Oklahoma To Implement Fingerprinting Regulations for Long-Term Care Employment

By Michael Klazema on 10/28/2013

The bill revised sections of the state’s Long Term Care Security Act (63 Oklahoma Statute § 1-1944 et. seq.) that deals with public-health employment. Most of the amendments to the law became effective November 1, 2012.

The law, among other things, provides a revised list of disqualifying offenses for employment and certification of certified nurse aides. It authorizes fingerprint-based national criminal history background checks on applicants for employment in a variety of long-term care settings, including nurse aides (63 Oklahoma Statute § 1-1950.1). The Department of Health has proposed to stagger the effective dates for implementation of the fingerprint-based national background check requirement as follows (Dept. of Health Rule 310:2-29-3):

  1. Nurse aide scholarship programs – January 1, 2014
  2. State Department of health and Department of Human Services whose responsibilities include working inside long-term care facilities – January 1, 2014
  3. Adult day care centers – January 1, 2014
  4. Residential care homes – January 1, 2014
  5. Nursing or specialized facilities – January 15, 2014
  6. Assisted living facilities or continuum of care facilities – January 15, 2014
  7. Home health or home care agencies – February 1, 2014
  8. Medicaid home-and community-based services waivered providers – February 1, 2014
  9. Staffing agencies with a contracted relationship to provide staff with direct patient access to service recipients – February 1, 2014
  10. Independent contractors – February 1, 2014

A public hearing for the proposed regulations is scheduled for November 1, 2013, beginning at 11:00 a.m., at the Oklahoma State Department of Health, 1000 N.E. 10th Street, Room 1102, Oklahoma City, OK 73117-1207. Parties who are interested in submitting data, views or concerns about the proposed rules may attend the hearing, or submit the information in writing before November 1, 2013. Written communication should be sent to James Joslin, Chief, Health Resources, Development Service, Oklahoma State Department of Health, 1000 N.E. 10th Street, Oklahoma City, OK 73117-1207, or by e-mail to

Until the new regulations go into effect, employers should continue to obtain criminal history background records maintained by the Oklahoma State Bureau of Investigation. When the new regulations go into effect, employers will be required to conduct a national fingerprint-based criminal history record check on future nurse aide applicants. will keep clients updated about the implementation of the new regulations adopted by the department.

A copy of House Bill 2582 can be viewed here:

A copy of the proposed rules can be viewed here:

Tag Cloud
Recent Posts

Latest News

  • January 15 A viral news story at The Cleveland Clinic has reignited the debate over social media background checks. The hospital recently fired a medical resident with a history of anti-Semitic tweets.
  • January 10 To remain a competitive employment option for retail workers, Best Buy will begin offering childcare options for parents. 
  • January 07 The rise of the "gig economy" was rapid, and questions about safety for users of these new services grew along with the industry. Background check policies in the gig economy can be unclear or unevenly applied, leading to barriers for some seeking jobs.
  • January 04 A new service that offers background checks for babysitters has come under fire for racial bias, invasion of privacy, and non-compliance with FCRA requirements. Predictim has paused its launch due to controversy.
  • December 20 Trust between patient and practitioner is a critical part of a strong healthcare system. An investigation uncovered hundreds of doctors practicing in new locations after giving up their licenses following serious mistakes.
  • December 13

    As the food truck fad proves it has staying power, many local governments have looked for ways to protect their communities without constraining economic activity. The effort to strike the right balance is ongoing.

  • December 11 The Department of Health and Human Services Office of the Inspector General criticized a migrant youth detention center on the border for not running the proper background checks. Federal law requires the facility to screen all employees with FBI fingerprint checks.
  • December 11 What are education verification checks and why are they important? We look at why and how employers confirm the education histories of the people they hire.
  • December 06 In a bid to combat money laundering and illicit funding sources for terrorists flowing through the country's real estate sector, Singapore's government now mandates background checks for buyers purchasing properties prior to development.
  • December 04 What is a reference check? How does it vary from a work history check? We explore these questions and others.