Rule/Regulation Violated:
A.R.S.ยง 36-411. Residential care institutions; nursing care institutions; home health agencies; fingerprinting requirements; exemptions; definitions
A. Except as provided in subsection F of this section, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a home health agency and as a condition of employment in a residential care institution, a nursing care institution or a home health agency, employees and owners of residential care institutions, nursing care institutions or home health agencies, contracted persons of residential care institutions, nursing care institutions or home health agencies or volunteers of residential care institutions, nursing care institutions or home health agencies who provide medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services and who have not been subject to the fingerprinting requirements of a health professional's regulatory board pursuant to title 32 shall have valid fingerprint clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days of employment or beginning volunteer work or contracted work.
Evidence/Findings:
Based on record review and interview, the residential care institution failed to ensure compliance with A.R.S. \'a7 36-411(A), for one of one manager sampled. The deficient practice posed a risk if E2 was a danger to a vulnerable population, the Department was unable to determine substantial compliance as the documentation was not in the personnel record during the inspection, and the documentation was not provided within two hours after a Department request.
Findings include:
1. A review of E2's (hired in 2020) personnel record revealed a fingerprint clearance card with an expiration date of March 13, 2023.
2. A review of the Arizona Department of Public Safety fingerprint clearance card verification website revealed E2's fingerprint clearance card status was "Expired."
3. In an interview, E2 acknowledged E2's fingerprint clearance card was expired. E2 would not disclose whether E2 had or had not re-applied for a fingerprint clearance card.
Summary:
The following deficiency was found during the on-site compliance inspection and investigation of complaint 00107319 conducted on April 14, 2025: