§ 216.789

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 -- Tem porary employment. (1) 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 direc t 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. (2) A nursing facility, health care services age ncy 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. (3) 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

an adult. (3) 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 employ ment pursuant to KRS 216.793. (4) 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. 18 9, 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.