Okla. Stat. tit. 63, § 63-1-1950.8

worker abuse registry search – Temporary employment.

A. 1. Before any nursing facility makes an offer to employ a

nontechnical services worker applicant subject to subsection A of

Section 1-1950.7 of this title on or after the effective date of

Sections 1-1950.6 through 1-1950.9 of this title, to provide

nontechnical services, the nursing facility shall:

a. provide for a criminal history records search to be

conducted upon the nontechnical services worker

applicant pursuant to the provisions of the Long-Term

Care Security Act, and

b. check with the Department to determine whether the

name of the applicant seeking employment appears on

the nontechnical services worker abuse registry

created pursuant to the provisions of Section 1-1950.7

of this title. If the name of the applicant seeking

employment with the nursing facility is listed on the

abuse registry as having a final Department

investigative finding or an Administrative Law Judge

finding pursuant to the requirements of Section 1-

1950.7 of this title, and the Department has allowed

for notice and opportunity for due process for such

applicant, the nursing facility shall not hire the

applicant.

2. 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 in

rulemaking, an employer is authorized to obtain any criminal history

background records maintained by the Oklahoma State Bureau of

Investigation pursuant to the following:

a. the employer shall request the Bureau to conduct a

criminal history background check on the nontechnical

services worker 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,

b. an employer may make an offer of temporary employment

to a nontechnical services worker 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 employment. The employer

Oklahoma Statutes - Title 63. Public Health and Safety Page 768

shall not hire or contract with the nontechnical

services worker on a permanent basis until the results

of the criminal history background check are received,

c. an employer may accept a criminal history background

report less than one (1) year old of a nontechnical

services worker to whom such employer makes an offer

of employment or employment contract. 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

d. 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 nontechnical

services worker.

B. Every nursing facility shall inform each nontechnical

services worker applicant for employment of the requirement to

obtain a criminal check and an abuse registry review before making

an offer of permanent employment with a nontechnical services worker

applicant.

C. A nursing facility shall not hire or contract with and shall

immediately terminate the employment, contract or volunteer

arrangement of any applicant, contract worker or employee for whom

the results of a criminal history records search from any

jurisdiction reveals that such person has a disqualifying criminal

offense listed in subsection C of Section 1-1950.1 of this title.

D. All employment eligibility determination records received by
th and shall

immediately terminate the employment, contract or volunteer

arrangement of any applicant, contract worker or employee for whom

the results of a criminal history records search from any

jurisdiction reveals that such person has a disqualifying criminal

offense listed in subsection C of Section 1-1950.1 of this title.

D. All employment eligibility determination records received by

the nursing facility are for the exclusive use of the State

Department of Health and the nursing facility that requested the

information. Except as otherwise provided by Sections 1-1950.6

through 1-1950.9 of this title or upon court order or with the

written consent of the person being investigated, the employment

eligibility determination records shall not be released or otherwise

disclosed to any other person or agency.

E. Any person releasing or disclosing any information in

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

of a misdemeanor.

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

shall review the employment files of the nursing facility required

to conduct a criminal history records search to ensure compliance

with the provisions of this section.