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Kentucky Healthcare Background Check

The Kentucky National Background Check Program provides an enhanced job-related background check screening through the Kentucky Applicant Registry and Employment Screening System (KARES). This background screening procedure includes ongoing and automated abuse registry checks and fingerprint-based background checks with the Kentucky State Police and the FBI.

KARES employs digital fingerprint scans to minimize identification errors and to conduct ongoing criminal screening. In addition, continuous assessment, previously referred to as rap back, allows updates on the possibility of future employee arrests. The providers can also access available Kentucky criminal background reports.

For more information about continuous assessment, as well as other features of the system, please look up the FAQ section near the bottom of this page.

The KARES Web Portal

The KARES web portal supports the Kentucky National Background Check Program (NBCP), a fingerprint-supported state and FBI background check program available to eligible employers licensed by the cabinet. By including FBI checks in the current requirements for background checks, employers can ensure that their applicants aren't hiding the criminal acts that have occurred in other states.

Providers that are currently eligible to be a part of Kentucky's NBCP

  • Long-term care facilities include nursing homes, nursing facilities, intermediate care facilities, Alzheimer's nursing homes as well as personal care homes, as well as intermediate care facilities designed for people who have intellectual disabilities.
  • Nursing pools that employ staff for long-term care facilities
  • Adult day health care programs;
  • Assisted-living communities;
  • Health care agencies at home;
  • Personal services agencies;
  • Providers of hospice care comprising residential hospice providers;
  • Service providers of community and home-based services; as well as
  • Other health care facilities or services licensed under KRS Chapter 216B, as well as other health providers licensed from the cabinet for which a national and Kentucky state healthcare background check is required as an essential condition for employment.

Fingerprint Collection Sites

Once the form for a background check is submitted, the report is then delivered to a third-party vendor. The vendor creates the UE ID and then contacts the applicant via email to make an appointment to have their fingerprints taken. Candidates must bring an acceptable photo ID issued by the government to be fingerprinted.

A KARES job seeker must fill out an application on the KARES system before they can be fingerprinted.

NECESSITY CONFORMITY, FUNCTION, AND NECESSITY KRS 194A.050(1) requires the secretary of the Cabinet for Health and Family Services to issue administrative regulations that are necessary for the operation of programs and to fulfill the duties entrusted to the cabinet, be eligible to receive federal funding, as well as work with federal and state agencies for the proper administration of its program and cabinet. 42 U.S.C. 1320a-7I instructs the Secretary of the United States Department of Health and Human Services to create an initiative to determine efficient, cost-effective, efficient, and affordable ways that allow facilities for the long-term and service providers who conduct background screenings on potential direct access employees on a national basis. The Cabinet for Health and Family Services, Office of Inspector General, is charged with the responsibility to oversee and coordinate Kentucky's fingerprint-supported NBCP initiative. This administrative regulation sets out procedures for the operation of Kentucky's NBCP as a voluntary program. The rules set out by this rule applicable to participants who are not required to participate in the KARES members are added to name-based state-only background check requirements of KRS 216.533, 216.712(2), 216.787, and 216.789.

