{"data":{"id":"us-ok/okla.-stat.-tit.-56-56-1025.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 56, § 56-1025.2","heading":"Criminal history records searches on community services","body":"worker applicants, Medicaid personal care assistants and\n\ncontractors.\n\nA. 1. Except as otherwise provided by subsection C of this\n\nsection, before any community services provider or Medicaid personal\n\ncare services provider makes an offer to employ or to contract with\n\na community services worker applicant or a Medicaid personal care\n\nassistant applicant to provide health-related services, training, or\n\nsupportive assistance to a person with a developmental disability,\n\nor personal care services to a person who receives the services of\n\nthe state Medicaid personal care program, the community services\n\nprovider or Medicaid personal care services provider shall:\n\na. provide, prior to a check with the Department of Human\n\nServices, for a criminal history records search to be\n\nmade on the community services worker applicant or\n\nMedicaid personal care assistant or contractor\n\npursuant to the provisions of this section, and\n\nb. check with the Department of Human Services to\n\ndetermine if the name of the applicant seeking\n\nemployment or contract has been entered on the\n\ncommunity services worker registry created pursuant to\n\nSection 1025.3 of this title. Prior to a decision by\n\nthe Department to enter the name of a community\n\nservices worker or a Medicaid personal care assistant\n\non such registry, the Department shall allow for\n\nnotice and opportunity for due process for such\n\ncommunity services worker or Medicaid personal care\n\nassistant against whom a final investigative finding\n\nby the Department of Human Services of maltreatment of\n\nan individual has been made. If the name of the\n\napplicant seeking employment or a contract with the\n\ncommunity services provider or Medicaid personal care\n\nassistant is listed on the registry as having a\n\nfinding by an Administrative Law Judge pursuant to the\n\nrequirements of Section 1025.3 of this title, and the\n\nDepartment has allowed for notice and opportunity for\n\ndue process for such applicant, the provider shall not\n\nhire the applicant.\n\n2. If the Department of Human Services contracts directly with\n\na Medicaid personal care assistant, the Department shall follow the\n\nscreening procedures required by this section for Medicaid personal\n\ncare services providers.\n\n3. If the Oklahoma Health Care Authority contracts directly\n\nwith a specialized foster care provider or habilitation training\n\nspecialist services provider or a homemaker services provider, the\n\nDepartment shall follow the screening procedures required by this\n\nsection for community services providers.\n\n4. Community services providers and Medicaid personal care\n\nservices providers are authorized to obtain records of any criminal\n\nconviction, guilty plea, or plea of nolo contendere maintained by\n\nthe Oklahoma State Bureau of Investigation (Bureau), or a Federal\n\nBureau of Investigation (FBI) national criminal history records\n\nsearch, based on fingerprints which the employer is required or\n\nauthorized to request pursuant to the provisions of this section.\n\n5. The Department of Human Services is authorized to obtain a\n\nnational criminal history records search based on submission of\n\nfingerprints for community services providers that provide remote\n\nsupports. The search shall:\n\na. be conducted by the Oklahoma State Bureau of\n\nInvestigation and the Federal Bureau of Investigation\n\npursuant to Section 150.9 of Title 74 of the Oklahoma\n\nStatutes, with the Department as the authorized\n\nagency,\n\nb. be submitted and have results received between the\n\nDepartment and the Oklahoma State Bureau of\n\nInvestigation through secure electronic transmissions,\n\nand\n\nc. be paid for by the applicant or the community services\n\nprovider.\n\n6. A criminal history records search for community services\n\nproviders shall include:\n\na. an Oklahoma State Courts Network search, except for\n\ncommunity services providers that provide remote\n\nsupports,\n\nb. a search of the Restricted Registry established under\nreau of\n\nInvestigation through secure electronic transmissions,\n\nand\n\nc. be paid for by the applicant or the community services\n\nprovider.\n\n6. A criminal history records search for community services\n\nproviders shall include:\n\na. an Oklahoma State Courts Network search, except for\n\ncommunity services providers that provide remote\n\nsupports,\n\nb. a search of the Restricted Registry established under\n\nthe Oklahoma Child Care Facilities Licensing Act,\n\nc. a national criminal history records search for\n\ncommunity services providers that provide remote\n\nsupports in accordance with paragraph 5 of this\n\nsubsection,\n\nd. a sex offender registry search conducted by an\n\nauthorized source, when the individual has lived\n\noutside this state within the last five (5) years, and\n\ne. a search of the Department of Corrections’ files\n\nmaintained pursuant to the Sex Offenders Registration\n\nAct and conducted by the Department of Human Services.