract, or is granted conditional

clinical privileges under subsection L of this section, and the

report described in subsection I of this section does not confirm

the individual’s statement under subparagraph a of paragraph 2 of

subsection L of this section, the employer shall terminate the

individual’s employment, independent contract, or clinical

privileges, as required by subsection E of this section.

O. An individual who knowingly provides false information

regarding his or her identity, criminal convictions, or

substantiated findings on a statement described in subparagraph a of

paragraph 2 of subsection L of this section is guilty of a

misdemeanor punishable by a fine of not less than One Hundred

Dollars ($100.00) nor more than Three Hundred Dollars ($300.00),

imprisonment in the county jail for not more than thirty (30) days,

or by both such fine and imprisonment.

P. The Department shall use criminal history record information

obtained under subsection I of this section only for the purpose of

evaluating an applicant’s qualifications for employment, an

independent contract, or clinical privileges, in the position for

which he or she has applied and for the purposes of subsections H

and N of this section. The Department shall not disclose criminal

history record information. An individual who knowingly uses or

disseminates the criminal history record information obtained under

subsection I of this section in violation of this subsection is

guilty of a misdemeanor punishable by imprisonment for not more than

thirty (30) days or a fine of not more than Five Hundred Dollars

($500.00), or both. Except for a knowing or intentional release of

false information, the Department or employer has no liability in

connection with a criminal history record check conducted under this

section.

Q. As a condition of continued employment, each employee,

independent contractor, or individual granted clinical privileges

shall agree in writing to report to the employer immediately upon

being arraigned or indicted for one or more of the criminal offenses

listed in subsection D of this section, upon being convicted of, or

pleading guilty or nolo contendere to, one or more of the criminal

offenses listed in subsection D of this section, or upon being the

subject of a substantiated finding on a relevant registry as

described in subsection D of this section. Reporting of an

arraignment under this subsection may be cause for leave without

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pay, placement under direct supervision, restriction from direct

patient access, termination, or denial of employment.

R. An employer convicted for knowingly and willfully failing to
a relevant registry as

described in subsection D of this section. Reporting of an

arraignment under this subsection may be cause for leave without

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pay, placement under direct supervision, restriction from direct

patient access, termination, or denial of employment.

R. An employer convicted for knowingly and willfully failing to

conduct the criminal history checks as required under this section

may be found guilty of a misdemeanor punishable by a fine of not

less than One Thousand Dollars ($1,000.00) nor more than Three

Thousand Dollars ($3,000.00), imprisonment in the county jail for

not more than thirty (30) days, or by both such fine and

imprisonment.

S. The Department shall establish a database to store the

records of an employer’s prospective and enrolled employees, the

results of the screening and criminal arrest records search, and an

identifier issued by the Bureau for the purposes of receiving an

automatic notification from the Bureau if and when a subsequent

criminal arrest record submitted into the system matches a set of

fingerprints previously submitted in accordance with this section.

Upon such notification, the Bureau shall immediately notify the

Department and the Department shall immediately notify the

respective employee. Information in the database established under

this subsection is confidential, is not subject to disclosure under

the Oklahoma Open Records Act, and shall not be disclosed to any

person except for purposes of this act or for law enforcement

purposes. The employee shall promptly respond to Department

inquiries regarding the status of an arraignment or indictment.

Reporting of an arraignment or indictment under this subsection may

be cause for leave without pay, placement under direct supervision,

restriction from direct patient access, termination, or denial of

employment.

T. 1. Any individual who has been disqualified from or denied

employment by an employer pursuant to this section may file an

appeal with the Department within thirty (30) days of the receipt of

the notice of disqualification, if the applicant believes that the

criminal history report is inaccurate or that consideration of the

passage of time, extenuating circumstances, demonstration of

rehabilitation, or relevancy of the particular disqualifying

information with respect to the current or proposed employment of

the individual merits a waiver of the disqualification or employment

denial.

2. The Department shall specify in rule the criteria for

issuing a waiver of the disqualification or employment denial. The

criteria shall include consideration of the passage of time,

extenuating circumstances, demonstration of rehabilitation, and

relevancy of the particular disqualifying information with respect

to the current or proposed employment of the individual.

3. The appeal shall be conducted as an individual proceeding

pursuant to the Administrative Procedures Act.

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U. An employer who has acted in good faith to comply with the

requirements of this section of law shall be immune from liability

in carrying out the provisions of this section.

V. The Department shall maintain an electronic web-based system

to assist employers, and nurse aide scholarship programs, required

to check relevant registries and conduct criminal history record

checks of its prospective students, employees, independent

contractors, and those to whom the employer would grant clinical

privileges. The employer shall maintain the status of the

employment, contract, or privileges in the system, and the

Department shall provide for an automated notice to employers for

those employees, independent contractors, and those granted clinical

privileges, who, since the initial check, have been convicted of a

disqualifying offense or have been the subject of a substantiated
clinical

privileges. The employer shall maintain the status of the

employment, contract, or privileges in the system, and the

Department shall provide for an automated notice to employers for

those employees, independent contractors, and those granted clinical

privileges, who, since the initial check, have been convicted of a

disqualifying offense or have been the subject of a substantiated

finding on a relevant registry.

W. The Department is authorized to obtain any criminal history

records maintained by the Bureau and FBI which the Department is

required or authorized to request by the provisions of this section.

X. There is hereby created in the State Treasury a revolving

fund for the Department to be designated the “Oklahoma National

Background Check Fund”. The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of all monies

received by the Department from employers and administrative fees

collected pursuant to this section. Screening and administrative

fees collected pursuant to this section shall be deposited into the

fund. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department for

the following purposes:

1. Obtaining available Medicaid funds for screening,

fingerprinting, the cost of criminal history records obtained from

the Bureau and FBI, and program administration;

2. Reimbursement of fingerprint collection vendors;

3. Reimbursement to the Bureau and FBI for criminal history

records; and

4. Administrative and other applicable expenses of the

Department related to the background check program.

Y. The Department is authorized to phase in implementation of

subsections D through V of this section by category of employer.

The State Board of Health shall promulgate rules prescribing

effective dates and procedures for the implementation of a national

criminal history record check for the employers and nurse aide

scholarship programs defined in Section 1-1945 of this title. Said

dates may be staggered to facilitate implementation of the

requirements of this section.

Z. On or before November 1, 2015, the Department shall submit a

written report to the Legislature detailing the fee collections and

costs for the previous three (3) years and revolving fund

Oklahoma Statutes - Title 63. Public Health and Safety Page 746

projections for the next five (5) years. A plan shall be provided

to cover the costs of the criminal history checks required under

this section if funding is inadequate to cover the costs of the

criminal history checks required under this section after November

1, 2020.