2022 Kentucky Revised Statutes Chapter 216 - Health facilities and services 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.
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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.
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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.
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.
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.
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.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 110, sec. 11, effective July 14, 2022. -- Amended
2007 Ky. Acts ch. 85, sec. 248, effective June 26, 2007. -- Amended 2000 Ky. Acts
ch. 141, sec. 17, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 189, sec. 4,
effective July 15, 1998; and ch. 380, sec. 2, effective July 15, 1998. -- Created 1994
Ky. Acts ch. 427, sec. 4, effective July 15, 1994.
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