Okla. Stat. tit. 63, § 63-1-1950.1

certain persons to be offered employment.

A. For purposes of this section:

1. “Nurse aide” means any person who provides, for

compensation, nursing care or health-related services to residents

in a nursing facility, a specialized facility, a residential care

home, continuum of care facility, assisted living center, or an

adult day care center and who is not a licensed health professional.

Such term also means any person who provides such services to

individuals in their own homes as an employee or contract provider

of a home health or home care agency, or as a contract provider of

the Medicaid State Plan Personal Care Program;

2. “Employer” means any of the following facilities, homes,

agencies, or programs which are subject to the provision of this

section:

a. a nursing facility or specialized facility as such

terms are defined in the Nursing Home Care Act,

b. a residential care home as such term is defined by the

Residential Care Act,

c. an adult day care center as such term is defined in

the Adult Day Care Act,

d. an assisted living center as such term is defined by

the Continuum of Care and Assisted Living Act,

e. a continuum of care facility as such term is defined

by the Continuum of Care and Assisted Living Act,

f. a home health or home care agency,

g. the Department of Human Services, in its capacity as

an operator of any hospital or health care institution

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or as a contractor with providers under the Medicaid

State Plan Personal Care Program,

h. any facility operated by the Oklahoma Department of

Veterans Affairs, and

i. any facility approved and annually reviewed by the

United States Department of Veterans Affairs as a

medical foster home in which care is provided

exclusively to three or fewer veterans;

3. “Home health or home care agency” means any person,

partnership, association, corporation, or other organization which

administers, offers, or provides health care services or supportive

assistance for compensation to three or more ill, disabled, or

infirm persons in the temporary or permanent residence of such

persons, and includes any subunits or branch offices of a parent

home health or home care agency;

4. “Bureau” means the Oklahoma State Bureau of Investigation;

and

5. “Completion of the sentence” means the last day of the

entire term of the incarceration imposed by the sentence including

any term that is deferred, suspended, or subject to parole.

B. Before a nurse aide begins employment or a contract to

provide nursing care, health-related services, or supportive

assistance to any individual, the employer shall provide for a

criminal history background check to be made on the nurse aide

pursuant to the provisions of the Long-term Care Security Act. If

the employer is a facility, home, or institution which is part of a

larger complex of buildings, the requirement of a criminal history

background check shall apply only to an offer of employment or

contract made to a person who will work primarily in the immediate

boundaries of the facility, home, or institution.

Where the provisions of the Long-term Care Security Act

pertaining to registry screenings and national criminal history

record checks are not in effect pending an effective date

established in rulemaking, an employer is authorized to obtain any

criminal history background records maintained by the Bureau

pursuant to the following:

1. The employer shall request the Bureau to conduct a criminal

history background check on the nurse aide and shall provide to the

Bureau any relevant information required by the Bureau to conduct

the check. The employer shall pay a fee of Fifteen Dollars ($15.00)

to the Bureau for each criminal history background check that is

conducted pursuant to such a request;

2. An employer may make an offer of temporary employment to a

nurse aide pending the results of the criminal history background
aide and shall provide to the

Bureau any relevant information required by the Bureau to conduct

the check. The employer shall pay a fee of Fifteen Dollars ($15.00)

to the Bureau for each criminal history background check that is

conducted pursuant to such a request;

2. An employer may make an offer of temporary employment to a

nurse aide pending the results of the criminal history background

check. The employer in such instance shall provide to the Bureau

the name and relevant information relating to the person within

seventy-two (72) hours after the date the person accepts temporary

Oklahoma Statutes - Title 63. Public Health and Safety Page 759

employment. The employer shall not hire or contract with the nurse

aide on a permanent basis until the results of the criminal history

background check are received;

3. An employer may accept a criminal history background report

less than one (1) year old of a person to whom such employer makes

an offer of employment. The report shall be obtained from the

previous employer or contractor of such person and shall only be

obtained upon the written consent of such person; and

4. Every employer while subject to the provisions of this

subsection shall inform each applicant for employment, or each

prospective contract provider, as applicable, that the employer is

required to obtain a criminal history background record before

making an offer of permanent employment or contract to a nurse aide.

C. 1. If the results of a criminal history background check

reveal that the subject person has been convicted of, pled guilty or

no contest to, or received a deferred sentence for, a felony or

misdemeanor offense for any of the following offenses in any state

or federal jurisdiction, the employer shall not hire or contract

with the person:

a. abuse, neglect, or financial exploitation of any

person entrusted to the care or possession of such

person,

b. rape, incest, sodomy, or any crime that resulted in

the person being registered on a sex offender registry

at any time,

c. child abuse,

d. murder or attempted murder,

e. manslaughter,

f. kidnapping,

g. human trafficking,

h. aggravated assault and battery,

i. assault and battery with a dangerous weapon, or

j. arson in the first degree.

2. If less than five (5) years have elapsed since the

completion of sentence, and the results of a criminal history check

reveal that the subject person has been convicted of, or pled guilty

or no contest to, a felony or misdemeanor offense for any of the

following offenses, in any state or federal jurisdiction, the

employer shall not hire or contract with the person:

a. assault,

b. battery,

c. indecent exposure and indecent exhibition, except

where such offense disqualifies the applicant as a

registered sex offender,

d. pandering,

e. burglary in the first or second degree,

f. robbery in the first or second degree,

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g. robbery or attempted robbery with a dangerous weapon,

or imitation firearm,

h. arson in the second degree,

i. unlawful manufacture, distribution, prescription, or

dispensing of a Schedule I through V drug as defined

by the Uniform Controlled Dangerous Substances Act,

j. grand larceny, or

k. petit larceny or shoplifting.

D. An employer shall not employ or continue employing a person

addicted to any Schedule I through V drug as specified by the

Uniform Controlled Dangerous Substances Act unless the person

produces evidence that the person has successfully completed a drug

rehabilitation program.

E. All employment eligibility determination records received by

the employer pursuant to this section are confidential and are for

the exclusive use of the State Department of Health and the employer

which requested the information. Except on court order or with the

written consent of the person being investigated, the records shall
n has successfully completed a drug

rehabilitation program.

E. All employment eligibility determination records received by

the employer pursuant to this section are confidential and are for

the exclusive use of the State Department of Health and the employer

which requested the information. Except on court order or with the

written consent of the person being investigated, the records shall

not be released or otherwise disclosed to any other person or

agency. These records shall be destroyed after one (1) year from

the end of employment of the person to whom such records relate.

F. As part of the inspections required by the Nursing Home Care

Act, Continuum of Care and Assisted Living Act, the Residential Care

Act, and the Adult Day Care Act, the State Department of Health

shall review the employment files of any facility, home, or

institution required to obtain a criminal history background

determination to ensure such facilities, homes, or institutions are

in compliance with the provisions of this section.