Current through 2024-38, September 18, 2024
A.
Scope. The provisions of this
rule apply to all employers and direct access workers required to use the MBCC
in accordance with
22 M.R.S.
§9054.
B.
Employer obligations. An
employer subject to this rule shall use the MBCC to conduct a comprehensive
background check that includes a criminal history records check for all direct
access workers. The employer shall comply with the requirements of this chapter
when making employment-related decisions for direct access workers.
C.
Mandatory use of the MBCC by
providers: Use of the MBCC is mandatory for the following providers (as
defined in
22 M.R.S.
§9053) :
1. Child Care facilities;
2. Child placing agencies;
3. Children's residential care
facilities;
4. Family child care
providers;
5. Nursery
schools;
6. Hospice
providers;
7. Home health care
providers;
8. Nursing
facilities;
9. Personal care
agencies and placement agencies;
10. Temporary nurse agencies;
11. Adult day care programs;
12. Assisted housing programs;
13. Residential care facilities;
14. Intermediate care facilities for
individuals with intellectual disabilities;
15. Mental health services facilities or
providers; and
16. Drug treatment
centers.
D.
Constitutionality clause. Should any section, paragraph, sentence,
clause, or phrase of this rule be declared unconstitutional or invalid for any
reason, the remainder of this rule will not be affected thereby.
E.
Employer enrollment, administrator,
and user requirements. Employers must comply with the following
enrollment, administrator, and user requirements.
1. Employers must identify at least one
individual to serve as its background check administrator.
2. The administrator must:
a. Create and maintain an account in the
Department's MBCC website;
b.
Complete all enrollment procedures required to use the website; and
c. Comply with all system requirements to
maintain the employer's access to the website.
3. Employers may allow users other than the
administrator to access the website. The administrator and each user must
complete the user registration process.
4. Background check records and other
personally identifiable information provided by a direct access worker are
confidential and must be stored in a safe and secure manner. All users must
comply with the confidentiality requirements of this rule and the applicable
statutes.
5. Employers must update
their user list on the website to reflect all current users.
F.
User fees. User
fees are assessed for each comprehensive background check performed on behalf
of an employer. User fees are based on an analysis of the Department's costs
for operating the MBCC and performing comprehensive background checks.
1.
User Fee. The user fee will
be $56 for each comprehensive background check.
2. Any changes to the User Fee will be by
rulemaking, however, the user fee may not be less than $25 and no more than
$150, pursuant to
22 M.R.S.
§9055(1).
3.
Invalid request. A request
for a background check that does not include accurate information, in
accordance with Section 3(C)(1) of this rule, is invalid.
a. If the Department is unable to obtain
results for the direct access worker, as a result of a clerical error on the
part of an employer, the employer is required to submit a new request with the
missing accurate information.
b.
The employer must pay the same fee for this additional request to the
Department as was required by the initial background request.
c. Failure to provide accurate information
does not extend any period of conditional employment.
4.
Non-refundable. User fees are
non-refundable if any portion of the MBCC check is performed.
