Evidence/Findings:
Based on record review, documentation review, and interview, the governing authority failed to ensure compliance with A.R.S. \'a7 36-411, for six of six employees sampled.
A.R.S. \'a7 36-411 states, "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.
B. A health professional who has complied with the fingerprinting requirements of the health professional's regulatory board as a condition of licensure or certification pursuant to title 32 is not required to submit an additional set of fingerprints to the department of public safety pursuant to this section.
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.
D. An employee, an owner, a contracted person or a volunteer or a facility on behalf of the employee, the owner, the contracted person or the volunteer shall submit a completed application that is provided by the department of public safety within twenty days after the date the person begins work or volunteer service.
E. Except as provided in subsection F of this section, a residential care institution, nursing care institution or home health agency shall not allow an employee to continue employment or a volunteer or contracted person to continue to provide medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, has been denied approval pursuant to this section before May 7, 2001 or has had a fingerprint clearance card suspended or revoked.
F. An employee, volunteer or contractor of a residential care institution, nursing care institution or home health agency who is eligible pursuant to section 41-1758.07, subsection C to petition the board of fingerprinting for a good cause exception and who provides documentation of having applied for a good cause exception pursuant to section 41-619.55 but who has not yet received a decision is exempt from the fingerprinting requirements of this section if the person provides medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services to residents or patients while under the direct visual supervision of an owner or employee who has a valid fingerprint clearance card.
G. If a person's employment record contains a six-month or longer time frame during which the person was not employed by any employer, a completed application with a new set of fingerprints shall be submitted to the department of public safety.
H. For the purposes of this section:
1. "Direct supportive services":
(a) Means services other than home health services that provide direct individual care and that are not provided in a common area of a health care institution, including:
(i) Assistance with ambulating, bathing, toileting, grooming, eating and getting in and out of a bed or chair.
(ii) Assistance with self-administration of medication.
Findings include:
1. A review of E4's personnel record revealed E4 had been hired as a caregiver in April of 2023. E4's personnel record included a valid fingerprint clearance card and a list of previous employers. However, E4's personnel record did not include documentation of good faith efforts to contact more than one previous employer to obtain information or recommendations that may have been relevant to E4's fitness to work in a residential care institution, and did not include documentation of verification of the status of E4's fingerprint clearance card. Additionally, E4's employment history indicated E4 was not employed between November of 2021 and August of 2022, a gap of more than six months, however, E4's fingerprint clearance card had been issued in September of 2021, before the gap in employment, and documentation that E4 had submitted a new set of fingerprints to the Department of Public Safety was not available for review.
2. A review of E5's personnel record revealed E5 had been hired as a caregiver in July of 2023. E5's personnel record included a valid fingerprint clearance card and a list of previous employers. However, E5's personnel record did not include documentation of good faith efforts to contact more than one previous employer to obtain information or recommendations that may have been relevant to E5's fitness to work in a residential care institution, and did not include documentation of verification of the status of E5's fingerprint clearance card.
3. A review of E6's personnel record revealed E6 had been hired as a caregiver in March of 2024. E6's personnel record included a valid fingerprint clearance card and a list of previous employers. However, E6's personnel record did not include documentation of good faith efforts to contact more than one previous employer to obtain information or recommendations that may have been relevant to E6's fitness to work in a residential care institution, and did not include documentation of verification of the status of E6's fingerprint clearance card. Additionally, E6's employment history indicated E6 was not employed prior to April of 2021, however, E6's fingerprint clearance card had been issued in May of 2020, more than six months prior, and documentation that E6 had submitted a new set of fingerprints to the Department of Public Safety was not available for review.
4. A review of E7's personnel record revealed E7 had been hired as a caregiver in December of 2023. E7's personnel record included a valid fingerprint clearance card and a previous employer. However, E7's personnel record did not include documentation of good faith efforts to contact the previous employer to obtain information or recommendations that may have been relevant to E7's fitness to work in a residential care institution, and did not include documentation of verification of the status of E7's fingerprint clearance card.
5. A review of E8's personnel record revealed E8 had been hired as a cook in October of 2023. E8's personnel record included a valid fingerprint clearance card and a list of previous employers. However, E8's personnel record did not include documentation of verification of the status of E8's fingerprint clearance card.
6. A review of E9's personnel record revealed E9 had been hired as a housekeeper in November of 2021. E9's personnel record included a valid fingerprint clearance card and a list of previous employers. However, E9's personnel record did no
Summary:
An on-site investigation of complaint AZ00213092 was conducted on July 16, 2024, and the following deficiencies were cited :