Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1454 3
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By: Representative Bentley 5
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAWS CONCERNING CRIMINAL HISTORY 9
RECORDS CHECKS FOR EMPLOYEES OF SERVICE PROVIDERS; TO 10
ALLOW THIRD-PARTY EMPLOYEE EVALUATION SERVICES TO 11
PERFORM CRIMINAL HISTORY RECORDS CHECKS; TO INCLUDE 12
INDEPENDENT CONTRACTORS; AND FOR OTHER PURPOSES. 13
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15
Subtitle 16
TO AMEND THE LAWS CONCERNING CRIMINAL 17
HISTORY RECORDS CHECKS FOR EMPLOYEES OF 18
SERVICE PROVIDERS; TO ALLOW THIRD -PARTY 19
EMPLOYEE EVALUATION SERVICES TO PERFORM 20
CRIMINAL HISTORY RECORDS CHECKS; AND TO 21
INCLUDE INDEPENDENT CONTRACTORS. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 20 -38-101 is amended to read as follows: 26
20-38-101. Definitions. 27
As used in this chapter: 28
(1) “Care” means treatment, services, assistance, education, 29
training, instruction, or supervision for which the service provider is 30
compensated either directly or indirectly; 31
(2) “Determination” means the determination made by either the 32
licensing or certifying agency or the third-party employee evaluation service 33
that a service provider, operator, applicant for employment with, or employee 34
of a service provider is or is not disqualified from licensure, exemption 35
from licensure, certification, any other operating authority, or employment 36 HB1454
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based on the criminal history of the service provider, operator, applicant, 1
or employee; 2
(3)(A) “Employee” means any person who: 3
(i) Has unsupervised access to clients of a service 4
provider, except as provided in subdivision (3)(B) of this section; and 5
(ii) Meets any of the following criteria: 6
(a) Provides care to clients of a service 7
provider on behalf of, under the supervision of, or by arrangement with the 8
service provider; 9
(b) Is employed by a service provider to 10
provide care to clients of the service provider; 11
(c) Is engaged as an independent contractor to 12
provide care to clients of a service provider; 13
(c)(d) Is a temporary employee placed by an 14
employment agency with a service provider to provide care to clients of the 15
service provider; or 16
(d)(e) Resides in an alternative living home 17
in which services are provided to individuals with developmental 18
disabilities. 19
(B) “Employee” does not include a person who: 20
(i) Is a family member of a client receiving care 21
from a service provider; 22
(ii) Is a volunteer; or 23
(iii) Works in an administrative capacity and does 24
not have unsupervised access to clients of a service provider; 25
(4) “Licensing or certifying agency” means the state agency 26
charged with licensing, exempting from licensure, certifying, or granting 27
other operating authority to a service provider; 28
(5) “National criminal history records check” means a review of 29
criminal history records maintained by the Federal Bureau of Investigation 30
based on fingerprint identification or other positive identification methods; 31
(6) “Operator” means the person signing the application of a 32
service provider for licensure, exemption from licensure, certification, or 33
any other operating authority; 34
(7) “Registry records check” means the review of one (1) or more 35
database systems maintained by a state agency that contain information 36 HB1454
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relative to a person's suitability for licensure, certification, exemption 1
from licensure, or any other operating authority to be a service provider or 2
for employment with a service provider to provide care; 3
(8) “Report” means a statement of the criminal history of a 4
service provider, operator, applicant for employment with, or employee of a 5
service provider issued by the Identification Bureau of the Division of 6
Arkansas State Police; 7
(9) “Service provider” means any of the following: 8
(A) An Alternative Community Services Waiver Program 9
provider certified by the Division of Developmental Disabilities Services; 10
(B) A childcare facility as defined by § 20 -78-202; 11
(C) A church-exempt childcare facility as recognized under 12
§ 20-78-209; 13
(D) An early intervention program provider certified by 14
the Division of Developmental Disabilities Services; 15
(E) A home- and community-based health services provider 16
certified by the Division of Provider Services and Quality Assurance; 17
(F) A home healthcare service under § 20 -10-801; 18
(G) A hospice program under § 20 -7-117; 19
(H) A long-term care facility as defined by § 20 -10-702; 20
(I) A nonprofit community program as defined by § 20 -48-21
101; 22
(J) An entity that provides personal care services to 23
individuals; 24
(K) A long-term care facility under § 20 -10-1202; or 25
(L) An entity that provides services to or houses teens 26
and youths; and 27
