Section 216.789 - Prohibition against employing certain felons at long-term care facilities, health care services agencies providing staff to nursing facilities, or in assisted living communities - Preemployment check with Justice and Public Safety Cabinet - Temporary employment(1) No long-term care facility as defined by KRS 216.535(1), health care services agency providing staff to a nursing facility, or assisted living community shall knowingly employ a person in a position which involves providing direct care services to a resident or client if that person has been convicted of a felony offense related to theft; abuse or sale of illegal drugs; abuse, neglect, or exploitation of an adult; or a sexual crime.(2) A nursing facility, health care services agency providing staff to a nursing facility, or assisted living community may employ persons convicted of or pleading guilty to an offense classified as a misdemeanor if the crime is not related to abuse, neglect, or exploitation of an adult.(3) Each long-term care facility as defined by KRS 216.535(1), health care services agency providing staff to a nursing facility, or assisted living community shall request all conviction information from the Justice and Public Safety Cabinet for any applicant for employment pursuant to KRS 216.793.(4) The long-term care facility, health care services agency providing staff to a nursing facility, or assisted living community may temporarily employ an applicant pending the receipt of the conviction information.Amended by 2022 Ky. Acts ch. 110,§ 11, eff. 7/13/2022.Effective:6/26/2007
Amended 2007, Ky. Acts ch. 85, sec. 248, effective6/26/2007. -- Amended 2000, Ky. Acts ch. 141, sec. 17, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 189, sec. 4, effective 7/15/1998; and ch. 380, sec. 2, effective 7/15/1998. --Created 1994 Ky. Acts ch. 427, sec. 4, effective 7/15/1994.