Responsibilities of the Department or the Employer

(1) The department or the employer shall ensure that all requirements of 118 CMR 15.00 have been met, as applicable. (2) In accordance with M.G.L. c. 19C, § 15, prior to employing, contracting with, or utilizing the services of a care provider, the department or the employer shall perform a search of the registry for the care provider's identity. The department or the employer shall require as a condition of employment the satisfactory completion of a registry search. The department or the employer shall offer employment, contract with, or agree to utilize services only after the results of a registry search have found the prospective care provider absent from the abuser registry. (3) The department or the employer shall ensure each prospective care provider signs a written consent to a search of the registry prior to performing the search. The department or the employer shall inform the prospective care provider that his or her personal information will be used to make a registry search. Documentation of such consent and notification shall be included in the employer's or the department's employment application materials. (4) A search of the registry shall be conducted on care providers who have had a break in employment of one year or more from the department or employer prior to recommencing employment in same manner as a prospective care provider pursuant to 118 CMR 15.03(2) and (3). (5) If the care provider's identifying information appears on the registry, or if the care provider declines to consent to a registry search, the department or the employer shall not employ, contract with, or utilize the services of the care provider. (6) If the department or the employer receives notification pursuant to 118 CMR 14.05: Notification Regarding Registrable Abuse Cases and Proceedings that it is currently employing, contracting with, or utilizing the services of a care provider listed on the registry, the department or employer shall immediately terminate the employment, contract, or utilization of services of said care provider. 7/23/21 118 CMR - 59 118 CMR: DISABLED PERSONS PROTECTION COMMISSION 15.03: continued (7) Upon any failure to hire or termination effective pursuant to 118 CMR 15.03, the department or employer shall provide the care provider with the contact information for the Commission.