Current through all regulations passed and filed through September 16, 2024
(A) Except as otherwise provided in paragraph
(H) of this rule, the chief administrator
is obligated to
request that the superintendent conduct a criminal records check with respect
to each applicant.
(B) The chief
administrator of
a DCP may designate a representative such as a
director of nursing, medical director, facility manager, or personnel officer
to carry out the requirements of this rule on the chief administrator's behalf.
The chief administrator
remains ultimately responsible for complying with
the requirements of this rule.
(C)
Residency requirement.
(1) If the applicant
does not present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal records check is
requested or provide evidence that within that
five-year period the superintendent
has requested information about the applicant from the FBI in a criminal
records check, the chief administrator of the DCP
is obligated to
request that the superintendent obtain information from the FBI as part of the
criminal records check of the applicant.
(2) Even if the applicant presents proof of
having been a resident of this state for the five-year period or proof of
an FBI
criminal records check as specified in paragraph (C)(1) of this rule, the DCP
may request that the superintendentan include
information from the FBI in the criminal records check.
(D) Investigation fee.
(1) A DCP
is obligated to
pay to the BCII the fee prescribed pursuant to division (C)(3) of section
109.572 of the Revised Code for
each criminal records check conducted pursuant to that section.
(2) A DCP may charge an applicant a fee not
exceeding the amount the DCP pays under paragraph (D)(1) of this rule. A DCP
may collect a fee only if both of the following apply:
(a) The DCP notifies the person at the time
of the initial application for employment of the amount of the fee and that,
unless the fee is paid by the person, the person will not be considered for
employment;
(b) The medicaid
program established under Chapter 5162. of the Revised Code does not reimburse
the DCP for the fee it pays under paragraph (D)(1) of this rule.
(E) Notification to the
applicant. The chief administrator of the DCP
is obligated to
inform each individual, at the time of initial application for a position that
involves providing direct care to an older adult:
(1) That the individual is
obligated to provide a set of fingerprint impressions
and that a criminal records check is required to be conducted if the individual
comes under final consideration for employment;
(2) If applicable, the information
mandated under paragraph (D)(2)(a) of this rule;
and
(3) Any fees authorized under
division (C)(2) of section
109.572 of the Revised Code that
are associated with obtaining fingerprint impressions.
(F) Criminal records check forms. The chief
administrator of a DCP
mandated by this rule to request a criminal
records check
is obligated to do all of the following:
(1) Provide each applicant a copy of the
form(s) prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code and
a standard fingerprint impression sheet, or instructions for acquiring a
standard fingerprint impression sheet prescribed pursuant to division (C)(2) of
that section. The form and standard fingerprint sheets
may be in a tangible format, in an electronic format, or in both tangible and
electronic formats.
(a) An applicant who
meets the residency requirement shall be provided a copy of the BCII "civilian
identification" form for fingerprint impressions; in addition, if the DCP
chooses to do so, the applicant may also be provided an FBI "applicant"
fingerprint impression form. The standard fingerprint
impression sheets may be in a tangible format, in an electronic format, or in
both tangible and electronic formats.
(b) An applicant who does not meet the
residency requirement, specified in paragraph (C) of this rule, shall be
provided both the BCII and FBI fingerprint impression forms.
(2) Obtain the completed form(s)
and fingerprint impression sheet(s) from the applicant. The standard fingerprint impression sheets may be in a
tangible format, in an electronic format, or in both tangible and electronic
formats.
(3) Forward the
completed form(s) and fingerprint impression sheet(s) to the superintendent.
(a) The DCP
is obligated to
submit the completed forms in the method prescribed by BCII
including, but not
limited to, electronic submission.
(b) The DCP
is obligated to
submit all applicable fees with completed forms or arrange for payment in a
method prescribed by BCII prior to submitting forms for processing.
(G) An applicant
provided the forms and fingerprint impression sheets under paragraph (F)(1) of
this rule, who fails to complete the forms or to provide fingerprint
impressions,
cannot
be
employed in any position for which a criminal records check is
mandated by this rule.
(H) Exception to criminal records check
rule. The DCP is not
obligated to
request that the superintendent conduct a criminal records check of an
applicant if the applicant has been referred to the DCP by an employment
service that supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults if the requirements of this paragraph
or of paragraph (B) of rule
3701-13-04 of the Administrative
Code are met:
(1) The chief administrator
receives from the employment service, or the applicant, a report of the results
of a criminal records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately preceding the
applicant's referral; and
(2) The
report of the criminal records check demonstrates that the person has not been
convicted of or pleaded guilty to an offense listed or described in paragraph
(A) of rule
3701-13-05 of the Administrative
Code.
(I) In addition to
or in conjunction with any request that is
obligated to
be made under this rule with respect to an individual who has applied for
employment in a position that involves providing direct care to an older adult,
the chief administrator of a DCP may request that the superintendent conduct a
criminal records check with respect to any individual who has applied
for
employment in a position that does not involve providing direct care to an
older adult.
