(A) Chapter 3701-13 of the Administrative Code applies only to persons who apply for employment in a position involving the provision of direct care to an older adult on or after January 27, 1997, including:
(1) A person who is paid directly by the DCP;
(2) A person who contracts as an independent contractor with the DCP to provide direct care on behalf of the DCP;
(3) A person who provides direct care on behalf of the DCP pursuant to a contract between the DCP and another business entity: and
(4) A person referred to the DCP by an employment service, temporary employment service or staffing pool.
(B) A DCP shall request a criminal records check on any person employed by the DCP in a position other than direct care prior to January 27, 1997, who then applies and is under final consideration for a position within the DCP that requires the provision of direct care to an older adult.
(C) The DCP is not required to request a criminal records check for a person, as described in paragraph (A)(1) of this rule, who was employed in a direct care position by the entity prior to January 27, 1997 and continues to be employed by the entity in a position involving the provision of direct care to an older adult.