(a) Before a person may become an employee of any facility after that facility has received a temporary or regular license, that facility shall require that person to furnish to the department a preliminary records check application, and the department shall, under the procedures of Code Sections 31-7-252 and 31-7-253, have made a preliminary records check determination and sent notice thereof to the facility and employee. If the determination is unsatisfactory, the facility shall take such steps as are necessary so that such person is no longer an employee.

(b) Both temporary and regular licenses are subject to suspension or revocation or the department may refuse to issue a regular license if a person becomes a director or employee subsequent to the granting of a license and that person does not undergo the records checks applicable to that director or employee and receive a satisfactory determination.

(c) After the issuance of a regular or temporary license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when an unsatisfactory preliminary records check is received, when subsequent to a preliminary records check the department has reason to believe the applicant has a criminal record, or during the course of an abuse investigation involving the director or employee.

(d) No personal care home may have any person as an employee after January 1, 1986, unless there is on file in the personal care home an employment history for that person.

(e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor.