5.__Confidentiality; access to information.__Information obtained as a result of a record check by the department and any facility or entity is confidential, may be used only as part of the employment process and may not be disclosed except as necessary in the employment of the employee or prospective employee.__The employee or prospective employee may apply to inspect and review criminal history record information pursuant to Title 16, section 620 and 28 Code of Federal Regulations, Sections 16.32 and 16.33.

6.__Rulemaking.__The department shall adopt rules to implement this section, including but not limited to rules regarding the management and storage of information obtained pursuant to this section and appeals of decisions based upon information obtained under this section.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill requires criminal history record checks for direct care employees and prospective employees of the Department of Mental Health, Mental Retardation and Substance Abuse Services and facilities and entities providing services to clients of the department. The bill provides for the confidentiality of criminal history record information and access and review for the person whose record is checked. The bill requires rulemaking as necessary to implement the new provision.