The Section 1. Definitions. (1) "Applicant" means an individual who: (a) Applies for employment with an employer identified in subsection (6) of this section; or(b) Is subject to background screening by a professional licensing board that enrolls contingent upon approval by the Federal Bureau of Investigation and Department of Kentucky State Police in the Kentucky NBCP.(2) "Cabinet" means the Cabinet for Health and Family Services.(3) "Criminal background check" means a state and national fingerprint-supported criminal history background check performed by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI) and includes a comparison of the applicant's fingerprints with any fingerprints that may be on file with KSP or the FBI.(4) "Disqualifying offense" means: (a) A conviction of, or a plea of guilty, an Alford plea, or a plea of nolo contendere to 1. A misdemeanor offense related to a. Abuse, neglect, or exploitation of an adult as defined by KRS 209.020(4);. Abuse, neglect, or exploitation of a child;c. A sexual offense. Assault occurring less than seven years from the date of the criminal background check;e. Stalking occurring less than seven years from the date of the criminal background check;. Theft occurs less than seven years from the date of the criminal background check, excluding KRS 514.040;. Fraud occurring less than seven years from the date of the criminal background check;. Unlawfully possessing or trafficking in a legend drug or controlled substance occurring less than seven years from the date of the criminal background check;i. KRS 525.130, Cruelty to animals in the second degree - Exemptions - Offense involving equines;j.KRS 525.135, Torture of dog or cat; Any other misdemeanor offense relating to abuse, neglect, or exploitation that is not listed in this subsection and occurred less than seven years from the date of the criminal background check;. A criminal offense against a victim who is a minor, as defined in KRS 17.500;. A felony offense involving a child victim;. A felony offense under KRS Chapter 209, protection of adults;b.KRS 217.182, Sale, distribution, administration, prescription, or possession of legend drugs - Penalty;. KRS Chapter 218A, controlled substances;. KRS 506.120, Engaging in organized crime;. KRS Chapter 434, offenses against the property by fraud; KRS Chapter 507, criminal homicide;. KRS Chapter 507A, fetal homicide;. KRS Chapter 508, assault and related offenses;. KRS Chapter 509, kidnapping and related offenses;. KRS Chapter 510, sexual offenses;. KRS Chapter 511, burglary and related offenses;. KRS Chapter 512, criminal property damage;. KRS Chapter 513, arson and related offenses;. KRS Chapter 514, theft and related offenses, excluding KRS 514.040;. KRS Chapter 515, robbery;. KRS Chapter 516, forgery and related offenses;. KRS Chapter 517, business and commercial frauds;. KRS Chapter 520, escape and other offenses related to custody;. KRS Chapter 525, riot, disorderly conduct, and related offenses;. KRS Chapter 527, offenses relating to firearms and weapons;. KRS Chapter 529, prostitution offenses;. KRS Chapter 530, family offenses, excluding KRS 530.050;. KRS Chapter 531, pornography; or. Any other felony offense relating to abuse, neglect, exploitation, drugs, theft, or fraud not listed in this subsection;. An offense under a criminal statute of the United States or another state similar to an offense specified in this paragraph; or A crime described in 42 U.S.C. 1320a-7;(b) A criminal charge pending or outstanding warrant for a criminal offense that is connected to 1. Sexually-related crimes according to KRS 17.500(8);. KRS Chapter 209, protection for adults;. KRS 218A.1412 trafficking of controlled substances in the first degree--Penalties;. KRS Chapter 507, Criminal homicide;. KRS Chapter 508, Involvement and related offenses;. KRS Chapter 509, Kidnapping and related offenses. KRS Chapter 510, Sexual crimes;. KRS Chapter 513, Arson and related offences;. KRS Chapter 515, Robbery;. KRS Chapter 516, Forgery, or. KRS Chapter 531, Pornography;(c) A non-state or federal criminal charge that is pending, or an outstanding warrant issued by any other state or jurisdiction which is similar to an offense that is specified within section (b) of the said section;(d) A verified report of abuse, neglect or theft of property or assets by a state or federal agency as a result of an investigation that is conducted according to 42 U.S.C. 1395i-3 and 1396r;(e) registration as a sex offender under federal law or the laws or regulations of any particular state. or(f) being listed in a registry described under subsection (10) in this section.(5) "Employee" is any person that: (a)1. Is hired directly or under contract with an employer as defined by subsection (6) in this subsection, and who has obligations that require or require one-on-one interaction with a resident, patient, or customer; or 2. Except as provided by Section 2(3)(c) through (e) in this regulation is a volunteer who is performing duties comparable to the responsibilities of an employee offering direct services. The tasks involve or require one-on-one interaction with a resident, patient, or customer; and(b) has access to personal belongings or funds belonging to a patient or resident client.