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 Barrier Offenses for the Certified Nurse Aide Effective November 1, 2012

HB2582 and Background Checks     

Certified Nurse Aides 63 O.S. § 1-1950.1 (OSCN 2012)

The effective date for fingerprinting of Certified Nurse Aides under HB2582 will be sometime after March 1, 2013, and will be established through rulemaking and after further notice. Until then, elements in the new law that are effective as of November 1, 2012, include a revised list of employment and Certification disqualifying offenses for Certified Nurse Aides.

63 O.S. § 1-1950.1 Definitions

1. “Nurse aide” means any person who provides, for compensation, nursing care or health-related services to residents in a nursing facility, a specialized facility, a residential care home, continuum of care facility, assisted living center or an adult day care center and who is not a licensed health professional. Such term also means any person who provides such services to individuals in their own homes as an employee or contract provider of a home health or home care agency, or as a contract provider of the Medicaid State Plan Personal Care Program;

Pursuant to 63 O.S. § 1-1950.1(B), until such time as the fingerprinting requirements are implemented in rule, an employer is authorized to obtain any criminal history background records maintained by the Oklahoma State Bureau of Investigation. The following requirements apply:

  • Employers subject to this section are defined in law at 63 O.S. § 1-1950.1(A) and include:-

    • a nursing or specialized facility,
    • a residential care home,
    • an adult day care center,
    • an assisted living center,
    • a continuum of care facility
    • a home health or home care agency, and
    • the Department of Human Services, in its capacity as an operator of any hospital or health care institution or as a contractor with providers under the Medicaid State Plan Personal Care Program;

  • The employer requests the OSBI to conduct a name based criminal history background check as before and provides the Bureau any relevant information required by the Bureau to conduct the check. The employer fee is Fifteen Dollars ($15.00).
  • Temporary employment remains authorized. Provide to the Bureau the name and relevant information relating to the person within seventy-two (72) hours after the person accepts temporary employment.
  • The employer shall not hire or contract with the nurse aide on a permanent basis until the results of the criminal history background check are received,
  • The employer may accept a criminal history background report that is less than one (1) year old. The report shall be obtained from the previous employer or contractor of such person and shall only be obtained upon the written consent of the applicant.
  • Every employer subject to the provisions of this law shall inform each applicant that the employer is required to obtain a criminal history background record before making an offer of permanent employment.
  • An employer shall not hire and shall immediately terminate the employment of any applicant, for whom the results of a criminal history records search from any jurisdiction reveals that such person has a disqualifying criminal offense listed in subsection C of Section 1-1950.1.

  • Employment eligibility determination records are for the use of the Department and the employer.

  • Releasing or disclosing information in violation of this section, upon conviction thereof, is a misdemeanor.

  • As part of any inspections required by law, the Department shall review the employment files of the employer to ensure compliance with the provisions of this law.

Barrier Offenses for the Certified Nurse Aide Effective November 1, 2012

63 O.S. § 1-1950.1 (OSCN 2012)

  1. Title 63, Section 1-1950.1(C) 1. If the results of a criminal history background check reveal that the subject person has been convicted of, pled guilty or no contest to, or received a deferred sentence for, a felony or misdemeanor offense for any of the following offenses in any state or federal jurisdiction, the employer shall not hire or contract with the person:
  • abuse, neglect or financial exploitation of any person entrusted to the care or possession of such person,
  • rape, incest or sodomy,
  • child abuse,
  • murder or attempted murder,
  • manslaughter,
  • kidnapping,
  • aggravated assault and battery,
  • assault and battery with a dangerous weapon, or
  • arson in the first

2. If less than seven (7) years have elapsed since the completion of sentence1, and the results of a criminal history check reveal that the subject person has been convicted of, or pled guilty or no contest to, a felony or misdemeanor offense for any of the following offenses, in any state or federal jurisdiction, the employer shall not hire or contract with the person:

  • assault,
  • battery,
  • indecent exposure and indecent exhibition, except where such offense disqualifies the applicant as a registered sex offender,
  • pandering,
  • burglary in the first or second degree,
  • robbery in the first or second degree,
  • robbery or attempted robbery with a dangerous weapon, or imitation firearm,
  • arson in the second degree,
  • unlawful manufacture, distribution, prescription, or dispensing of a Schedule I through V drug as defined by the Uniform Controlled Dangerous Substances Act,
  • grand larceny, or
  • petit larceny or shoplifting.