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Legislators in Arizona are hoping to pass a bill that will create stronger background screening requirements for individuals who would work for healthcare providers.

The Long-Term Care; Enforcement; Memory Care Bill

Arizona’s House Bill 2764 (HB2764), also known as the Long-Term Care; Enforcement; Memory Care Bill was written to protect vulnerable populations. If it passes, HB2764 will make it mandatory for people to pass a background screening before they may obtain a license which qualifies them to work at:

• Residential Nursing Institutions
• Outpatient Clinics
• Home Health Agencies
• Assisted Living Centers
• Home Health Agencies
• Behavioral Health Facilities

Further, the law would require such healthcare providers to confirm no one they might hire is listed on the Adult Protective Services Registry. The bill stipulates that these organizations may not “allow an employee to continue employment or a volunteer or contracted person to continue to provide medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, has been denied approval pursuant to this section before May 7, 2001, or has had a fingerprint clearance card suspended or revoked.”

Exemptions

HB2764 creates some exceptions for those who:

• Have a valid fingerprint clearance card which was issued pursuant to title 41, chapter 12, article 3.1.
• Will apply for a fingerprint clearance card within twenty working days after employment or beginning volunteer or contracted work.

Penalties

Should HB2764 become law, then there will be penalties for non-compliance with the new regulations. Organizations that are found to have violated the law could be subjected to a fine of more than $1,000 for each violation.

The amount of each penalty would be determined by:

• Repeated violations of statutes or rules.
• Patterns of non-compliance.
• The severity of violations.
• The potential for and occurrences of actual harm, including to patients, staff or residents.
• The number of people affected by the violations.
• The number of violations.
• The size of the facility.
• The length of time that the violations have been occurring.
• The type of health care institution.

Takeaway For Employers

Healthcare providers in Arizona should be aware of the proposed bill and know what is required of them if it is signed into law. If that happens, affected organizations may want to update their hiring and screening policies to make sure they cover HB2764.

Employers everywhere should be aware of employment laws that are in effect where they operate. When possible, we recommend consulting with legal counsel to ensure your policies are in compliance with all relevant laws.

Running Background Checks

If your business is bringing on employees, contactors or volunteers, please contact us. Our friendly, knowledgeable team can help you customize screening packages that are tailored to your specific needs, compliant with applicable legislation and in line with industry standards.

Backgrounds Online is a service-first Consumer Reporting Agency. Our team takes time to learn about your screening needs so we can help you succeed at finding and bringing on top tier talent. We are available to assist you Monday through Friday from 5am to 6pm PT.