Arizona Law Will Strengthen Background Checks for Job Applicants at Nursing Homes and Assisted Living Facilities in State

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Arizona Law Will Strengthen Background Checks for Job Applicants at Nursing Homes and Assisted Living Facilities in State

In March of 2022, Arizona Senate Bill 1242 (SB 1242) was signed into law by Governor Doug Ducey to strengthen background checks of individuals who want to work at nursing homes or assisted living facilities in the state by prohibiting people with felony convictions involving “violence or financial fraud” from obtaining fingerprint clearance to become licensed.

“Our nursing homes and assisted living facilities deserve accountability and leadership from their supervisors. SB 1242 accomplishes this. Our seniors – grandmothers, grandfathers, and family members – deserve nothing less to ensure their safety, happiness, and health,” Governor Ducey stated in a news release about the law on the Governor’s website.

Sponsored by State Senator Tyler Pace (R-District 25), SB 1242 enhances background checks for licensure through the Arizona Board of Nursing Care Institution Administrators and Assisted Living Facility Managers (NCIA) which will work with the Arizona Department of Health Services to establish a process for identifying and referring complaints between the agencies.

The legislation defines crimes that constitute felony convictions involving “violence or financial fraud” as forty-six specific offenses that include – but are not limited to – homicide, sexual assault, sexual abuse, child abuse, neglect of a vulnerable adult, indecent exposure, terrorism, theft, forgery, fraudulent use of a credit card, welfare fraud, kidnapping, and robbery.

In addition, beginning on January 1, 2023, the law will require each applicant for initial NCIA certification to submit a full set of fingerprints to the NCIA Board for a state and federal criminal history records check. The law also states the Arizona Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation (FBI).

ClearStar – a leading HR-technology company specializing in background checks and medical screening services – offers healthcare background checks that meet strict requirements and high standards of the senior home care industry. To learn more, contact ClearStar today. Follow ClearStar on Facebook, LinkedIn, Twitter, and YouTube.

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    Thomas Ahearn - News Blog Editor and Public Relations Specialist

    Thomas Ahearn is our News Blog Editor and Public Relations Specialist. Our News Blog provides information about the background check industry to employers, HR professionals, recruiters, and consumers. ClearStar's News covers a variety of topics including Ban the Box, credit reports, criminal records, data breaches, drug testing, Equal Employment Opportunity Commission (EEOC), E-Verify, Fair Credit Reporting Act (FCRA), HR technology, identity theft and fraud, jobs reports, lawsuits involving screening, Millennial workforce, privacy issues, social media background checks, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.

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