Excerpted from a National Law Review article by Nonnie L. Shivers and Aaron S. Nava

On March 18, Arizona Governor Doug Ducey signed 19 bills into law, including, most notably for nursing home and assisted living facility employers, Senate Bill (SB) 1242, which strengthens employee background checks.

In his press release, Governor Ducey explained that Arizona’s “nursing homes and assisted living facilities deserve accountability and leadership from their supervisors” and that “seniors—grandmothers, grandfathers and family members—deserve nothing less to ensure their safety, happiness and health.”

Specifically, SB 1242 enhances the process for employees to become licensed through the Arizona Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers (NCIA).

Generally under the bill, residential care institutions, nursing care institutions, and home health agencies must require their staff members to obtain valid fingerprint clearance cards. Examples of individuals at residential care and nursing care institutions who must obtain fingerprint clearance include:

In addition to the existing fingerprint clearance requirements, SB 1242 imposes two new, stricter requirements:

First, the new law prohibits people with felony convictions involving “violence or financial fraud” from obtaining fingerprint clearance and becoming licensed to work in nursing homes or assisted living facilities. SB 1242 enumerates 46 specific crimes that constitute “violence or financial fraud,” including “sexual abuse of a vulnerable adult,” “sexual assault,” “child abuse,” “neglect or abuse of a vulnerable adult,” “theft,” “forgery,” and “fraudulent use of a credit card.”

Second, SB 1242 states that the NCIA Board “shall require each applicant for initial [NCIA] certification to submit a full set of fingerprints to the Board for a state and federal criminal history records check pursuant to Section 41-1750 and Public Law 92-544.” Additionally, “the Arizona Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation.” This new background check process is intended to more thoroughly vet employees and quickly identify and refer complaints between agencies.

Healthcare employers—specifically nursing homes and skilled nursing facilities—may want to review and update their hiring requirements involving fingerprinting and background checks.

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