Arkansas Healthcare Background Check
Healthcare providers across Arkansas must conduct a background check on their employees before hiring them. State and federal laws prohibit employers from failing to conduct background checks on employees. Failure to do so could result in penalties and fines. Additionally, violating these laws could expose a business to lawsuits and litigation claims. In addition, the Fair Credit Reporting Act helps to protect the privacy of consumers' information. Therefore, it is crucial to safeguard the information provided by potential employees by conducting a complete background check on them.
Many employers in Arkansas run a background check on their employees before hiring them. This can help them identify unqualified applicants and those with criminal convictions. While the majority of Arkansas employers conduct a background check on entry-level applicants, the positions of the executive have more sensitivity than employees in regular positions. Executives and managers have access to sensitive data and intellectual property belonging to their employers. This is the reason why executive background checks are typically more extensive. But how can you tell whether you've hired a reliable and honest candidate?
The applicant must take an alcohol and drug screening based on the job position. The results of the tests will be given directly to the manager hiring for review. The hiring manager will call other units as needed should the information supplied by the applicant is found to be unqualified. A third-party vendor may also conduct the background check for you. These are reports for consumers that the Fair Credit Reporting Act covers. So, it is recommended to check with the HR department before hiring a new employee.
Human Resources will review the report together with the hiring manager and responsible unit heads. Alongside the hiring manager, Human Resources will consult with the Office of Equal Opportunity and Compliance General Counsel and The University of Arkansas Police Department. The hiring manager will evaluate the circumstances if there are convictions in the background. But, having convictions is not a reason to disqualify the applicant. It is recommended to conduct a background check if you have questions.
An Arkansas healthcare background check can reveal a range of issues. For example, suppose the applicant is seeking an occupation that requires drivers. In that case, they'll probably have to undergo a background check to ensure they don't have a criminal history. In addition, many employers require an initial drug test for their employees. A conviction for a crime with a maximum penalty exceeding ten years is not recorded if the conviction is sealed as per it is a requirement of the Federal Fair Credit Reporting Act allows employers to have a seven-year lookback period for non-felony offenses.
No matter the purpose behind your background check, it is essential to be aware of the laws in the state that govern health care workers. For example, EEOC guidelines require employers to consider criminal convictions when hiring decisions, as does Arkansas Code Ann. SS 12-12-1601 et seq. This act prevents employers from forcing applicants to divulge social media passwords or not denying them jobs because of their social media accounts.
If you've been granted permission to attend the College of Nursing and Health Professions, you must provide your fingerprints for the state's police background check. The check will cost between $50-$100 and lets you challenge any negative information using an Adverse Action process. If the report is returned with any details about someone, the clinical site will examine the data and then decide according to the criteria of the website. They will also decide whether you're eligible to go on to college or not.
Concerning background checks, The state police of Arkansas has two distinct systems for keeping track of criminal records. One system offers details on criminal records to people, while the second concentrates on background checks without written authorization. Furthermore, the state-issued records do not contain information on educational background or work information. So, state and federal laws are more appropriate. However, they do not guarantee the substantive fairness of the legal due procedure.
Although state agencies have various records on the employees they employ, employers can access Arkansas' Department of Health's site to conduct a background check on their chosen employee. The state website contains an index of the Circuit courts located in Arkansas. In addition, the Arkansas Administrative Office of the Courts offers answers to frequently asked questions regarding CourtConnect. You can also look up domestic, civil, or criminal relations, probate, or other cases. Certain of them contain images from the court case.
Arkansas Code - Title 20 - Public Health And Welfare
Subtitle 2 Health And Safety
Chapter 38-Criminal Background Checks
SS 20-38-1003 - Criminal history records checks for applicants or employees working for a service provider.
20-38-103. Criminal history checks -applicants and employees from service companies.
(a) (1) Prior to making an offer to hire, the service provider must inform the applicant that employment is contingent upon the positive results of criminal background checks.
(2) If the service provider plans to offer the job to an applicant, the service provider will conduct criminal background checks on the candidate in accordance with this section.
(3) If the service provider can prove that the applicant's residence has been all the time in the state during the last five (5) years, the service provider will ask the applicant to complete an informational criminal history check form. The form must:
(A) Start an Arkansas criminal history record review on the applicant by the Identification Bureau of the Department of Arkansas State Police; and
(B) Conduct an investigation of the registry of the applicant according to the guidelines of the appropriate licensing or certification agency.
(4) When the company is unable to verify whether the person has resided all the time in the state during the last five (5) years, the service provider must ask the applicant to fill out an informational check on the criminal history form as well as an entire set of fingerprints. They will:
(A) Begin an initial statewide criminal history records search on the applicant through the Identification Bureau;
(B) Transfer the fingerprints of the applicant (C) to the Identification Bureau to initiate a national criminal history background examination of the applicant and
(C) Examine the registry of the applicant following the regulations of the relevant licensing or certification agency.
(b) Once a service provider meets the requirements of the licensing or certifying agency that conducts registration checks for applicants seeking work, the provider can employ an applicant on a conditional basis until it receives a decision from the licensing or certification agency.
(c) If the service provider makes use of temporary employees to offer services, the service provider must:
(1) Use an agreement to specify the requirements for putting temporary employees at the service provider.
(2) Check that the contract for the utilization of temporary employees stipulates that the business providing the temporary workers comply with the following conditions:
(A) The company is accountable for conducting a criminal record check on every temporary employee who is covered by this subchapter before the appointment on the company's service and
(B) The entity must keep all records about criminal history checks for every temporary employee employed by the service provider. The entity shall give copies of the information to service providers, which will be provided at the proper licensing and certifying authority on demand.
(d) A provider must inform employees that employment is contingent upon satisfactory results of the criminal records checks. The company must periodically conduct criminal history checks on all employees, not more than (1) each (5) five years.
(e) (1) (A) If a service provider makes a request for a criminal history record review of an applicant for employment with or as an employee of the company, The Identification Bureau shall issue within twenty-four (24) hours an electronic report to the service provider as well as the licensing or certifying agency.
(B) If an entity initiates an application for a national criminal history record check for the applicant for employment as an employee or employee for the provider, the Identification Bureau shall issue a report to the licensing agency or certifying agency within 10 days following receiving information from the nationwide criminal record check conducted by the Federal Bureau of Investigation.
(2) After receiving an identification investigation report by the Identification Bureau, the licensing or certifying authority shall decide if the employee or applicant is not able to work for the service provider on account of the criminal record of the person applying or the employee and forward the determination for the company to be.
(3) (A) the licensing or certifying authority finds that an employee or applicant is not able to work because of the criminal history of the employee or applicant, the service provider may not offer an applicant employment or suspend any employment for the employee.
(B) When the licensing and certifying authority decides that an employee or applicant is not disqualified from working or there is no criminal history of the employee or applicant, the service provider can employ the applicant or maintain the employee's employment.
(f) (1) the person who is the subject of a criminal history records check is offered employment by an establishment for children or a child care facility that is a church-exempt facility; the person subject of the criminal history record check will not be charged an amount for the statewide criminal record report required under this section.
(2) The person subject to an investigation into criminal records is responsible for paying any cost related to the nationwide criminal record check.
(g) A person can contest the accuracy or completeness of their criminal history record under 12-12-1013.
Updated on 2022-08-04 21:33:49 by larry coleman