{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1950.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1950.1","heading":"Definitions - Criminal history background check on","body":"certain persons to be offered employment.\n\nA. For purposes of this section:\n\n1. “Nurse aide” means any person who provides, for\n\ncompensation, nursing care or health-related services to residents\n\nin a nursing facility, a specialized facility, a residential care\n\nhome, continuum of care facility, assisted living center, or an\n\nadult day care center and who is not a licensed health professional.\n\nSuch term also means any person who provides such services to\n\nindividuals in their own homes as an employee or contract provider\n\nof a home health or home care agency, or as a contract provider of\n\nthe Medicaid State Plan Personal Care Program;\n\n2. “Employer” means any of the following facilities, homes,\n\nagencies, or programs which are subject to the provision of this\n\nsection:\n\na. a nursing facility or specialized facility as such\n\nterms are defined in the Nursing Home Care Act,\n\nb. a residential care home as such term is defined by the\n\nResidential Care Act,\n\nc. an adult day care center as such term is defined in\n\nthe Adult Day Care Act,\n\nd. an assisted living center as such term is defined by\n\nthe Continuum of Care and Assisted Living Act,\n\ne. a continuum of care facility as such term is defined\n\nby the Continuum of Care and Assisted Living Act,\n\nf. a home health or home care agency,\n\ng. the Department of Human Services, in its capacity as\n\nan operator of any hospital or health care institution\n\nor as a contractor with providers under the Medicaid\n\nState Plan Personal Care Program,\n\nh. any facility operated by the Oklahoma Department of\n\nVeterans Affairs, and\n\ni. any facility approved and annually reviewed by the\n\nUnited States Department of Veterans Affairs as a\n\nmedical foster home in which care is provided\n\nexclusively to three or fewer veterans;\n\n3. “Home health or home care agency” means any person,\n\npartnership, association, corporation, or other organization which\n\nadministers, offers, or provides health care services or supportive\n\nassistance for compensation to three or more ill, disabled, or\n\ninfirm persons in the temporary or permanent residence of such\n\npersons, and includes any subunits or branch offices of a parent\n\nhome health or home care agency;\n\n4. “Bureau” means the Oklahoma State Bureau of Investigation;\n\nand\n\n5. “Completion of the sentence” means the last day of the\n\nentire term of the incarceration imposed by the sentence including\n\nany term that is deferred, suspended, or subject to parole.\n\nB. Before a nurse aide begins employment or a contract to\n\nprovide nursing care, health-related services, or supportive\n\nassistance to any individual, the employer shall provide for a\n\ncriminal history background check to be made on the nurse aide\n\npursuant to the provisions of the Long-term Care Security Act. If\n\nthe employer is a facility, home, or institution which is part of a\n\nlarger complex of buildings, the requirement of a criminal history\n\nbackground check shall apply only to an offer of employment or\n\ncontract made to a person who will work primarily in the immediate\n\nboundaries of the facility, home, or institution.\n\nWhere the provisions of the Long-term Care Security Act\n\npertaining to registry screenings and national criminal history\n\nrecord checks are not in effect pending an effective date\n\nestablished in rulemaking, an employer is authorized to obtain any\n\ncriminal history background records maintained by the Bureau\n\npursuant to the following:\n\n1. The employer shall request the Bureau to conduct a criminal\n\nhistory background check on the nurse aide and shall provide to the\n\nBureau any relevant information required by the Bureau to conduct\n\nthe check. The employer shall pay a fee of Fifteen Dollars ($15.00)\n\nto the Bureau for each criminal history background check that is\n\nconducted pursuant to such a request;\n\n2. An employer may make an offer of temporary employment to a\n\nnurse aide pending the results of the criminal history background\naide and shall provide to the\n\nBureau any relevant information required by the Bureau to conduct\n\nthe check. The employer shall pay a fee of Fifteen Dollars ($15.00)\n\nto the Bureau for each criminal history background check that is\n\nconducted pursuant to such a request;\n\n2. An employer may make an offer of temporary employment to a\n\nnurse aide pending the results of the criminal history background\n\ncheck. The employer in such instance shall provide to the Bureau\n\nthe name and relevant information relating to