KRS 216.712: Certification of personal services agency required -- Criminal background

check -- Administrative regulations -- Fees.

(1) No personal services agency shall be operated, maintained, or advertised without

obtaining a certificate as provided in this sec tion. Entities that operate personal

services agencies, as defined in KRS 216.710, in Kentucky on June 25, 2009, shall

have until December 31, 2009, to file an application for certification pursuant to this

section. All other agencies shall be required to obtain certification prior to providing

personal services. A parent personal services agency with one (1) or more branch

offices in Kentucky shall not be required to obtain separate certificates for each of

its branch offices.

(2) Each personal services agency providing direct services to clients as defined in KRS

216.710 shall perform a criminal background check on any applicant for

employment prior to employing the applicant. Each application provided by the

personal services agency to the applicant for i nitial employment shall state in a

conspicuous manner on the application "For This Type of Employment State Law

Requires a Criminal Background Check as Condition of Employment."

(3) No personal services agency shall employ a person in a position which invo lves

providing direct services to a client if the employee has been convicted of a crime as

defined by KRS 216.710.

(4) The secretary shall promulgate administrative regulations to implement this section

and KRS 216.714 and 216.716. The administrative regu lations at a minimum shall

establish:

(a) An initial and annual certification review process for personal services

agencies that does not require an on-site visit;

(b) Procedures related to applying for, reviewing, approving, denying, and

revoking certification;

(c) Fees for application and reapplication in an amount sufficient to offset the cost

to administer KRS 216.712 and 216.714;

(d) Procedures for complaint investigations;

(e) Procedures for the imposition and collection of fines as provided by KRS

216.714;

(f) Policies and procedures for the personal services agencies;

(g) Procedures for criminal background checks;

(h) Procedures to ensure the competency of the individuals providing personal

services, the requirements of written service agreements bet ween the personal

services agencies and clients or designated representatives, and the

requirements of personal service plans for the clients; and

(i) Procedures to be utilized in the conduct of hearings upon appeals in

accordance with KRS Chapter 13B.

(5) Only those personal services agencies meeting the standards prescribed for

certification shall be granted a certificate.

(6) All fees collected under the provisions of this section shall be paid into the State

Treasury and credited to the Kentucky personal services agency fund created by

KRS 216.716.

(7) Each personal services agency providing direct care to clients shall have a policy

that addresses the acceptance of personal gifts, gratuities, or loans from a client by

the agency and by any employee, agent, or contractor of the personal services

agency. The policy shall not be required to apply to personal gifts, gratuities, or

loans to the agency made by family members or friends of the client. The policy

shall, at a minimum:

(a) Prohibit the solicitation of personal gifts, gratuities, or loans from a client; and

(b) Specify the conditions under which gifts, gratuities, or loans from a client may

be accepted by the agency and by any employee, agent, or contractor of the

personal services agency.