\n\n7. A Medicaid personal care services provider shall request the\n\nBureau or FBI to conduct a criminal history records search on\n\nMedicaid personal care assistants pursuant to the provisions of\n\nSection 1-1950.1 of Title 63 of the Oklahoma Statutes.\n\n8. The community services provider shall request the Bureau or\n\nFBI to conduct a criminal history records search on a community\n\nservices worker desiring employment or a contract with the provider\n\nand shall provide to the Bureau or FBI any relevant information\n\nrequired by the Bureau or FBI to conduct the search. The community\n\nservices provider shall pay a reasonable fee to the Bureau for each\n\ncriminal history records search that is conducted pursuant to such a\n\nrequest. Such fee shall be determined by the Oklahoma State Bureau\n\nof Investigation.\n\n9. A community services provider that provides remote supports\n\nshall request the Department to conduct a national criminal history\n\nrecords search based on submission of fingerprints on a community\n\nservices worker or applicant who will be providing remote supports\n\nand shall provide to the Department any relevant information\n\nrequired by the Oklahoma State Bureau of Investigation and the\n\nFederal Bureau of Investigation to conduct the search. The\n\ncommunity services worker or applicant shall pay a reasonable fee to\n\nthe Oklahoma State Bureau of Investigation for each national\n\ncriminal history records search that is conducted pursuant to such a\n\nrequest. Such fee shall be determined by the Oklahoma State Bureau\n\nof Investigation.\n\n10. The requirement of a criminal history records search shall\n\nnot apply to an offer of employment made to:\n\na. any person who is the holder of a current license or\n\ncertificate issued pursuant to the laws of this state\n\nauthorizing such person to practice the healing arts,\n\nb. a registered nurse or practical nurse licensed\n\npursuant to the Oklahoma Nursing Practice Act,\n\nc. a physical therapist registered pursuant to the\n\nPhysical Therapy Practice Act,\n\nd. a physical therapist assistant licensed pursuant to\n\nthe Physical Therapy Practice Act,\n\ne. a social worker licensed pursuant to the provisions of\n\nthe Social Worker’s Licensing Act,\n\nf. a speech pathologist or audiologist licensed pursuant\n\nto the Speech-Language Pathology and Audiology\n\nLicensing Act,\n\ng. a dietitian licensed pursuant to the provisions of the\n\nLicensed Dietitian Act,\n\nh. an occupational therapist licensed pursuant to the\n\nOccupational Therapy Practice Act, or\n\ni. a respiratory care practitioner licensed pursuant to\n\nthe Respiratory Care Practice Act.\n\nB. At the request of the community services provider, the\n\nBureau shall conduct a criminal history records search on any\n\napplicant desiring employment or a contract pursuant to subsection A\n\nof this section or any worker employed by the community services\n\nprovider, including any of the workers specified in paragraph 10 of\nare practitioner licensed pursuant to\n\nthe Respiratory Care Practice Act.\n\nB. At the request of the community services provider, the\n\nBureau shall conduct a criminal history records search on any\n\napplicant desiring employment or a contract pursuant to subsection A\n\nof this section or any worker employed by the community services\n\nprovider, including any of the workers specified in paragraph 10 of\n\nsubsection A of this section, at any time during the period of\n\nemployment of such worker with the provider.\n\nC. A community services provider may make an offer of temporary\n\nemployment to a community services worker pending the results of\n\nsuch criminal history records search and the registry review on the\n\napplicant. The community services provider in such instance shall\n\nprovide to the Bureau the name and relevant information relating to\n\nthe applicant within seventy-two (72) hours after the date the\n\napplicant accepts temporary employment. Temporary employment shall\n\nnot extend longer than the time necessary to receive the results of\n\nthe criminal history records search and registry review, not to\n\nexceed forty-five (45) days. The community services provider shall\n\nnot hire or contract with an applicant as a community services\n\nworker on a permanent basis until the results of the criminal\n\nhistory records search and the registry review are received.