AR
Arkansas House Bill HB1454

Arkansas 2025 Regular Session

Arkansas House Bill HB1454 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 674 of the Regular Session
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5-State of Arkansas As Engrossed: S4/3/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1454 3
86 4
97 By: Representative Bentley 5
10-By: Senator Irvin 6
8+ 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO AMEND THE LAWS CONCERNING CRIMINAL HISTORY 9
1412 RECORDS CHECKS FOR EMPLOYEES OF SERVICE PROVIDERS; TO 10
1513 ALLOW THIRD-PARTY EMPLOYEE EVALUATION SERVICES TO 11
1614 PERFORM CRIMINAL HISTORY RECORDS CHECKS; TO INCLUDE 12
1715 INDEPENDENT CONTRACTORS; AND FOR OTHER PURPOSES. 13
1816 14
1917 15
2018 Subtitle 16
2119 TO AMEND THE LAWS CONCERNING CRIMINAL 17
2220 HISTORY RECORDS CHECKS FOR EMPLOYEES OF 18
2321 SERVICE PROVIDERS; TO ALLOW THIRD -PARTY 19
2422 EMPLOYEE EVALUATION SERVICES TO PERFORM 20
2523 CRIMINAL HISTORY RECORDS CHECKS; AND TO 21
2624 INCLUDE INDEPENDENT CONTRACTORS. 22
2725 23
2826 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2927 25
3028 SECTION 1. Arkansas Code § 20 -38-101 is amended to read as follows: 26
3129 20-38-101. Definitions. 27
3230 As used in this chapter: 28
3331 (1) “Care” means treatment, services, assistance, education, 29
3432 training, instruction, or supervision for which the service provider is 30
3533 compensated either directly or indirectly; 31
3634 (2) “Determination” means the determination made by either the 32
3735 licensing or certifying agency or the third-party employee evaluation service 33
3836 that a service provider, operator, applicant for employment with, or employee 34
3937 of a service provider is or is not disqualified from licensure, exemption 35
40-from licensure, certification, any other operating authority, or employment 36 As Engrossed: S4/3/25 HB1454
38+from licensure, certification, any other operating authority, or employment 36 HB1454
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4541 based on the criminal history of the service provider, operator, applicant, 1
4642 or employee; 2
4743 (3)(A) “Employee” means any person who: 3
4844 (i) Has unsupervised access to clients of a service 4
4945 provider, except as provided in subdivision (3)(B) of this section; and 5
5046 (ii) Meets any of the following criteria: 6
5147 (a) Provides care to clients of a service 7
5248 provider on behalf of, under the supervision of, or by arrangement with the 8
5349 service provider; 9
5450 (b) Is employed by a service provider to 10
5551 provide care to clients of the service provider; 11
5652 (c) Is engaged as an independent contractor to 12
5753 provide care to clients of a service provider; 13
5854 (c)(d) Is a temporary employee placed by an 14
5955 employment agency with a service provider to provide care to clients of the 15
6056 service provider; or 16
6157 (d)(e) Resides in an alternative living home 17
6258 in which services are provided to individuals with developmental 18
6359 disabilities. 19
6460 (B) “Employee” does not include a person who: 20
6561 (i) Is a family member of a client receiving care 21
6662 from a service provider; 22
6763 (ii) Is a volunteer; or 23
6864 (iii) Works in an administrative capacity and does 24
6965 not have unsupervised access to clients of a service provider; 25
7066 (4) “Licensing or certifying agency” means the state agency 26
7167 charged with licensing, exempting from licensure, certifying, or granting 27
7268 other operating authority to a service provider; 28
7369 (5) “National criminal history records check” means a review of 29
7470 criminal history records maintained by the Federal Bureau of Investigation 30
7571 based on fingerprint identification or other positive identification methods; 31
7672 (6) “Operator” means the person signing the application of a 32
7773 service provider for licensure, exemption from licensure, certification, or 33
7874 any other operating authority; 34
7975 (7) “Registry records check” means the review of one (1) or more 35
80-database systems maintained by a state agency that contain information 36 As Engrossed: S4/3/25 HB1454
76+database systems maintained by a state agency that contain information 36 HB1454
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8579 relative to a person's suitability for licensure, certification, exemption 1
8680 from licensure, or any other operating authority to be a service provider or 2
8781 for employment with a service provider to provide care; 3
8882 (8) “Report” means a statement of the criminal history of a 4
