Nev. Admin. Code § 433.420

Current through October 11, 2024

Section 433.420 - Provider required to obtain criminal background check on employee who serves on vehicle that transports patients; exceptions

1. Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee who serves on a vehicle that transports patients, a provider shall:

(a) Obtain a written statement from the employee stating whether he or she has been convicted of any crime listed in NRS 449.174;

(b) Obtain from the employee one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(c) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (b) to obtain information on the background and personal history of the employee to determine whether he or she has been convicted of any crime listed in NRS 449.174; and

(d) If an Internet website has been established pursuant to NRS 439.942:

(1) Screen the employee using the Internet website. Upon request of the Division, proof that the employee was screened pursuant to this subparagraph must be provided to the Division.

(2) Enter on the Internet website information to be maintained on the website concerning the employee.

2. A provider is not required to obtain the information described in subsection 1 from an employee who serves on a vehicle that transports patients if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee has not been convicted of a crime set forth in NRS 449.174.

3. A provider is not required to obtain the information described in subsection 1 from an employee who serves on a vehicle that transports patients if:

(a) The employee agrees to allow the provider to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee of a crime listed in NRS 449.174;

(b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(c) The report of the Federal Bureau of Investigation indicated that the employee has not been convicted of any crime set forth in NRS 449.174.

4. A provider shall ensure that the information concerning the background and personal history of each employee who serves on a vehicle that transports patients:

(a) Except as otherwise provided in subsections 2 and 3, is completed as soon as practicable; and

(b) Is completed at least once every 5 years after the date of the initial investigation.

5. The provider shall, when required:

(a) Obtain one set of fingerprints from the employee;

(b) Obtain written authorization from the employee to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.

Nev. Admin. Code § 433.420

Added to NAC by Div. of Men. Health & Dev. Services by R013-20A, eff. 8/26/2020

NRS 433.324, 433.3317, 439.200