(A) Chapter 3701-60 of the Administrative Code applies only to applicants to a home health agency for a position providing direct care, and to employees of a home health agency who provide direct care, including:
(1) A person who is paid directly by the home health agency;
(2) A person who contracts as an independent contractor to provide direct care on behalf of the home health agency;
(3) A person who provides direct care on behalf of a home health agency pursuant to a contract between the home health agency and another business entity; and
(4) A person referred to the home health agency by an employment service or staffing pool.
(B) The home health agency shall conduct a criminal records check on any applicant for a position providing direct care and on an employee who provides direct care on or after January 1, 2013.
(C) The home health agency is not required to update the criminal records check as required by paragraph (B) of rule 3701-60-04 of the Administrative Code, for employees who are direct care staff, but who work in the office and do not see individuals in their homes on a routine basis.