(1) A program may not employ any staff member, aide, volunteer, or other person having direct contact with the program participants in the residential or outdoor program that poses a potential threat to the health, safety, or well being of any program participant.

(2) For purposes of this rule, a person "posing a potential threat" is any person who:

(a) within the past ten years, has been convicted of a crime involving youth under the age of 18 years, physical or sexual violence against any person, or any felony drug related offense; or

(b) is charged with a crime involving youth under the age of 18 years, physical or sexual violence against any person, any felony drug related offense, or is awaiting trial on the charges listed above.

(3) Each program shall have written policy and procedures to ensure program compliance with (1). The policy and procedures must include the requirement to notify the board in any case where any current program staff member, aide, volunteer, or other person having direct contact with program participants is identified as "posing a potential threat" under this rule.

(4) Failure of any program to comply with this rule constitutes unprofessional conduct and could form a basis for action being taken against the program's license.