(6) "Employer" is: (a) A long-term health facility as defined in KRS 216.510;(b) Nursing pools, as defined in subsection (9) of the section, which provides personnel to a facility that is a long-term health care or provider;(c) A daycare for adults as defined in KRS 216B.0441; health care service as defined by KRS 216B.0441;(d) A assisted living community, as defined by KRS 194A.700;(e) The term "home-health" refers to an organization according to KRS 216.935;(f) The term "provider" refers to a hospice care provider according to 42 U.S.C. 1395x(d)(1), which is licensed under KRS Chapter 216B. (g) A personal services agency, as defined in KRS 216.710; (h) A long-term care hospital, as defined in 42 U.S.C. 1395ww(d)(1)(B)(iv);(i) A provider of home and community-based services authorized under KRS Chapter 205;(j) A staffing agency with a contracted relationship to provide one (1) or more employers as listed in this subsection with staff whose duties are equivalent to duties performed by an employee according to subsection (5) of this section; or(k) Any other provider licensed by the cabinet for which a state and national background check is required as a condition of employment.(7) "KARES system" means the cabinet's secure, web-based application used to facilitate abuse registry and fingerprint-supported state and national criminal background checks for authorized users of the system.(8) "Kentucky National Background Check Program" or "NBCP" means a background screening program administered by the Cabinet for Health and Family Services, Office of Inspector General to facilitate registry and fingerprint-supported state and national criminal history background checks conducted by the Department of Kentucky State Police and the Federal Bureau of Investigation for the following:(a) Prospective employees of any employer identified in subsection (6)(a) through (j) of this section that participates voluntarily in the Kentucky National Background Check Program;(b) Any other individuals required by state law or administrative regulation to submit to a state and national background check as a condition of: 1. Employment; or 2. Licensure, certification, or registration by a professional licensing board contingent upon approval by the Federal Bureau of Investigation and Department of Kentucky State Police in the Kentucky NBCP; and(c) May include individuals seeking approval as a kinship caregiver or foster or adoptive parent.(9) "Nursing pool" means a person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in or with a long-term care facility or provider for medical personnel, including nurses, nursing assistants, nursing aides, and orderlies.(10) "Registry" means the: (a) Nurse aide abuse registry maintained according to 906 KAR 1:100 and 42 C.F.R. 483.156; (b) child abuse and neglect registry that is maintained under 922 KAR 1:1470 as required under 42 U.S.C. 671(a)(20); (c) List of Excluded Individuals and entities kept by United States Department of Health and Human Services, Office of Inspector General following 42 U.S.C. 1320a-7;(d) registry of caregiver misconduct that is required under KRS 209.032; and(e) the abuse registry in any form as well as the registry of neglect and abuse in other states if the applicant was a resident or employed in the said state.(11) "State" refers to a state in KRS 446.010(40).(12) "Violent criminal" is defined in KRS 439.3401(1).Section 2. Application and exceptions. (1) The administrative rule will establish the guidelines for the registration for criminal background screening for prospective employees applying for employment with an employer that is: (a) a State-owned or managed health facility licensed following KRS Chapter 216B; or(b) private long-term care provider who participates with KY's NBCP.(2) It is a governmental rule that does not apply to employees currently employed by any employer who participates in Kentucky's National Background Check program. Kentucky National Background Check program.(3) An employee who is a prospective hire shall not comprise: (a) An individual who is contracted by an independent participant in the KARES program to provide utility communications, construction, or other services when the services contracted are not directly connected to the service provided to a patient, resident or customer or customer of the employer;(b) An individual who is a physician dentist, surgeon psychiatrist, psychologist podiatrist, audiologist optometrist, ophthalmologist and therapists, phlebotomists or any health professional who is authorized to work in Kentucky and is in agreement with an employer where the requirement for a background check is required as an essential requirement for licensure. licensure;(c) an employee or member of a religious or community-based organization that offers volunteer services that are not involving unsupervised interactions with a patient or resident;(d) Students are taking part in an internship; or(e) A family person or friend visiting the patient or resident. Section 3. Continuous Assessment. (1) To make sure that the information is up-to-date for the KARES system and to ensure that the system is up-to-date, the cabinet will work in conjunction with the Department of Kentucky State Police (KSP) to establish an ongoing assessment process whereby the KSP:(a) Keeps the fingerprints of a person who is screened by the Kentucky NBCP: 1. The minimum timeframe is five (5) years at the fingerprint submission, and 2. A five (5) annual renewal basis after that; and(b) Facilitates the retention of fingerprints submitted by the FBI when they are approved to use the FBI's Next Generation Identification (NGI), the rap back service.