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Oklahoma Amends its Long-Term Care Provisions

22 May

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Update Applicable to:Effective date
All covered employers in OklahomaNovember 1, 2024


What happened?

On April 24, 2024, the Oklahoma Governor signed SB 1511 into law, amending Long-Term care and elements of employment eligibility.


What are the details?


Key bites

  • Before a Nurse Aide (as defined in the Long-Term Care Security Act – the law) begins employment or a contract with an employer (as defined in the law), there is a requirement for a background check (known as a criminal history background check).
  • If the provisions about registry screenings and national criminal history record checks are not in effect pending an effective date established in rulemaking, an employer is authorized to obtain any criminal history background records maintained by the Oklahoma State Bureau of Investigation (the Bureau).
  • Every employer must disclose to any applicant that they are required to perform a background check before making a permanent employment offer or contract.
  • If the result of said background check reflects, in any state or federal jurisdiction, “…that the subject person has been convicted of, pled guilty or no contest to, or received a deferred sentence for, a felony or misdemeanor offense for any of the following offenses in any state or federal jurisdiction…”, the employer shall not hire or contract with the person. The added felonies were:
    • b. rape, incest, sodomy, or any crime that resulted in the person being registered on a sex offender registry at any time,  
    • g. human trafficking,
  • There is a reduction in the waiting time after the completion of the sentence, from 7 years to 5 years.
  • This measure also modifies the duration in which an employer can hire a nurse aide with a criminal record, reducing it from seven (7) years to five (5) years. The standard lookback period for all background checks is 7 years, so this varies slightly
  • The employer shall not hire or contract with the person.
    • The reasons are the same as above (conviction, plead guilty or no contest, or received a deferred sentence).
    • The felonies are defined in literals a to k.


Business Considerations

  • Employers should review and update their onboarding policies and practices, especially the ones relating to background checks.


Source References


Resources

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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