\n\nD. Within five (5) days of receipt of a request to conduct a\n\ncriminal history records search, the Bureau shall complete the\n\ncriminal history records search and report the results of the search\n\nto the requesting community services provider.\n\nE. Every community services provider and Medicaid personal care\n\nservices provider shall inform each applicant for employment, or\n\neach prospective contract worker, as applicable, that the community\n\nservices provider or Medicaid personal care services provider is\n\nrequired to obtain a criminal history records search and a registry\n\nreview before making an offer of permanent employment or a contract\n\nwith the community services worker or Medicaid personal care\n\nassistant or applicant described in subsection A of this section.\n\nF. When a community services provider will be providing remote\n\nsupports from outside this state, the community services provider\n\nshall provide an FBI national criminal history records search, based\n\non fingerprints, on out-of-state community services workers or\n\napplicants in lieu of a criminal history records search by the\n\nOklahoma State Bureau of Investigation pursuant to this section.\n\nG. 1. If the results of any criminal history records search\n\nfrom any jurisdiction reveals that the subject worker or applicant\n\nhas been convicted, or pled guilty or nolo contendere to a felony or\n\nto a misdemeanor assault and battery, the employer shall not hire or\n\ncontract with the applicant, but shall immediately terminate the\n\ncommunity services worker’s employment, contract, or volunteer\n\narrangement, subject to the provisions of paragraph 2 of this\n\nsubsection.\n\n2. The community services provider may request, in writing, a\n\nwaiver of the provisions of paragraph 1 of this subsection from the\n\nDirector of the Department of Human Services, or a designee of the\n\nDirector. The Director or a designee of the Director may waive the\n\nprovisions based upon standards promulgated by the Commission for\n\nHuman Services after concurrence by the Chief Executive Officer of\n\nthe Oklahoma Health Care Authority as the State Medicaid Agency. No\n\nwaiver shall be granted for offenses resulting in a felony\n\nconviction or plea of guilty or nolo contendere to a felony that\n\noccurred less than five (5) calendar years prior to the date of\n\nrequest. In no case shall a waiver be granted for employment of a\n\ncommunity services worker who has been convicted of, or pled guilty\n\nor nolo contendere to, a felony count of aggravated assault and\nency. No\n\nwaiver shall be granted for offenses resulting in a felony\n\nconviction or plea of guilty or nolo contendere to a felony that\n\noccurred less than five (5) calendar years prior to the date of\n\nrequest. In no case shall a waiver be granted for employment of a\n\ncommunity services worker who has been convicted of, or pled guilty\n\nor nolo contendere to, a felony count of aggravated assault and\n\nbattery, homicide, murder, attempted murder, rape, incest, sodomy,\n\nor abuse, neglect, or financial exploitation of any person entrusted\n\nto the worker’s care.\n\nH. All criminal history records received by the community\n\nservices provider or Medicaid personal care services provider are\n\nfor the exclusive use of the Department of Human Services, the\n\nOklahoma Health Care Authority and the community services provider\n\nor Medicaid personal care services provider that requested the\n\ninformation. Except as otherwise provided by this chapter or upon\n\ncourt order or with the written consent of the person being\n\ninvestigated, the criminal history records shall not be released or\n\notherwise disclosed to any other person or agency.\n\nI. Any person releasing or disclosing any information in\n\nviolation of this section, upon conviction thereof, shall be guilty\n\nof a misdemeanor.\n\nJ. As part of any inspections required by law, the Department\n\nof Human Services shall review the employment files of the community\n\nservices provider or Medicaid personal care services provider\n\nrequired to conduct a criminal history records search to ensure such\n\nprovider is in compliance with the provisions of this section.\n\nK. The Department of Human Services shall disclose all registry\n\ninformation, all criminal records gathered and any inspections\n\nconducted as a result of this section to the Oklahoma Health Care\n\nAuthority upon the request of the Oklahoma Health Care Authority.","path":["OK Code","Title 56"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os56.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"aea3bc1fa1e5d34833e6867940f0a1fc46aaf26e1633618b930bc6e06641b503","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-56-56-1025.1","next":"us-ok/okla.-stat.-tit.-56-56-1025.3"},"notice":"GroundRules: Original legal text. Not legal advice."}