(10) “State criminal history records check” means a review of 28
state criminal history records conducted by the Identification Bureau of the 29
Division of Arkansas State Police ; and 30
(11) “Third-party employee evaluation service” means an 31
independent, third-party service, not associated with either the licensing or 32
certifying agency or the service provider, authorized or otherwise eligible 33
under state and federal law to perform national criminal history records 34
checks and state criminal history records checks in order to provide the 35
determination of eligibility for employment under this subchapter . 36 HB1454
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1
SECTION 2. Arkansas Code § 20 -38-103(a)(1) and (2), concerning a 2
service provider informing applicants and employees of service providers that 3
employment is contingent on a criminal history records check, are amended to 4
read as follows: 5
(a)(1) Before making an offer of employment or engaging as an 6
independent contractor , a service provider shall inform an applicant that 7
employment is contingent on the satisfactory results of criminal history 8
records checks. 9
(2) If a service provider intends to make an offer of employment 10
to or contract with an applicant, the service provider shall conduct criminal 11
history records checks on the applicant under this section. 12
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SECTION 3. Arkansas Code § 20 -38-103(b), concerning conditionally 14
employment for applicants and employees of service providers pending a 15
criminal history records check, is amended to read as follows: 16
(b) After a service provider satisfies the regulatory requirements of 17
the appropriate licensing or certifying agency governing registry checks of 18
applicants for employment or engagement in a contract , the service provider 19
may conditionally employ or contract with an applicant pending receipt of a 20
determination from the appropriate licensing or certifying agency or from a 21
third-party employee evaluation service . 22
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SECTION 4. Arkansas Code § 20 -38-103(c)(2)(B)(iii), concerning 24
criminal history records checks for temporary employees of service providers, 25
is amended to read as follows: 26
(iii) Provide copies of the documentation to the 27
service provider, which shall be made available to the appropriate licensing 28
or certifying agency or the third-party employee evaluation service upon 29
request. 30
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SECTION 5. Arkansas Code § 20 -38-103(d) and (e), concerning criminal 32
history records checks for applicants and employees of service providers, are 33
amended to read as follows: 34
(d) A service provider shall inform employees that continued 35
employment or contractual engagement is contingent on the satisfactory 36 HB1454
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results of criminal history records checks and shall conduct periodic 1
criminal history records checks on all employees no less than one (1) time 2
every five (5) years. 3
(e)(1)(A) When a service provider initiates a request for a state 4
criminal history records check on an applicant for employment or contract 5
with or an employee of the service provider, the Identification Bureau of the 6
Division of Arkansas State Police shall issue within twenty -four (24) hours 7
an electronic report to the licensing or certifying agency. 8
(B) When a licensing or certifying agency submits a 9
request for a national criminal history records check on an applicant for 10
employment or contract with or an employee of the service provider, the 11
Identification Bureau of the Division of Arkansas State Police shall issue a 12
report to the licensing or certifying agency within ten (10) days after 13
receipt of the results of the national criminal history records check from 14
the Federal Bureau of Investigation. 15
(2) After receipt of a report from the Identification Bureau of 16
the Division of Arkansas State Police, the licensing or certifying agency 17
shall determine whether the applicant or employee is disqualified from 18
employment or contract with the service provider based on the criminal 19
history of the applicant or employee and shall forward its determination to 20
the service provider. 21
(3)(A)(i) If the licensing or certifying agency or the third-22
party employee evaluation service determines that an applicant or employee is 23
disqualified from employment or engagement in a contract based on the 24
criminal history of the applicant or employee, the service provider shall 25
deny employment to the applicant or shall terminate the employment of the 26
employee. 27
(ii)(a) If the applicant or employee is 28
disqualified from employment based on the criminal history and the service 29
provider wants to employ the applicant or continue to employ the employee, 30
the service provider shall provide written notice to the licensing or 31
