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NRS 449.123 — Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty
NevadastatuteNevada Legislature (Nevada Revised Statutes, Chapter 449)
What this rule requires your agency to do
- 1The administrator or licensee shall ensure the background/personal-history investigation of each employee, temporary employee or independent contractor is completed as soon as practicable, and (for residential services to children, psychiatric hospitals serving children, or psychiatric residential treatment facilities) before the person provides unsupervised care to a child (NRS 449.123(4)(a)).(NRS 449.123 — Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty)
- 2The administrator or licensee shall obtain proof that the person holds any required license, permit or certificate (NRS 449.123(1)(c)).(NRS 449.123 — Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty)
- 3Within 10 days after hiring an employee, accepting a temporary employee, or contracting with an independent contractor, the administrator or licensee shall obtain a written statement whether the person has been convicted of any crime listed in NRS 449.174, plus oral and written confirmation of that statement (NRS 449.123(1)(a)-(b)).(NRS 449.123 — Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty)
- 4The administrator or licensee shall repeat the background investigation at least once every 5 years after the date of the initial investigation (NRS 449.123(4)(b)).(NRS 449.123 — Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty)
- 5If an Internet website has been established pursuant to NRS 439.942, the administrator or licensee shall screen the person using that website and enter required information about the person on the website (NRS 449.123(1)(f)).(NRS 449.123 — Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty)
- 6The administrator or licensee shall obtain one set of fingerprints and written authorization to forward them to the Central Repository for Nevada Records of Criminal History for submission to the FBI, and shall submit those fingerprints to determine whether the person has been convicted of any crime listed in NRS 449.174 (NRS 449.123(1)(d)-(e)).(NRS 449.123 — Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty)
- 7A person who willfully provides a false statement or information in connection with the background investigation that would disqualify the person from employment (including a conviction of a crime listed in NRS 449.174) is guilty of a misdemeanor unless a greater penalty is provided by law (NRS 449.123(8)).(NRS 449.123 — Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty)
Applies to: personal care
Requires the administrator or licensee of a facility, agency, program or home (including a personal care services agency) to conduct fingerprint-based state and FBI criminal background investigations of each employee, temporary employee and independent contractor within 10 days of hire, verify licenses/certificates, screen via the state registry, and repeat the investigation at least every 5 years, with a misdemeanor penalty for false statements.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.