Evidence/Findings:
Based on record review and interview, the manager failed to ensure a personnel record for each employee included documentation of compliance with the requirements in A.R.S. \'a7 36-411(A) and (C), for seven of nine personnel records sampled. The deficient practice posed a risk if the employees were a danger to a vulnerable population.
Findings include:
A.R.S. \'a7 36-411(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.
A.R.S. \'a7 36-411(C) Owners shall make documented, good faith efforts to: 1. Contact previous employers to obtain information or recommendations that may be relevant to a person's fitness to work in a residential care institution, nursing care institution or home health agency. 2. Verify the current status of a person's fingerprint clearance card.
1. A review of E1's (hired in 2023) personnel record revealed documentation of a valid fingerprint clearance card. However, documentation of compliance with the requirements in A.R.S. \'a7 36-411(C)(1) was not available for review.
2. In an interview, E1 reported E1's previous employers were contacted and documented, and this information was not available in E1's personnel record.
3. A review of E2's (hired in 2023) personnel record revealed documentation of a valid fingerprint clearance card. However, documentation of compliance with the requirements in A.R.S. \'a7 36-411(C)(1) was not available for review.
4. A review of E3's (hired in 2022) personnel record revealed documentation of compliance with the requirements in A.R.S. \'a7 36-411(A) and (C) was not available for review.
5. A review of the Arizona Department of Public Safety fingerprint clearance card website, conducted on July 27, 2023, revealed E3's fingerprint clearance card was not valid.
6. In an interview, E1 acknowledged E3's documentation of compliance with the requirements in A.R.S. \'a7 36-411(A) and (C) was not available for review.
7. A review of E4's (hired in 2023) personnel record revealed documentation of a valid fingerprint clearance card. However, documentation of compliance with the requirements in A.R.S. \'a7 36-411(C)(1) was not available for review.
8. A review of E5's (hired in 2023) personnel record revealed documentation of a valid fingerprint clearance card. However, documentation of compliance with the requirements in A.R.S. \'a7 36-411(C)(1) was not available for review.
9. A review of E6's (hired in 2022) personnel record revealed documentation of a valid fingerprint clearance card. However, documentation of compliance with the requirements in A.R.S. \'a7 36-411(C)(1) was not available for review.
10. A review of E8's (hired in 2023) personnel record revealed documentation of a valid fingerprint clearance card. However, documentation of compliance with the requirements in A.R.S. \'a7 36-411(C)(1) was not available for review.
11. In an interview, E1 acknowledged E4's, E5's, E6's, and E8's documentation of compliance with the requirements in A.R.S. \'a7 36-411(C)(1) were not available for review.
Summary:
No deficiencies were found during the on-site investigation of complaint 00137968 conducted on August 11, 2025.