906 KAR 1:190. Kentucky National Background Check Program (NBCP)

What this rule requires your agency to do

• 1An employer participating in KARES (or a state-owned/operated health facility) shall not employ, contract with, or permit to work any applicant who refuses to provide ID/forms, is found on a registry, has a professional license not in good standing, fails to submit fingerprints within 30 days, or is determined by the cabinet to have a disqualifying offense.(906 KAR 1:190. Kentucky National Background Check Program (NBCP))
• 2A participating entity must pay a non-refundable fee not to exceed thirty (30) dollars to the cabinet plus KSP/FBI fees for a fingerprint-supported state and national criminal background check (or a $20 fee to view a current fitness determination when the continuous-assessment period has not expired).(906 KAR 1:190. Kentucky National Background Check Program (NBCP))
• 3To initiate a background check, the employer must request the applicant provide government-issued photo ID and verify the photo matches, have the applicant sign the OIG 1:190-1 Disclosures form and complete the OIG 1:190-2 Waiver Agreement and Statement, and log into the KARES portal to enter the applicant's demographic information for registry and licensing-database checks.(906 KAR 1:190. Kentucky National Background Check Program (NBCP))
• 4After payment, the applicant must submit fingerprints at an authorized collection site within thirty (30) calendar days, presenting the Live Scan Fingerprinting Form and photo ID.(906 KAR 1:190. Kentucky National Background Check Program (NBCP))
• 5An employer that receives notice that an individual has a disqualifying offense shall notify the individual within three (3) business days of receipt of the notice.(906 KAR 1:190. Kentucky National Background Check Program (NBCP))
• 6If an employee has not requested an informal or rehabilitation review, the employer shall terminate the employee no later than fifteen (15) calendar days after receipt of notice of the disqualifying offense and use the KARES system to affirm dismissal to the cabinet within three (3) business days of termination.(906 KAR 1:190. Kentucky National Background Check Program (NBCP))
• 7If an employee requests review, the employer may retain the employee pending resolution but must ensure the employee is under direct on-site supervision or reassigned to duties without one-on-one contact with a resident, patient, or client.(906 KAR 1:190. Kentucky National Background Check Program (NBCP))