(2) When the KARES system is implemented, the procedure for continuous assessment and verification, there will be a notification from the Department of Kentucky State Police will notify the cabinet of any triggering events for each applicant following the first processing of the applicant's background check. background check, subject to the applicable rules that The Department of Kentucky State Police and the FBI are in effect.Section 4. Participation in The Kentucky NBCP. To enroll in the Kentucky NBCP, an employer or a participating professional licensing board shall:(1) Log on to the KARES portal; and(2) Confirm acceptance of the terms and conditions for using the KARES system.Section 5. Registry and Criminal Background Checks: Procedures and Payment.(1) To initiate the process for obtaining a background check on a prospective employee or licensee, the employer or participating professional licensing board shall: (a) Request that the applicant provide a copy of their driver's license or other government-issued photo identification and verify that the photograph matches the applicant;(b) Request that the applicant sign the OIG 1:190-1, Disclosures to be provided to and Signed by Applicant for Employment or Licensure;(c) Request that the applicant complete the OIG 1:190-2, Waiver Agreement and Statement; and(d) Log on to the KARES portal, which shall be a secure web-based system maintained by the cabinet, and enter the applicant's demographic information for a check of: 1. Each registry as defined by Section 1(10) of this administrative regulation; and 2. Available databases are maintained separately by the Kentucky Board of Medical Licensure, Kentucky Board of Nursing, Kentucky Board of Physical Therapy, and any other available professional licensing board with oversight of health care professionals, including behavioral health professionals, to validate the applicant's professional licensure status, if applicable.(2) If an applicant is cleared for hire after a check of the registries and databases identified in subsection (1)(d) of this section, the participating entity shall submit payment via credit or debit card for the criminal background check.(3)(a) A participating entity enrolled in the Kentucky NBCP shall pay a non-refundable fee not to exceed twenty-five (25) dollars to cover the cabinet's administrative cost for facilitating a criminal background check in addition to any fees charged by the Department of Kentucky State Police and the FBI for the actual cost of processing a fingerprint-supported state and national criminal background check and for providing continuous assessment services as described in Section 3(2) of this administrative regulation.(b) If an applicant's continuous assessment period identified under Section 3 of this administrative regulation has not expired, a fee of twenty (20) dollars shall be charged to view the applicant's current fitness determination and process a new application, in which case a new fingerprint check is not needed.(4)(a) Upon submission of payment according to subsection (3) of this section, the employer or other participating entity shall print a copy of the Live Scan Fingerprinting Form from the KARES portal and provide the form to the applicant.(b) The applicant shall: 1. Have thirty (30) calendar days from the date of payment according to subsection (2) of this section to submit their fingerprints at an authorized collection site; and 2. Present the Live Scan Fingerprinting Form, driver's license, or other government-issued photo identification to the designated agent at an authorized collection site before fingerprint submission.(5) Upon completion of a criminal background check, the cabinet: (a) Shall provide notice to the employer that the applicant is: 1. Eligible for hire; or2. Not eligible for hire if the cabinet finds the applicant to have a disqualifying offense as identified in Section 1(4) of this administrative regulation;(b) May release any record of state criminal history found in the files of Kentucky centralized criminal history record information system to the employer or entity listed on the OIG 1:190-2, Waiver Agreement and Statement incorporated by reference in Section 14 of this administrative regulation; and(c) Shall, upon receipt of a written request from an applicant, send a copy of any of a KSP or FBI criminal history report to the applicant by certified mail, restricted delivery service. The applicant must show the proof of identity and then sign to receive the criminal background report by the local office of the post. office.(6) The employer will not be required to hire or provide the position to an applicant who has been determined in the hands of the cabinet as being a candidate to be hired following section (5)(a) of the said section.Section 6. Provisional Employment. The applicant is eligible for temporary employment.(1) If the applicant isn't found in a registry, and the applicant's license is validated. If the license is valid, then an employer may employ the applicant to provide temporary employment while completing the background check. (2) The period of temporary employment shall:(a) not begin before the date that the applicant has submitted their fingerprints; and(b) Not exceed sixty (60) calendar days after the date of the fingerprint collection.