certifying agency or the third-party employee evaluation service of the 32
person's identity and that the service provider has determined that the 33
person is not disqualified from employment because the person satisfies the 34
criteria for a waiver under § 20 -38-105(d)(3). 35
(b) After receipt of written acknowledgment 36 HB1454
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from the licensing or certifying agency or the third-party employee 1
evaluation service that the service provider has determined that the 2
applicant or employee is not disqualified from employment because the person 3
satisfies the criteria for a waiver under § 20 -38-105(d)(3), the service 4
provider may employ the applicant or continue the employment of the employee. 5
(B) If the licensing or certifying agency or the 6
third-party employee evaluation service issues a determination that an 7
applicant or employee is not disqualified from employment or if there is no 8
criminal history on an applicant or employee, the service provider may employ 9
the applicant or continue the employment of the employee. 10
11
SECTION 6. Arkansas Code § 20 -38-105(a), concerning disqualification 12
from employment with a service provider based on a criminal history records 13
check, is amended to read as follows: 14
(a)(1) Except as provided in subsection (d) of this section, the 15
licensing or certifying agency shall issue a determination that a person is 16
disqualified as a service provider, operator, or from employment or 17
engagement in a contract as an independent contractor with a service provider 18
if the person has pleaded guilty or nolo contendere to or has been found 19
guilty of: 20
(A) Any of the offenses listed in subsection (b) of this 21
section by any court in the State of Arkansas; 22
(B) Any similar offense by a court in another state; or 23
(C) Any similar offense by a federal court. 24
(2) Except as provided in subsection (d) of this section, a 25
service provider shall not knowingly employ or contract with a person and the 26
licensing or certifying agency shall not knowingly contract with, license, 27
exempt from licensure, certify, or otherwise authorize a person to be a 28
service provider if the person has pleaded guilty or nolo contendere to or 29
has been found guilty of: 30
(A) Any of the offenses listed in subsection (b) of this 31
section by any court in the State of Arkansas; 32
(B) Any similar offense by a court in another state; or 33
(C) Any similar offense by a federal court. 34
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SECTION 7. Arkansas Code § 20 -38-105(d)(1), concerning offenses that 36 HB1454
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do not disqualify a person from employment with a service provider based on a 1
criminal history records check, is amended to read as follows: 2
(d)(1) This section shall not disqualify a person from employment or 3
engagement in a contract with a service provider or licensure, exemption from 4
licensure, certification, or other operating authority as a service provider 5
if: 6
(A) The conviction or plea of guilty or nolo contendere 7
was for a misdemeanor offense; 8
(B) The date of the conviction or plea of guilty or nolo 9
contendere is at least five (5) years from the date of the request for the 10
criminal history records check; and 11
(C) The person has no criminal convictions or pleas of 12
guilty or nolo contendere of any type or nature during the five -year period 13
preceding the criminal history records check request. 14
15
SECTION 8. Arkansas Code § 20 -38-105(d)(3), concerning non -16
disqualifying offenses related to employment with a service provider based on 17
a criminal history records check, is amended to read as follows: 18
(3) This section does not disqualify a person from employment or 19
engagement in a contract with a service provider if: 20
(A) The conviction or plea of guilty or nolo contendere 21
was for any of the nonviolent offenses listed below: 22
(i) Theft by receiving, § 5 -36-106; 23
(ii) Forgery, § 5-37-201; 24
(iii) Financial identity fraud, § 5 -37-227; 25
(iv) Resisting arrest, § 5 -54-103; 26
(v) Criminal impersonation in the second degree, § 27
5-37-208(b); 28
(vi) Interference with visitation, § 5 -26-501; 29
(vii) Interference with court -ordered custody, § 5 -30
26-502; 31
(viii) Prostitution, § 5-70-102; and 32
(ix) Sexual solicitation, § 5 -70-103; 33
(B) The service provider wants to employ or contract with 34
the person; 35
(C) The person remains in employment or under contract 36 HB1454
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with the same service provider; 1
(D) The person has completed probation, parole, or post -2
release supervision, paid all court -ordered fees or fines, including 3
restitution, and fully complied with all court orders pertaining to the 4
conviction or plea; 5
(E) The person will be employed by or contracted with: 6
(i) A long-term care facility licensed by the Office 7
of Long-Term Care; 8
