{"data":{"id":"us-ky/krs-216.712","jurisdiction":"us-ky","citation":"KRS 216.712","heading":"Certification of personal services agency required -- Criminal background","body":"check -- Administrative regulations -- Fees.\n(1) No personal services agency shall be operated, maintained, or advertised without\nobtaining a certificate as provided in this sec tion. Entities that operate personal\nservices agencies, as defined in KRS 216.710, in Kentucky on June 25, 2009, shall\nhave until December 31, 2009, to file an application for certification pursuant to this\nsection. All other agencies shall be required to obtain certification prior to providing\npersonal services. A parent personal services agency with one (1) or more branch\noffices in Kentucky shall not be required to obtain separate certificates for each of\nits branch offices.\n(2) Each personal services agency providing direct services to clients as defined in KRS\n216.710 shall perform a criminal background check on any applicant for\nemployment prior to employing the applicant. Each application provided by the\npersonal services agency to the applicant for i nitial employment shall state in a\nconspicuous manner on the application \"For This Type of Employment State Law\nRequires a Criminal Background Check as Condition of Employment.\"\n(3) No personal services agency shall employ a person in a position which invo lves\nproviding direct services to a client if the employee has been convicted of a crime as\ndefined by KRS 216.710.\n(4) The secretary shall promulgate administrative regulations to implement this section\nand KRS 216.714 and 216.716. The administrative regu lations at a minimum shall\nestablish:\n(a) An initial and annual certification review process for personal services\nagencies that does not require an on-site visit;\n(b) Procedures related to applying for, reviewing, approving, denying, and\nrevoking certification;\n(c) Fees for application and reapplication in an amount sufficient to offset the cost\nto administer KRS 216.712 and 216.714;\n(d) Procedures for complaint investigations;\n(e) Procedures for the imposition and collection of fines as provided by KRS\n216.714;\n(f) Policies and procedures for the personal services agencies;\n(g) Procedures for criminal background checks;\n(h) Procedures to ensure the competency of the individuals providing personal\nservices, the requirements of written service agreements bet ween the personal\nservices agencies and clients or designated representatives, and the\nrequirements of personal service plans for the clients; and\n(i) Procedures to be utilized in the conduct of hearings upon appeals in\naccordance with KRS Chapter 13B.\n(5) Only those personal services agencies meeting the standards prescribed for\ncertification shall be granted a certificate.\n(6) All fees collected under the provisions of this section shall be paid into the State\nTreasury and credited to the Kentucky personal services agency fund created by\nKRS 216.716.\n(7) Each personal services agency providing direct care to clients shall have a  policy\nthat addresses the acceptance of personal gifts, gratuities, or loans from a client by\nthe agency and by any employee, agent, or contractor of the personal services\nagency. The policy shall not be required to apply to personal gifts, gratuities, or\nloans to the agency made by family members or friends of the client. The policy\nshall, at a minimum:\n(a) Prohibit the solicitation of personal gifts, gratuities, or loans from a client; and\n(b) Specify the conditions under which gifts, gratuities, or loans from a client may\nbe accepted by the agency and by any employee, agent, or contractor of the\npersonal services agency.","path":["KRS Chapter 216"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9105","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:22Z","sha256":"6f0dbfafd0e8a333dbb9d73c52e20db91a6a78abb73ac4a48d010ff2c8a2c354","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216.710","next":"us-ky/krs-216.713"},"notice":"GroundRules: Original legal text. Not legal advice."}