(3) When in the period of the temporary employment, the applicant shall not be granted supervisory or disciplinary powers or have regular contact with residents, patients or customers without supervision on the premises and readily available to the individual.Section 7. The applicant is not eligible to be hired. Employers participating with The KARES program or a health facility owned by the state facility should not hire the applicant, contract with, or permit to be an employee any person who is subject to an initial background check if one (1) or more of the following criteria are met:(1) the applicant fails to submit a photo ID or fill out the disclosures Form or Waiver Agreement and Statement Form that is required in Section 5(1) (b) and (c) of the said regulatory regulation;(2) the applicant has been identified as being on a registry, according to 1(10) of this administrative rule. 1(10) of the regulation; (3) The applicant's professional license is not in good standing. regulation;(3) If the professional's certificate isn't in good standing or good standing, if applicable;(4) the applicant does not submit fingerprints to the authorized collection facility in the 30 days after the date of payment as per 5(3) of this administrative regulation; or 5(3) of the administrative regulation. or(5) after the completion of the initial background check for an applicant, or following the completion of the initial background check for an applicant, or following the initial check of fingerprints on employees currently employed by an employer or cabinet agency, or the state-owned or operated health center is notified by the cabinet that an applicant isn't suitable for employment due to an official determination by the cabinet that the person is found to be guilty of an ineligible offense. Section 8. The notice of disqualifying offense and appeals. (1) A cabinet will inform each prospective or employee currently found to have committed a disqualifying offense.(2) The notification must be in addition to the notification from the cabinet of the disqualifying offense, as required by subsection (1). The employer who receives notification that the individual has been found to be disqualified will notify the individual of the decision of the cabinet three (3) days after receiving the notice. notice. (3) The applicant or employee currently receiving notification of a disqualifying offense could: (a) Challenge the validity of the cabinet's decision concerning a disqualifying crime by writing a request for an informal review with any other information that the applicant would like to review in the Office of Inspector General, Cabinet for Health and Family Services at The address for the request is 275 East Main Street, 5E-A, Frankfort, Kentucky 40621 in 10 (10) of the date from the date of notification of the offense that disqualifies them; or(b) Request a rehabilitation review under the section 10(2) of this administrative regulation. 10(2) of the administrative regulation.(4) When an informal review is completed, informal review, if required by subsection (3)(a) of the section, The Office of Inspector General shall, within 10 days of receiving the request, send an official written notification to the employee or applicant that the cabinet decides to either uphold or reverse the decision of the cabinet regarding an inadmissible offense.(5) The applicant or an employee currently employed may appeal the outcome of an informal review or rehabilitation review that is conducted as per Section 10 of this administrative rule in writing an application for an administrative meeting within thirty (30) calendar days from the date of notification of the decision. (30) thirty (30) calendar days of the date of notification of the decision resulting from the informal or rehab review.(6)(a) A request to hold an administrative hearing should be sent to the Office of the Ombudsman, Cabinet for Health and Family Services. The address is 275 East Main Street, 1E-B, Frankfort, Kentucky, 40621.(b) The administrative hearing must be scheduled no more than forty-five (45) hours after the Office of the Ombudsman receives the request if the applicant or employee consents to an earlier date.(c) The issues to be addressed in the hearing will be limited to questions raised directly and considered in an informal review of rehabilitation. review.(d) The hearing for administrative reasons is conducted following the KRS 13B.080.(e) A hearing officer issues the recommended order following 13B.110. 13B.110.(f) the secretary or designated representative issues the final order per 13B.120. 13B.120.(7) If the employee or applicant is seeking to challenge the validity of the results of a background check, the cabinet will: background check, the cabinet will send the person to the appropriate federal or state police department. agency.(8) If the applicant or current employee contests the findings that the applicant is the real applicant for the results of an investigation into a registry and the cabinet refers the individual to the organization responsible for maintaining the registry.Section 9. Resignation of an Employee after receiving notice of a Disqualifying Infraction. (1) If a temporary worker or employee currently employed hasn't sought an informal or rehabilitation review following the provisions of Section 8(3) of the administrative rule, an employer is required to (a) Terminate the employee not later than 15 calendar days following receiving notice of the disqualifying offense and(b) use to use the KARES system to send an electronic notifications to cabinet confirming the dismissal of an employee in three (3) business days after termination.(2)(a) If an employee on probation or the employee is currently in employment and requests an informal hearing or rehabilitation review per the provisions of Section 8(3) in this regulation and the employer agrees to 1. can retain the employee until the conclusion of the employee's informal review, or rehabilitation review; and. The employer must ensure that the employee is in the following categories. subject to on-site, direct supervision or. assigned to tasks that do not require one-on-one contact with a patient, resident, or employer's client.