8983 service provider, operator, applicant for employment with, or employee of a 5
9084 service provider issued by the Identification Bureau of the Division of 6
9185 Arkansas State Police; 7
9286 (9) “Service provider” means any of the following: 8
9387 (A) An Alternative Community Services Waiver Program 9
9488 provider certified by the Division of Developmental Disabilities Services; 10
9589 (B) A childcare facility as defined by § 20 -78-202; 11
9690 (C) A church-exempt childcare facility as recognized under 12
9791 § 20-78-209; 13
9892 (D) An early intervention program provider certified by 14
9993 the Division of Developmental Disabilities Services; 15
10094 (E) A home- and community-based health services provider 16
10195 certified by the Division of Provider Services and Quality Assurance; 17
10296 (F) A home healthcare service under § 20 -10-801; 18
10397 (G) A hospice program under § 20 -7-117; 19
10498 (H) A long-term care facility as defined by § 20 -10-702; 20
10599 (I) A nonprofit community program as defined by § 20 -48-21
106100 101; 22
107101 (J) An entity that provides personal care services to 23
108102 individuals; 24
109103 (K) A long-term care facility under § 20 -10-1202; or 25
110104 (L) An entity that provides services to or houses teens 26
111105 and youths; and 27
112106 (10) “State criminal history records check” means a review of 28
113107 state criminal history records conducted by the Identification Bureau of the 29
114108 Division of Arkansas State Police ; and 30
115109 (11) “Third-party employee evaluation service” means an 31
116110 independent, third-party service, not associated with either the licensing or 32
117111 certifying agency or the service provider, authorized or otherwise eligible 33
118112 under state and federal law to perform national criminal history records 34
119113 checks and state criminal history records checks in order to provide the 35
120-determination of eligibility for employment under this subchapter . 36 As Engrossed: S4/3/25 HB1454
114+determination of eligibility for employment under this subchapter . 36 HB1454
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125117 1
126118 SECTION 2. Arkansas Code § 20 -38-103(a)(1) and (2), concerning a 2
127119 service provider informing applicants and employees of service providers that 3
128120 employment is contingent on a criminal history records check, are amended to 4
129121 read as follows: 5
130122 (a)(1) Before making an offer of employment or engaging as an 6
131123 independent contractor , a service provider shall inform an applicant that 7
132124 employment is contingent on the satisfactory results of criminal history 8
133125 records checks. 9
134126 (2) If a service provider intends to make an offer of employment 10
135127 to or contract with an applicant, the service provider shall conduct criminal 11
136128 history records checks on the applicant under this section. 12
137129 13
138130 SECTION 3. Arkansas Code § 20 -38-103(b), concerning conditionally 14
139131 employment for applicants and employees of service providers pending a 15
140132 criminal history records check, is amended to read as follows: 16
141133 (b) After a service provider satisfies the regulatory requirements of 17
142134 the appropriate licensing or certifying agency governing registry checks of 18
143135 applicants for employment or engagement in a contract , the service provider 19
144136 may conditionally employ or contract with an applicant pending receipt of a 20
145137 determination from the appropriate licensing or certifying agency or from a 21
146138 third-party employee evaluation service . 22
147139 23
148140 SECTION 4. Arkansas Code § 20 -38-103(c)(2)(B)(iii), concerning 24
149141 criminal history records checks for temporary employees of service providers, 25
150142 is amended to read as follows: 26
151143 (iii) Provide copies of the documentation to the 27
152144 service provider, which shall be made available to the appropriate licensing 28
153145 or certifying agency or the third-party employee evaluation service upon 29
154146 request. 30
155147 31
156148 SECTION 5. Arkansas Code § 20 -38-103(d) and (e), concerning criminal 32
157149 history records checks for applicants and employees of service providers, are 33
158150 amended to read as follows: 34
159151 (d) A service provider shall inform employees that continued 35
160-employment or contractual engagement is contingent on the satisfactory 36 As Engrossed: S4/3/25 HB1454
152+employment or contractual engagement is contingent on the satisfactory 36 HB1454
