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N.R.S. 449.123 - Initial and periodic investigations of employee or independent contractor of facility, hospital, agency, program or home; penalty
NevadastatuteNevada Division of Public and Behavioral Health (Health Care Quality and Compliance); Central Repository for Nevada Records of Criminal History
What this rule requires your agency to do
- 1The agency/provider must, within 10 days after hiring an employee or entering into a contract with an independent contractor, obtain from that person a written statement stating whether he or she has been convicted of any crime listed in NRS 449.174. (NRS 449.123(1))(N.R.S. 449.123 - Initial and periodic investigations of employee or independent contractor of facility, hospital, agency, program or home; penalty)
- 2The agency/provider must obtain oral and written confirmation of the information in that statement. (NRS 449.123(1))(N.R.S. 449.123 - Initial and periodic investigations of employee or independent contractor of facility, hospital, agency, program or home; penalty)
- 3The agency/provider must obtain a new background investigation of each employee or independent contractor at least once every 5 years after the initial investigation. (NRS 449.123)(N.R.S. 449.123 - Initial and periodic investigations of employee or independent contractor of facility, hospital, agency, program or home; penalty)
- 4The agency/provider must submit the fingerprints to the Central Repository for Nevada Records of Criminal History for its report and forwarding to the Federal Bureau of Investigation. (NRS 449.123(1))(N.R.S. 449.123 - Initial and periodic investigations of employee or independent contractor of facility, hospital, agency, program or home; penalty)
- 5The agency/provider need not conduct a new investigation if it obtains proof that an investigation of the person's background and personal history was conducted by the Central Repository within the immediately preceding 6 months and disclosed no conviction of a disqualifying crime. (NRS 449.123(2))(N.R.S. 449.123 - Initial and periodic investigations of employee or independent contractor of facility, hospital, agency, program or home; penalty)
- 6The agency/provider must obtain from the employee or independent contractor two sets of fingerprints and written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and the FBI for a report on the person's background and personal history. (NRS 449.123(1))(N.R.S. 449.123 - Initial and periodic investigations of employee or independent contractor of facility, hospital, agency, program or home; penalty)
Applies to: Agencies to provide personal care services in the home; home health agencies and other covered facilities/programs employing direct care workers
NRS 449.123 requires the administrator/licensee of a covered facility, agency, program or home (including agencies to provide personal care services in the home) to conduct a criminal background investigation of each employee or independent contractor within 10 days of hire, including obtaining a signed statement about disqualifying crimes and submitting fingerprints to the Central Repository/FBI, and to repeat the investigation at least every 5 years.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.