(a) As used in this section:
(1) “Registry records check” means the review of one (1) or more database systems maintained by a state agency that contain information relative to a person's suitability for licensure or certification as a service provider or employment with a service provider to provide care as defined in § 20-38-101; and
(2) “Service provider” means any of the following:
(A) A Community and Employment Supports Services waiver provider;
(B) A First Connections provider; or
(C) An early intervention day treatment or adult developmental day treatment provider.
(b) Beginning September 1, 2009, a service provider is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(c)
(1) A person offered employment with a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal history records checks.
(2)
(A) A person who was offered employment by a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-48-801 — 20-48-811 [repealed] and has continued to be employed by the service provider who initiated the criminal history records check may continue employment with the service provider based on the results of the criminal history records check process conducted under §§ 20-48-801 — 20-48-811 [repealed].
(B) When the person next undergoes a periodic criminal history records check, the person's continued employment with the service provider is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(d)
(1) The person who signs an application for licensure or certification as a service provider on or after September 1, 2009, is subject to the requirements of this section and § 20-38-101 et seq., concerning criminal records checks.
(2)
(A) The person who signed an application for licensure or certification of a service provider before September 1, 2009, was subject to a criminal history records check under §§ 20-48-801 — 20-48-811 [repealed], and has continued to maintain the licensure or certification of the service provider may continue to maintain the licensure or certification of the service provider based on the results of the criminal history records check process conducted under §§ 20-48-801 — 20-48-811 [repealed].
(B) When the service provider next undergoes a periodic criminal history records check, the service provider's continued licensure or certification is contingent on the results of a criminal history records check under § 20-38-101 et seq.
(e) The Division of Developmental Disabilities Services shall establish by rule requirements for registry records checks for:
(1) An applicant for licensure or certification of a service provider;
(2) An applicant for employment with a service provider; and
(3) An employee of a service provider.
(f) The division shall establish by rule:
(1) Requirements for criminal history and registry records checks of persons who volunteer for a service provider; and
(2) The consequences of a determination that a person who proposes to reside in an alternative living home in which services are provided to an individual with developmental disabilities is disqualified from the residency based on the criminal history of the person.