Current with legislation from 2024 Fiscal and Special Sessions.
Section 20-48-812 - Criminal history records checks required - Definitions(a) As used in this section: (1) "Employee" means: (A) An individual who currently works for or is being considered for hire by a service provider, including without limitation an independent contractor, subcontractor, intern, volunteer, trainee, or agent of the service provider; and(B) The individual will have direct contact with:(i) An individual with an intellectual and developmental disability;(ii) The personal property of an individual with an intellectual and developmental disability; or(iii) The funds of an individual with an intellectual and developmental disability; and(2) "Service provider" means an individual or entity providing state or federally funded services through the Division of Developmental Disabilities Services to one (1) or more individuals with intellectual and developmental disabilities as defined in § 20-48-101.(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.(c) An employee shall pass: (1) A criminal history records check as required under § 20-38-103 before employment and once every five (5) years during his or her term of employment;(2) An Arkansas Child Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment;(3) An Arkansas Adult and Long-term Care Facility Resident Maltreatment Central Registry check before employment and once every two (2) years during his or her term of employment;(4) An Arkansas Sex Offender Registry check before employment and once every two (2) years during his or her term of employment; and(5) A drug screening that tests for the use of illegal drugs before employment.Amended by Act 2023, No. 184,§ 1, eff. 8/1/2023.Amended by Act 2019, No. 1035,§ 38, eff. 7/24/2019.