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165155 results of criminal history records checks and shall conduct periodic 1
166156 criminal history records checks on all employees no less than one (1) time 2
167157 every five (5) years. 3
168158 (e)(1)(A) When a service provider initiates a request for a state 4
169159 criminal history records check on an applicant for employment or contract 5
170160 with or an employee of the service provider, the Identification Bureau of the 6
171161 Division of Arkansas State Police shall issue within twenty -four (24) hours 7
172162 an electronic report to the licensing or certifying agency. 8
173163 (B) When a licensing or certifying agency submits a 9
174164 request for a national criminal history records check on an applicant for 10
175165 employment or contract with or an employee of the service provider, the 11
176166 Identification Bureau of the Division of Arkansas State Police shall issue a 12
177167 report to the licensing or certifying agency within ten (10) days after 13
178168 receipt of the results of the national criminal history records check from 14
179169 the Federal Bureau of Investigation. 15
180170 (2) After receipt of a report from the Identification Bureau of 16
181171 the Division of Arkansas State Police, the licensing or certifying agency 17
182172 shall determine whether the applicant or employee is disqualified from 18
183173 employment or contract with the service provider based on the criminal 19
184174 history of the applicant or employee and shall forward its determination to 20
185175 the service provider. 21
186176 (3)(A)(i) If the licensing or certifying agency or the third-22
187177 party employee evaluation service determines that an applicant or employee is 23
188178 disqualified from employment or engagement in a contract based on the 24
189179 criminal history of the applicant or employee, the service provider shall 25
190180 deny employment to the applicant or shall terminate the employment of the 26
191181 employee. 27
192182 (ii)(a) If the applicant or employee is 28
193183 disqualified from employment based on the criminal history and the service 29
194184 provider wants to employ the applicant or continue to employ the employee, 30
195185 the service provider shall provide written notice to the licensing or 31
196186 certifying agency or the third-party employee evaluation service of the 32
197187 person's identity and that the service provider has determined that the 33
198188 person is not disqualified from employment because the person satisfies the 34
199189 criteria for a waiver under § 20 -38-105(d)(3). 35
200- (b) After receipt of written acknowledgment 36 As Engrossed: S4/3/25 HB1454
190+ (b) After receipt of written acknowledgment 36 HB1454
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205193 from the licensing or certifying agency or the third-party employee 1
206194 evaluation service that the service provider has determined that the 2
207195 applicant or employee is not disqualified from employment because the person 3
208196 satisfies the criteria for a waiver under § 20 -38-105(d)(3), the service 4
209197 provider may employ the applicant or continue the employment of the employee. 5
210198 (B) If the licensing or certifying agency or the 6
211199 third-party employee evaluation service issues a determination that an 7
212200 applicant or employee is not disqualified from employment or if there is no 8
213201 criminal history on an applicant or employee, the service provider may employ 9
214202 the applicant or continue the employment of the employee. 10
215203 11
216204 SECTION 6. Arkansas Code § 20 -38-105(a), concerning disqualification 12
217205 from employment with a service provider based on a criminal history records 13
218206 check, is amended to read as follows: 14
219207 (a)(1) Except as provided in subsection (d) of this section, the 15
220208 licensing or certifying agency shall issue a determination that a person is 16
221209 disqualified as a service provider, operator, or from employment or 17
222210 engagement in a contract as an independent contractor with a service provider 18
223211 if the person has pleaded guilty or nolo contendere to or has been found 19
224212 guilty of: 20
225213 (A) Any of the offenses listed in subsection (b) of this 21
226214 section by any court in the State of Arkansas; 22
227215 (B) Any similar offense by a court in another state; or 23
228216 (C) Any similar offense by a federal court. 24
