Tennessee § 68-11-233 - Criminal background check of applicants.

§ 68-11-233. Criminal background check of applicants.

A home care organization that provides home health services or hospice services shall require a criminal background check of persons who apply for employment with the organization as a paid employee and provider of direct care to a patient, prior to such persons being employed by the organization. The background check shall be conducted either by the Tennessee bureau of investigation and the federal bureau of investigation, or by a professional background screening organization or criminal background check service or registry. Any person who applies for employment with a home care organization as a paid employee and provider of direct care to a patient shall consent to the following: The release of all investigative records to such organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for such organization; To supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation; To provide past work and personal references to be checked by such organization; and The release of any information required for a criminal background investigation by a professional background screening organization or criminal background check service or registry. A home care organization shall not disclose criminal background check information obtained under subsection (a) to a person who is not involved in evaluating a person's employment, except as required or permitted by state or federal law. Any costs incurred by the Tennessee bureau of investigation and the federal bureau of investigation in conducting the investigation of applicants shall be paid by the home care organization requesting such investigation and information, in accordance with §§ 38-6-103 and 38-6-109. This section shall also apply to any company, organization, or agency that provides or arranges for the supply of direct care staff to an organization described in subsection (a). The company, organization, or agency shall be responsible for initiating a criminal background check on any person hired by that entity for the purposes of working in a home care organization that provides home health services or hospice services, and shall be required to report the results of the criminal background check to any home care organization in which the company, organization, or agency arranges for that individual to work, upon such a request by a company, organization, or agency. A home care organization that declines to employ or terminates a person based upon criminal background information provided to the organization under this section shall be immune from suit by or on behalf of that person for the termination of or the refusal to employ that person. Acts 1997, ch. 232, § 1; 2003, ch. 116, §§ 1, 2; 2016, ch. 1044, § 4. Amendments. The 2016 amendment rewrote the section which read: “(a) A home care organization that provides home health services or hospice services may require any person who applies for employment with the organization as a paid employee or as a volunteer, to do one (1) or more of the following:“(1) Agree to the release of all investigative records to such organization for examination for the purpose of verifying the accuracy of criminal violation information contained on an application to work for such organization or to provide volunteer services; or“(2) Supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation.“(b) Any costs incurred by the Tennessee bureau of investigation and the federal bureau of investigation in conducting such investigation of applicants shall be paid by the home care organization requesting such investigation and information. Payment of such costs is to be made in accordance with § 38-6-103 .” Effective Dates. Acts 2016, ch. 1044, § 11. July 1, 2016.