{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1950.8","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1950.8","heading":"Criminal history records and nontechnical services","body":"worker abuse registry search – Temporary employment.\n\nA. 1. Before any nursing facility makes an offer to employ a\n\nnontechnical services worker applicant subject to subsection A of\n\nSection 1-1950.7 of this title on or after the effective date of\n\nSections 1-1950.6 through 1-1950.9 of this title, to provide\n\nnontechnical services, the nursing facility shall:\n\na. provide for a criminal history records search to be\n\nconducted upon the nontechnical services worker\n\napplicant pursuant to the provisions of the Long-Term\n\nCare Security Act, and\n\nb. check with the Department to determine whether the\n\nname of the applicant seeking employment appears on\n\nthe nontechnical services worker abuse registry\n\ncreated pursuant to the provisions of Section 1-1950.7\n\nof this title. If the name of the applicant seeking\n\nemployment with the nursing facility is listed on the\n\nabuse registry as having a final Department\n\ninvestigative finding or an Administrative Law Judge\n\nfinding pursuant to the requirements of Section 1-\n\n1950.7 of this title, and the Department has allowed\n\nfor notice and opportunity for due process for such\n\napplicant, the nursing facility shall not hire the\n\napplicant.\n\n2. Where 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 in\n\nrulemaking, an employer is authorized to obtain any criminal history\n\nbackground records maintained by the Oklahoma State Bureau of\n\nInvestigation pursuant to the following:\n\na. the employer shall request the Bureau to conduct a\n\ncriminal history background check on the nontechnical\n\nservices worker and shall provide to the Bureau any\n\nrelevant information required by the Bureau to conduct\n\nthe check. The employer shall pay a fee of Fifteen\n\nDollars ($15.00) to the Bureau for each criminal\n\nhistory background check that is conducted pursuant to\n\nsuch a request,\n\nb. an employer may make an offer of temporary employment\n\nto a nontechnical services worker pending the results\n\nof the criminal history background check. The\n\nemployer in such instance shall provide to the Bureau\n\nthe name and relevant information relating to the\n\nperson within seventy-two (72) hours after the date\n\nthe person accepts temporary employment. The employer\n\nshall not hire or contract with the nontechnical\n\nservices worker on a permanent basis until the results\n\nof the criminal history background check are received,\n\nc. an employer may accept a criminal history background\n\nreport less than one (1) year old of a nontechnical\n\nservices worker to whom such employer makes an offer\n\nof employment or employment contract. The report\n\nshall be obtained from the previous employer or\n\ncontractor of such person and shall only be obtained\n\nupon the written consent of such person, and\n\nd. every employer while subject to the provisions of this\n\nsubsection shall inform each applicant for employment,\n\nor each prospective contract provider, as applicable,\n\nthat the employer is required to obtain a criminal\n\nhistory background record before making an offer of\n\npermanent employment or contract to a nontechnical\n\nservices worker.\n\nB. Every nursing facility shall inform each nontechnical\n\nservices worker applicant for employment of the requirement to\n\nobtain a criminal check and an abuse registry review before making\n\nan offer of permanent employment with a nontechnical services worker\n\napplicant.\n\nC. A nursing facility shall not hire or contract with and shall\n\nimmediately terminate the employment, contract or volunteer\n\narrangement of any applicant, contract worker or employee for whom\n\nthe results of a criminal history records search from any\n\njurisdiction reveals that such person has a disqualifying criminal\n\noffense listed in subsection C of Section 1-1950.1 of this title.\n\nD. All employment eligibility determination records received by\nth and shall\n\nimmediately terminate the employment, contract or volunteer\n\narrangement of any applicant, contract worker or employee for whom\n\nthe results of a criminal history records search from any\n\njurisdiction reveals that such person has a disqualifying criminal\n\noffense listed in subsection C of Section 1-1950.1 of this title.\n\nD. All employment eligibility determination records received by\n\nthe nursing facility are for the exclusive use of the State\n\nDepartment of Health and the nursing facility that requested the\n\ninformation. Except as otherwise provided by Sections 1-1950.6\n\nthrough 1-1950.9 of this title or upon court order or with the\n\nwritten consent of the person being investigated, the employment\n\neligibility determination records shall not be released or otherwise\n\ndisclosed to any other person or agency.\n\nE. Any person releasing or disclosing any information in\n\nviolation of this section, upon conviction thereof, shall be guilty\n\nof a misdemeanor.\n\nF. As part of any inspections required by law, the Department\n\nshall review the employment files of the nursing facility required\n\nto conduct a criminal history records search to ensure compliance\n\nwith 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":"7a400b8ecac558cb8c175ef33c58dea401762ef3e74fe4792a5172bf4434d27b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1950.7","next":"us-ok/okla.-stat.-tit.-63-63-1-1950.9"},"notice":"GroundRules: Original legal text. Not legal advice."}