229217 (2) Except as provided in subsection (d) of this section, a 25
230218 service provider shall not knowingly employ or contract with a person and the 26
231219 licensing or certifying agency shall not knowingly contract with, license, 27
232220 exempt from licensure, certify, or otherwise authorize a person to be a 28
233221 service provider if the person has pleaded guilty or nolo contendere to or 29
234222 has been found guilty of: 30
235223 (A) Any of the offenses listed in subsection (b) of this 31
236224 section by any court in the State of Arkansas; 32
237225 (B) Any similar offense by a court in another state; or 33
238226 (C) Any similar offense by a federal court. 34
239227 35
240- SECTION 7. Arkansas Code § 20 -38-105(d)(1), concerning offenses that 36 As Engrossed: S4/3/25 HB1454
228+ SECTION 7. Arkansas Code § 20 -38-105(d)(1), concerning offenses that 36 HB1454
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245231 do not disqualify a person from employment with a service provider based on a 1
246232 criminal history records check, is amended to read as follows: 2
247233 (d)(1) This section shall not disqualify a person from employment or 3
248234 engagement in a contract with a service provider or licensure, exemption from 4
249235 licensure, certification, or other operating authority as a service provider 5
250236 if: 6
251237 (A) The conviction or plea of guilty or nolo contendere 7
252238 was for a misdemeanor offense; 8
253239 (B) The date of the conviction or plea of guilty or nolo 9
254240 contendere is at least five (5) years from the date of the request for the 10
255241 criminal history records check; and 11
256242 (C) The person has no criminal convictions or pleas of 12
257243 guilty or nolo contendere of any type or nature during the five -year period 13
258244 preceding the criminal history records check request. 14
259245 15
260246 SECTION 8. Arkansas Code § 20 -38-105(d)(3), concerning non -16
261247 disqualifying offenses related to employment with a service provider based on 17
262248 a criminal history records check, is amended to read as follows: 18
263249 (3) This section does not disqualify a person from employment or 19
264250 engagement in a contract with a service provider if: 20
265251 (A) The conviction or plea of guilty or nolo contendere 21
266252 was for any of the nonviolent offenses listed below: 22
267253 (i) Theft by receiving, § 5 -36-106; 23
268254 (ii) Forgery, § 5-37-201; 24
269255 (iii) Financial identity fraud, § 5 -37-227; 25
270256 (iv) Resisting arrest, § 5 -54-103; 26
271257 (v) Criminal impersonation in the second degree, § 27
272258 5-37-208(b); 28
273259 (vi) Interference with visitation, § 5 -26-501; 29
274260 (vii) Interference with court -ordered custody, § 5 -30
275261 26-502; 31
276262 (viii) Prostitution, § 5-70-102; and 32
277263 (ix) Sexual solicitation, § 5 -70-103; 33
278264 (B) The service provider wants to employ or contract with 34
279265 the person; 35
280- (C) The person remains in employment or under contract 36 As Engrossed: S4/3/25 HB1454
266+ (C) The person remains in employment or under contract 36 HB1454
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285269 with the same service provider; 1
286270 (D) The person has completed probation, parole, or post -2
287271 release supervision, paid all court -ordered fees or fines, including 3
288272 restitution, and fully complied with all court orders pertaining to the 4
289273 conviction or plea; 5
290274 (E) The person will be employed by or contracted with: 6
291275 (i) A long-term care facility licensed by the Office 7
292276 of Long-Term Care; 8
293277 (ii) An intermediate care or other facility, 9
294278 developmental day treatment clinic services provider, or group home licensed 10
295279 or certified by the Division of Developmental Disabilities Services; or 11
296280 (iii) A childcare facility or a church -exempt 12
297281 childcare facility licensed by the Division of Child Care and Early Childhood 13
298282 Education; 14
299283 (F) Subsequent to employment, the person does not plead 15
300284 guilty or nolo contendere to or is found guilty of any offense in subsection 16
301285 (b) of this section; and 17
302286 (G) The person does not have a true or founded report of 18
303287 child maltreatment or adult maltreatment in a central registry. 19
304288 20
305289 SECTION 9. Arkansas Code § 20 -38-105(e) and (f), concerning offenses 21
306290 that do not disqualify a person from employment with a service provider based 22
307291 on a criminal history records check, are amended to read as follows: 23