(b) The employer may dismiss the employee if one of the following occurs: 1. informal review is following the cabinet's decision to declare an offense that is disqualifying or the rehabilitation committee cannot give a waiver; and 2. The employee fails to seek an administrative hearing in the manner specified in the provisions of Section 8(5) of the administrative regulation, and in that the employer is required to terminate the employee not after the thirty-first calendar day following the receipt of a written notice of the outcome from the review, whether informal or rehabilitation review.(c) If employees request an administrative hearing to appeal the decision of the informal or rehabilitation reviews, the employer: 1. may retain the employee until a decision on the appeal, in cases where the employee. is under the supervision of a direct and on-site employee or. is assigned jobs that do not involve individual contact with a resident or patient, and 2. It will dismiss the employee as soon as is practicable following the issuance of a final decision when the employee fails to prevail.(d) If the applicant or employee is a KARES user, KARES system The employer must send the cabinet with an electronic notice that confirms the dismissal of the employee three (3) days after termination.Section 10. Rehabilitation Review. Rehab Review.(1)(a) The employee or applicant who has been found to be a victim of a disqualifying offense after the completion of an investigation into the background of a review of a criminal background check shall be eligible to be considered for rehabilitation under the independent review process.(b) The consideration of a disqualifying offense within the rehabilitation review process that is described in this section will not apply to the following: 1. Disqualifying felony convictions that occurred within 7 (7) seven (7) years before the time of the background review;2. A disqualifying felony or misdemeanor offense that is connected to neglect, abuse, or abuse of an adult, as identified by KRS 209.020(4) as a child or sexual offense. The registration of a sexual offender under federal law or the laws of any state. As defined by Section 1(12) of this administrative regulation, a person with a criminal record. offenders following section 1(12) of the administrative regulation. 5. A pending criminal charge or outstanding warrant for a crime is described under section 1(4)(b) of the administrative regulation.(2)(a) A prospective or current employee may make an application in writing for a revision of their rehabilitation to the cabinet, not after 14 calendar days after the date of notification of the cabinet's decision issued following section 8(1) of the administrative regulation about the determination of a non-qualifying offense.(b) If an employee or applicant requests an appeal for a rehabilitation review or rehabilitation review, the employee could remain on staff and is at risk of being terminated as per the provisions of Section 9(2) of the regulation. regulation.(3) Requests for rehabilitation reviews must be submitted in writing. review of rehabilitation must be accompanied by details such as information:(a) The written description of each disqualifying crime and a description of the offense, which includes: 1. An explanation of the events that led to the offense that disqualified it; 2. The time before the occurrence of the disqualifying crime;3. The amount of time the offender was in prison at the time of the disqualifying incident 4. Other circumstances that may have led to the offense;(b) Documentation from the official proving the number of fines, including the court-imposed fines and the cost of restitution, has been paid or evidence of compliance with a payment schedule and, if it is applicable;(c) The date on which probation or parole was successfully completed or completed, if applicable; and(d) The applicant's character and employment references, along with any other evidence that proves the capability of the individual to fulfill the responsibilities of employment and obligations competently.(4) The rehabilitation review must take place by an oath-taking panel comprised of three (3) members of the cabinet. of whom:(a) is an Office of Inspector General employee or(b) was accountable for determining whether the person has been found guilty of a disqualifying offense.(5) A committee must examine the information required by subsection (3) of the section and will take into consideration any mitigating circumstances, including (a) The amount of time in the period since an infraction that disqualified the applicant; (b) offense;(b) the absence of a connection between the offense that disqualifies an individual and the job to which the applicant has applied; and(c) Evidence that the applicant has sought or has achieved rehabilitation in relation an infraction that disqualifies them. offense.(6) Not later than 30 calendar days following receiving the written request for a rehabilitation review, The Department of Inspection will notify the committee of its decision on the request for a rehabilitation waiver for the applicant. applicant.(7) The decision of the committee is subject to appeal. the committee will be susceptible to appeal according to the provisions of Section 8(5) and (6) of the administrative regulation.(8) Employers shall not be bound to employ or provide the position to an employee who has received an exemption under the provisions of this section.Section 11. Pardons and expungements. The applicant who received the pardon of the disqualifying offense or has been granted an expungement of their record is eligible for employment privilege. 