the person within\n\nseventy-two (72) hours after the date the person accepts temporary\n\nemployment. The employer shall not hire or contract with the nurse\n\naide on a permanent basis until the results of the criminal history\n\nbackground check are received;\n\n3. An employer may accept a criminal history background report\n\nless than one (1) year old of a person to whom such employer makes\n\nan offer of employment. The report shall be obtained from the\n\nprevious employer or contractor of such person and shall only be\n\nobtained upon the written consent of such person; and\n\n4. Every employer while subject to the provisions of this\n\nsubsection shall inform each applicant for employment, or each\n\nprospective contract provider, as applicable, that the employer is\n\nrequired to obtain a criminal history background record before\n\nmaking an offer of permanent employment or contract to a nurse aide.\n\nC. 1. If the results of a criminal history background check\n\nreveal that the subject person has been convicted of, pled guilty or\n\nno contest to, or received a deferred sentence for, a felony or\n\nmisdemeanor offense for any of the following offenses in any state\n\nor federal jurisdiction, the employer shall not hire or contract\n\nwith the person:\n\na. abuse, neglect, or financial exploitation of any\n\nperson entrusted to the care or possession of such\n\nperson,\n\nb. rape, incest, sodomy, or any crime that resulted in\n\nthe person being registered on a sex offender registry\n\nat any time,\n\nc. child abuse,\n\nd. murder or attempted murder,\n\ne. manslaughter,\n\nf. kidnapping,\n\ng. human trafficking,\n\nh. aggravated assault and battery,\n\ni. assault and battery with a dangerous weapon, or\n\nj. arson in the first degree.\n\n2. If less than five (5) years have elapsed since the\n\ncompletion of sentence, and the results of a criminal history check\n\nreveal that the subject person has been convicted of, or pled guilty\n\nor no contest to, a felony or misdemeanor offense for any of the\n\nfollowing offenses, in any state or federal jurisdiction, the\n\nemployer shall not hire or contract with the person:\n\na. assault,\n\nb. battery,\n\nc. indecent exposure and indecent exhibition, except\n\nwhere such offense disqualifies the applicant as a\n\nregistered sex offender,\n\nd. pandering,\n\ne. burglary in the first or second degree,\n\nf. robbery in the first or second degree,\n\ng. robbery or attempted robbery with a dangerous weapon,\n\nor imitation firearm,\n\nh. arson in the second degree,\n\ni. unlawful manufacture, distribution, prescription, or\n\ndispensing of a Schedule I through V drug as defined\n\nby the Uniform Controlled Dangerous Substances Act,\n\nj. grand larceny, or\n\nk. petit larceny or shoplifting.\n\nD. An employer shall not employ or continue employing a person\n\naddicted to any Schedule I through V drug as specified by the\n\nUniform Controlled Dangerous Substances Act unless the person\n\nproduces evidence that the person has successfully completed a drug\n\nrehabilitation program.\n\nE. All employment eligibility determination records received by\n\nthe employer pursuant to this section are confidential and are for\n\nthe exclusive use of the State Department of Health and the employer\n\nwhich requested the information. Except on court order or with the\n\nwritten consent of the person being investigated, the records shall\nn has successfully completed a drug\n\nrehabilitation program.\n\nE. All employment eligibility determination records received by\n\nthe employer pursuant to this section are confidential and are for\n\nthe exclusive use of the State Department of Health and the employer\n\nwhich requested the information. Except on court order or with the\n\nwritten consent of the person being investigated, the records shall\n\nnot be released or otherwise disclosed to any other person or\n\nagency. These records shall be destroyed after one (1) year from\n\nthe end of employment of the person to whom such records relate.\n\nF. As part of the inspections required by the Nursing Home Care\n\nAct, Continuum of Care and Assisted Living Act, the Residential Care\n\nAct, and the Adult Day Care Act, the State Department of Health\n\nshall review the employment files of any facility, home, or\n\ninstitution required to obtain a criminal history background\n\ndetermination to ensure such facilities, homes, or institutions are\n\nin compliance with the provisions of this section.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0c64b646057b9c830b156419a4ffecabd05f207fdc167822f98b5897fb103637","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1950","next":"us-ok/okla.-stat.-tit.-63-63-1-1950.2"},"notice":"GroundRules: Original legal text. Not legal advice."}