308292 (e) A person shall not be disqualified from employment or engagement 24
309293 in a contract with a service provider or licensure, exemption from licensure, 25
310294 certification, or other operating authority as a service provider if the 26
311295 person has been found guilty of or has pleaded guilty or nolo contendere to a 27
312296 misdemeanor offense not listed in subsection (b) of this section, a similar 28
313297 misdemeanor offense in another state, or a similar federal misdemeanor 29
314298 offense. 30
315299 (f) Even if the person would otherwise be disqualified under this 31
316300 section, a person shall not be disqualified from employment or engagement in 32
317301 a contract with a service provider or licensure, exemption from licensure, 33
318302 certification, or other operating authority as a service provider if the 34
319303 person: 35
320- (1) Was not disqualified on August 31, 2009; and 36 As Engrossed: S4/3/25 HB1454
304+ (1) Was not disqualified on August 31, 2009; and 36 HB1454
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325307 (2) Since August 31, 2009, has not been found guilty of or 1
326308 pleaded guilty or nolo contendere to: 2
327309 (A) An offense listed in subsection (b) of this section; 3
328310 (B) A similar offense in another state; or 4
329311 (C) A similar federal offense. 5
330312 6
331313 SECTION 10. Arkansas Code § 20 -38-106 is amended to read as follows: 7
332314 20-38-106. Evidence of criminal history records checks. 8
333315 (a) A service provider shall maintain on file, subject to inspection 9
334316 by the Arkansas Crime Information Center, the Identification Bureau of the 10
335317 Division of Arkansas State Police, or the licensing or certifying agency 11
336318 evidence that criminal history records checks have been completed on all 12
337319 operators, applicants for employment, and employees of the service provider 13
338320 and evidence that all operators, applicants for employment or engagement in a 14
339321 contract, and employees of the service provider have been approved or 15
340322 disqualified in accordance with the rules of the appropriate licensing or 16
341323 certifying agency. 17
342324 (b) If a service provider employs an applicant or continues the 18
343325 employment of or contract with an employee who satisfied the criteria for a 19
344326 waiver under § 20-38-105(d)(3), the service provider shall maintain 20
345327 documentation that the person met the criteria for the waiver, including the 21
346328 written acknowledgment by the licensing or certifying authority. 22
347329 23
348330 SECTION 11. Arkansas Code § 20 -38-110 is amended to read as follows: 24
349331 20-38-110. Confidentiality. 25
350332 (a) All reports obtained under this subchapter are confidential and 26
351333 are restricted to the exclusive use of the Arkansas Crime Information Center, 27
352334 the Identification Bureau of the Department of Arkansas State Police, and the 28
353335 licensing or certifying agency or the third-party employee evaluation 29
354336 service. 30
355337 (b) The information contained in reports shall not be released or 31
356338 otherwise disclosed to any other person or agency except by court order and 32
357339 is specifically exempt from disclosure under the Freedom of Information Act 33
358340 of 1967, § 25-19-101 et seq., except to the licensing or certifying agency or 34
359341 the third-party employee evaluation service . 35
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365345 SECTION 12. Arkansas Code § 20 -38-112(e)(2)(C) and (D), concerning 1
366346 exclusions for criminal history records checks and completion of a criminal 2
367347 history records checks, are amended to read as follows: 3
368348 (C) The service provider maintains evidence acceptable to 4
369349 the licensing or certifying agency that the service provider types for which 5
370350 employment or engagement in a contract determinations and criminal history 6
371351 records checks are accepted under this subsection are operated and 7
372352 administered by the same service provider; and 8
373353 (D) The service provider maintains an original or copy of 9
374354 the determination letter for each employee at the service provider type for 10
375355 which employment or engagement in a contract determinations and criminal 11
376356 history records checks are accepted under this subsection and at which the 12
377357 employee who is the subject of the determination letter is employed. 13
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