Section 12. The status of employment. An employer participating in KARES shall maintain the employment status of each employee who has submitted to a fingerprint-supported criminal background check by reporting the status using the KARES web-based system.

Section 13. Kentucky National Background Check Fund. (1)(a) The Cabinet shall create a trust and agency fund known as the Kentucky National Background Check fund, which will be administered in the Finance and Administration Cabinet. (b) The fund will be financed by funds collected according to section 5(3) of the administrative rule. (2) The funds shall be used exclusively to run the Kentucky National Background Check program. 

Section 14. The termination of participation. The cabinet shall end an employer that has voluntarily participated within the Kentucky NBCP for an amount of not less than 90 (90) days if there is a significant non-compliance by the employer with the adhere to the requirements in this Administrative Regulation.

Section 15. Incorporation via Reference. (1) This information is incorporated into the document by reference:(a) OIG 1:190-1, "Disclosures to be provided to and signed by the applicant for Licensure or Employment" September 2016;(b) OIG 1:190-2, "Waiver Agreement and Statement" September 2016; and(c) OIG 1:190-D, "Live Scan Fingerprinting Form" May 2013. (2) This document can be examined, copied, or obtained subject to the applicable copyright laws, in the Office of Inspector General, at 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, from 8 a.m. until 4:30 p.m.

906 KAR 1:90

40 Ky.R. 203; 873; 1085; eff. 12-10-2013; 43 Ky.R. 806, 1427, 1574; eff. 3-31-2017; 45 Ky.R. 181; eff. 11-27-2018.

Updated on 2022-11-04 19:33:49 by larry coleman

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