Section 12.05 - Fingerprint-based Check of the State and National Criminal History(1) In accordance with M.G.L. c. 19B, §§ 19 and 20, the following persons shall be required to undergo a fingerprint-based check of the state and national criminal history databases to determine suitability for initial or continued employment, licensure, certification, funding or approval: (a) All applicants for licensure, certification or approval, for any facility or program offering residential or day services to a person with intellectual disability or any other applicant licensed or regulated by the Department under M.G.L. c. 19B, § 15 whose applications are submitted on or after January 1, 2016. Fingerprint-based checks shall also be required for any household member or other person(s) 15 years of age or older regularly on the premises of such applicants for residential care licensure.
(b) All prospective employees in any Department or vendor licensed, funded, or approved program who have the potential for unsupervised contact hired to begin employment on or after January 1, 2016.(c) All person(s) providing residential or support services who have the potential for unsupervised contact in any Department or vendor program, whose application was submitted or who was hired to begin employment on or after January 1, 2016. Fingerprint-based checks shall also be required for any household member or other person(s) 15 years of age or older regularly on the premises of such residential facilities.
(d) Current employees in any Department or vendor licensed, funded, or approved program who have the potential for unsupervised contact hired prior to January 1, 2016, shall submit fingerprints for state and national criminal history checks no later than January 1, 2019.(e) Programs, agencies, or persons currently licensed, certified or approved by the Department, licensed or regulated by M.G.L. c. 19B, § 15 whose current license or approval was issued prior to January 1, 2016, shall comply with the requirement 115 CMR 12.00 upon renewal of licensure, certification, approval or funding, on or before January 1, 2019. Fingerprint-based checks shall also be required for any household member or other person(s) 15 years of age or older regularly on the premises of such currently licensed, certified or approved residential care providers.
(f) Notwithstanding anything in 115 CMR 12.00, a fingerprint-based check of the state and national criminal history databases may be required for any person determined in the Department's discretion to be subject to such check in accordance with M.G.L. c. 19B, §§ 19 and 20.(2) The Department may conduct or review the results of fingerprint-based checks of the state and national criminal history databases of any person subject to M.G.L. c. 19B, §§ 19 and 20 to evaluate suitability for continued employment, licensure, certification or approval at other times subject to its discretion. Notwithstanding the foregoing, the Department shall not take any action based on said review unless it reveals criminal activity since the prior check was conducted.(3) Any person determined in the Department's discretion to require a fingerprint-based check of the state and national criminal history databases pursuant to M.G.L. c. 19B, §§ 19 and 20 to evaluate suitability for employment, licensure, certification, funding or approval shall undergo a fingerprint scan and DDS Criminal Background Check in accordance with such timelines as established by the Department.(4) Notwithstanding the provisions of 115 CMR 12.00, a person approved for hire by EEC following a fingerprint-based check of state and national criminal history databases in accordance with 606 CMR 14.00: Criminal Offender and Other Background Record Checks, shall not be subject to another fingerprint check under 115 CMR 12.00 for employment with the same hiring authority within three years of the EEC approval for hire.Adopted by Mass Register Issue 1326, eff. 11/18/2016.