(ii) An intermediate care or other facility, 9
developmental day treatment clinic services provider, or group home licensed 10
or certified by the Division of Developmental Disabilities Services; or 11
(iii) A childcare facility or a church -exempt 12
childcare facility licensed by the Division of Child Care and Early Childhood 13
Education; 14
(F) Subsequent to employment, the person does not plead 15
guilty or nolo contendere to or is found guilty of any offense in subsection 16
(b) of this section; and 17
(G) The person does not have a true or founded report of 18
child maltreatment or adult maltreatment in a central registry. 19
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SECTION 9. Arkansas Code § 20 -38-105(e) and (f), concerning offenses 21
that do not disqualify a person from employment with a service provider based 22
on a criminal history records check, are amended to read as follows: 23
(e) A person shall not be disqualified from employment or engagement 24
in a contract with a service provider or licensure, exemption from licensure, 25
certification, or other operating authority as a service provider if the 26
person has been found guilty of or has pleaded guilty or nolo contendere to a 27
misdemeanor offense not listed in subsection (b) of this section, a similar 28
misdemeanor offense in another state, or a similar federal misdemeanor 29
offense. 30
(f) Even if the person would otherwise be disqualified under this 31
section, a person shall not be disqualified from employment or engagement in 32
a contract with a service provider or licensure, exemption from licensure, 33
certification, or other operating authority as a service provider if the 34
person: 35
(1) Was not disqualified on August 31, 2009; and 36 HB1454
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(2) Since August 31, 2009, has not been found guilty of or 1
pleaded guilty or nolo contendere to: 2
(A) An offense listed in subsection (b) of this section; 3
(B) A similar offense in another state; or 4
(C) A similar federal offense. 5
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SECTION 10. Arkansas Code § 20 -38-106 is amended to read as follows: 7
20-38-106. Evidence of criminal history records checks. 8
(a) A service provider shall maintain on file, subject to inspection 9
by the Arkansas Crime Information Center, the Identification Bureau of the 10
Division of Arkansas State Police, or the licensing or certifying agency 11
evidence that criminal history records checks have been completed on all 12
operators, applicants for employment, and employees of the service provider 13
and evidence that all operators, applicants for employment or engagement in a 14
contract, and employees of the service provider have been approved or 15
disqualified in accordance with the rules of the appropriate licensing or 16
certifying agency. 17
(b) If a service provider employs an applicant or continues the 18
employment of or contract with an employee who satisfied the criteria for a 19
waiver under § 20-38-105(d)(3), the service provider shall maintain 20
documentation that the person met the criteria for the waiver, including the 21
written acknowledgment by the licensing or certifying authority. 22
23
SECTION 11. Arkansas Code § 20 -38-110 is amended to read as follows: 24
20-38-110. Confidentiality. 25
(a) All reports obtained under this subchapter are confidential and 26
are restricted to the exclusive use of the Arkansas Crime Information Center, 27
the Identification Bureau of the Department of Arkansas State Police, and the 28
licensing or certifying agency or the third-party employee evaluation 29
service. 30
(b) The information contained in reports shall not be released or 31
otherwise disclosed to any other person or agency except by court order and 32
is specifically exempt from disclosure under the Freedom of Information Act 33
of 1967, § 25-19-101 et seq., except to the licensing or certifying agency or 34
the third-party employee evaluation service . 35
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SECTION 12. Arkansas Code § 20 -38-112(e)(2)(C) and (D), concerning 1
exclusions for criminal history records checks and completion of a criminal 2
history records checks, are amended to read as follows: 3
(C) The service provider maintains evidence acceptable to 4
the licensing or certifying agency that the service provider types for which 5
employment or engagement in a contract determinations and criminal history 6
records checks are accepted under this subsection are operated and 7
administered by the same service provider; and 8
(D) The service provider maintains an original or copy of 9
the determination letter for each employee at the service provider type for 10
which employment or engagement in a contract determinations and criminal 11
history records checks are accepted under this subsection and at which the 12
employee who is the subject of the determination letter is employed. 13
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