Rules and Regulations for Criminal Background Checks (Ga. Comp. R. & Regs. 111-8-12)

What this rule requires your agency to do

• 1An individual must not be employed, contracted, or allowed to work if they appear on a registry check, have a substantiated finding of neglect/abuse/misappropriation, hold a professional license not in good standing, or the facility receives notice of an unsatisfactory determination (subject to the grace period).(Rules and Regulations for Criminal Background Checks (Ga. Comp. R. & Regs. 111-8-12))
• 2Each employment application form must conspicuously state: 'FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT.'(Rules and Regulations for Criminal Background Checks (Ga. Comp. R. & Regs. 111-8-12))
• 3The facility must maintain a personnel file for each employee, available for department inspection and kept confidential, containing evidence of each employee's satisfactory determination, registry check, and licensure check (if applicable).(Rules and Regulations for Criminal Background Checks (Ga. Comp. R. & Regs. 111-8-12))
• 4While a criminal background check is pending, the facility may permit direct access for no more than 30 days provided the individual is under direct supervision of a staff member with a satisfactory determination; this 30-day grace period does not apply to administrators, onsite managers, or directors.(Rules and Regulations for Criminal Background Checks (Ga. Comp. R. & Regs. 111-8-12))
• 5For any subject who is a licensed healthcare professional or required to hold a professional license, the facility must query the applicable licensing board to confirm the individual holds a license in good standing before the criminal background check.(Rules and Regulations for Criminal Background Checks (Ga. Comp. R. & Regs. 111-8-12))
• 6A fingerprint-based records check application must be submitted for each direct access employee and each administrator, onsite manager, or director upon application for employment or prior to placement, and for existing owners/administrators/onsite managers/directors/direct access employees on or before January 1, 2021.(Rules and Regulations for Criminal Background Checks (Ga. Comp. R. & Regs. 111-8-12))
• 7Prior to any criminal background check, the facility must perform a registry check (nurse aide registry, state sexual offender registry, and List of Excluded Individuals/Entities) of the owner, administrator, onsite manager, director, and employees; if the individual has not resided in Georgia for at least two years, conduct registry checks of each state of prior residence for the previous two years.(Rules and Regulations for Criminal Background Checks (Ga. Comp. R. & Regs. 111-8-12))