KRS 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.

(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 information from the Justice and Public Safety Cabinet for

any applicant for employment 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.