Current through all regulations passed and filed through September 16, 2024
(A) Criminal records check disclosure. The
report of the criminal records check conducted pursuant to a request made under
rule 3701-13-03 of the Administrative
Code is not a public record for the purposes of section
149.43 of the Revised Code and
is not
permitted to be made available to
any person other than the following:
(1) The
individual who is the subject of the criminal records check or the individual's
representative;
(2) The chief
administrator of the DCP requesting the criminal records check or the
administrator's representative;
(3)
The chief administrator of the DCP, any other DCP, home health agency defined
under section
3740.01
of the Revised
Code, or PASSPORT agency that provides direct care to older adults that is
owned or operated by the same entity that owns or operates the DCP;
(4) Any court, hearing officer, or other
necessary individual involved in a case dealing with the denial of employment
of the applicant or dealing with employment or unemployment benefits; or
(5) Any person to whom a report is provided
pursuant to paragraph (H) of rule
3701-13-03 of the Administrative
Code or paragraph (B) of
3701-13-04 of the Administrative
Code.
(B) Personnel
record. The DCP
is obligated to maintain the criminal records
report in a confidential manner either sealed within, or separate from but a
part of, the personnel record.
(C)
Attestation.
It
is mandatory that the DCP , upon
request, provide to the director written confirmation of compliance with the
provisions of this rule in a format that is specified by the director and is
consistent with state law.
(D)
Documentation of compliance. The DCP
is obligated to maintain an applicant log
separate from the personnel record that
is accessible to the director and
contains the following information:
(1) The name of each applicant;
(2) Application date;
(3) The date the applicant starts
work;
(4) The date the criminal
records check request is submitted to BCII;
(5) The type(s) of criminal records checks
requested (BCII, FBI, or both);
(6)
The date(s) the BCII and FBI checks are received or, for referred applicants or
applicants employed pursuant to a contract, the date a copy of the report of
the criminal records check is provided to the DCP for its records;
(7) The date the report is completed by BCII,
"date of original record check";
(8) Whether the applicant was hired pursuant
to the personal character standards listed in rule
3701-13-06 of the Administrative
Code;
(9) Final disposition of the
applicant; and
(10) Whether the
applicant was terminated pursuant to paragraph (D)(1), paragraph (D)(2) or
paragraph (E) of rule
3701-13-04 of the Administrative
Code.
