Nevada Code § 449.123

Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty
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1. Except as otherwise provided in
subsections 2 and 3, within 10 days after hiring an employee, accepting an
employee of a temporary employment service or entering into a contract with an
independent contractor, the administrator of, or the person licensed to operate
a facility, hospital, agency, program or home shall:
(a) Obtain a written statement from the employee,
employee of the temporary employment service or independent contractor stating
whether he or she has been convicted of any crime listed in NRS 449.174 ;
(b) Obtain an oral and written confirmation of
the information contained in the written statement obtained pursuant to
paragraph (a);
(c) Obtain proof that the employee, employee of
the temporary employment service or independent contractor holds any required
license, permit or certificate;
(d) Obtain from the employee, employee of the
temporary employment service or independent contractor one set of fingerprints
and a written authorization to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report;
(e) Submit to the Central Repository for Nevada
Records of Criminal History the fingerprints obtained pursuant to paragraph (d)
to obtain information on the background and personal history of each employee,
employee of a temporary employment service or independent contractor to
determine whether the person has been convicted of any crime listed in NRS 449.174 ;
(f) Obtain written authorization from the
employee, employee of the temporary employment service or independent
contractor for the release of any information that may be available from the
Statewide Central Registry and any equivalent registry maintained by a
governmental entity in a jurisdiction in which the employee, employee of the
temporary employment service or independent contractor has resided within the
immediately preceding 5 years to determine whether there has been a
substantiated report of child abuse or neglect made against the employee,
employee of the temporary employment service or independent contractor; and
(g) If an Internet website has been established
pursuant to NRS 439.942 :
(1) Screen the employee, employee of the
temporary employment service or independent contractor using the Internet
website. Upon request of the Division, proof that the employee, temporary
employee or independent contractor was screened pursuant to this subparagraph
must be provided to the Division.
(2) Enter on the Internet website
information to be maintained on the website concerning the employee, employee
of the temporary employment service or independent contractor.
2. The administrator of, or the person
licensed to operate, a facility, hospital, agency, program or home is not
required to obtain the information described in subsection 1, other than the
information described in paragraph (f) of subsection 1, from an employee,
employee of a temporary employment service or independent contractor if his or
her fingerprints have been submitted to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report within the immediately preceding 6 months and the
report of the Federal Bureau of Investigation indicated that the employee,
employee of the temporary employment service or independent contractor has not
been convicted of any crime set forth in NRS
449.174 .
3. The administrator of, or the person
licensed to operate, a facility, hospital, agency, program or home is not
required to obtain the information described in subsection 1, other than the
information described in paragraphs (c) and (f) of subsection 1, from an
employee, employee of a temporary employment service or independent contractor
if:
(a) The employee, employee of the temporary
employment service or independent contractor agrees to allow the administrator
of, or the person licensed to operate, a facility, hospital, agency, program or
home to receive notice from the Central Repository for Nevada Records of
Criminal History regarding any conviction and subsequent conviction of the
employee, employee of the temporary employment service or independent
contractor of a crime listed in NRS 449.174 ;
(b) An agency, board or commission that regulates
an occupation or profession pursuant to title 54 of NRS or temporary employment
service has, within the immediately preceding 5 years, submitted the
fingerprints of the employee, employee of the temporary employment service or
independent contractor to the Central Repository for Nevada Records of Criminal
History for submission to the Federal Bureau of Investigation for its report;
and
(c) The report of the Federal Bureau of
Investigation indicated that the employee, employee of the temporary employment
service or independent contractor has not been convicted of any crime set forth
in NRS 449.174 .
4. The administrator of, or the person
licensed to operate, a facility, hospital, agency, program or home shall ensure
that the information concerning the background and personal history of each
employee, employee of a temporary employment service or independent contractor
who works at the facility, hospital, agency, program or home:
(a) Except as otherwise provided in subsection 2,
is completed as soon as practicable, and if residential services are provided
to children or the facility is a psychiatric hospital that provides inpatient
services to children or a psychiatric residential treatment facility, before
the employee, employee of the temporary employment service or independent
contractor provides any care or services to a child in the facility, hospital,
agency, program or home without supervision; and
(b) Is completed at least once every 5 years
after the date of the initial investigation.
5. The administrator or person shall, when
required:
(a) Obtain one set of fingerprints from the
employee, employee of the temporary employment service or independent
contractor;
(b) Obtain written authorization from the
employee, employee of the temporary employment service or independent
contractor to forward the fingerprints obtained pursuant to paragraph (a) to
the Central Repository for Nevada Records of Criminal History for submission to
the Federal Bureau of Investigation for its report;
(c) Submit the fingerprints to the Central
Repository for Nevada Records of Criminal History or, if the fingerprints were
submitted electronically, obtain proof of electronic submission of the
fingerprints to the Central Repository for Nevada Records of Criminal History;
and
(d) Obtain written authorization from the
employee, employee of the temporary employment service or independent
contractor for the release of any information that may be available from the
Statewide Central Registry and any equivalent registry maintained by a
governmental entity in a jurisdiction in which the employee, employee of the
temporary employment service or independent contractor has resided within the
immediately preceding 5 years to determine whether there has been a substantiated
report of child abuse or neglect made against the employee, employee of the
temporary employment service or independent contractor.
6. Upon receiving fingerprints submitted
pursuant to this section, the Central Repository for Nevada Records of Criminal
History shall determine whether the employee, employee of the temporary
employment service or independent contractor has been convicted of a crime
listed in NRS 449.174 and immediately
inform the Division and the administrator of, or the person licensed to
operate, the facility, hospital, agency, program or home at which the person
works whether the employee, employee of the temporary employment service or
independent contractor has been convicted of such a crime.
7. The Central Repository for Nevada
Records of Criminal History may impose a fee upon a facility, hospital, agency,
program or home that submits fingerprints pursuant to this section for the
reasonable cost of the investigation. The facility, hospital, agency, program
or home may recover from the employee or independent contractor whose
fingerprints are submitted not more than one-half of the fee imposed by the
Central Repository. If the facility, hospital, agency, program or home requires
the employee or independent contractor to pay for any part of the fee imposed
by the Central Repository, it shall allow the employee or independent
contractor to pay the amount through periodic payments. The facility, hospital,
agency, program or home may require a temporary employment service which
employs a temporary employee whose fingerprints are submitted to pay the fee
imposed by the Central Repository. A facility, hospital, agency, program or
home shall notify a temporary employment service if a person employed by the
temporary employment service is determined to be ineligible to provide services
at the facility, hospital, agency, program or home based upon the results of an
investigation conducted pursuant to this section.
8. Unless a greater penalty is provided by
law, a person who willfully provides a false statement or information in
connection with an investigation of the background and personal history of the
person pursuant to this section that would disqualify the person from
employment, including, without limitation, a conviction of a crime listed in NRS 449.174 , is guilty of a misdemeanor.

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