April 2021 Arkansas HR Legal Updates

Arkansas Employers May Be Required to Administer Background Checks

Update Applicable to:
Arkansas healthcare providers.

What happened?
Arkansas has passed legislation updating the definitions used by the existing background check laws, Arkansas Code § 20-38-101. The new definitions for service providers do not encompass the healthcare industry.

What are the details?
Employers who fit the following criteria must now conduct criminal background checks on employees before hiring them:

  1. An entity that provides personal care services to individuals; or
  2. A long-term care facility; or
  3. An entity that provides services to or houses teens and youths.

The bill can be read here.

The full extent of the bill’s requirements, which is based on the existing code § 20-38-101, can be read here.

What do employers need to do?
Employers who fit the descriptions previously mentioned should update their hiring practices to include background checks.