Section 13 110 004 - RULES REGARDING ACCESS TO RECORDS OF CONVICTIONSSection I Statutory Basis These rules are promulgated pursuant to 33 V.S.A. § 6914, relating to access to criminal records.
Section II Purpose Chapter 69 of Title 33 is intended to protect persons who are vulnerable as a result of their age or their physical or mental conditions, or both. To provide such protection, it is important for those who are employing persons to care for elderly or disabled adults to have access to the records of convictions of current employees or those persons to whom a conditional offer of employment has been made. This rule is intended to outline how such access to criminal records can be obtained from the commissioner. Such access will reduce the risk that the health and welfare of elderly and disabled adults will be adversely affected through abuse, neglect or exploitation.
Section III Definitions The terms used in these rules are used and defined as they are used and defined in 33 V.S.A. § 6902.
A. "Commissioner" means the Commissioner of the Department of Aging and Disabilities.B. "Disabled adult" means a person eighteen years of age or older, who has a diagnosed physical or mental impairment.C. "Elderly adult" means an individual who is sixty years of age or older.D. "Owner or operator" means the owner or operator of a hospital, nursing home, residential care home, certified home health agency, intermediate care facility for adults with mental retardation, therapeutic community residence, and group home and developmental home under contract with the department of mental health and mental retardation, as set forth in 33 V.S.A. § 6911(c)(3).Section IV Procedures A. In order to obtain a record of convictions for an employee or a person to whom a conditional offer of employment has been made, an owner or operator must file a written request for the record of convictions with the commissioner.B. The written request must state that the individual for whom the record of convictions is sought is a current employee or a person to whom a conditional offer of employment has been made. The request also must state that the current or prospective employee is or will be providing care to an elderly or disabled adult.C. The written request must be accompanied by a signed release from the current or prospective employee, giving permission for the commissioner to check the record of criminal convictions for that individual.D. When the Vermont Crime Information Center returns the form to the Commissioner indicating whether or not the employee has a record of convictions, the Commissioner will send the completed form to the owner or operator. The form will indicate the date and type of conviction(s), or the lack thereof.E. Information released to an owner or operator pursuant to these rules shall not be released or disclosed by the owner or operator to any person other than the current or prospective employee. Failure to comply with this provision of the Rule could result in a fine of up to $ 500.00, in accordance with 33 V.S.A. § 6914(c).13-004 Code Vt. R. 13-110-004-X
Effective Date: October 1, 1994, Secretary of State Log # 94-37