2005 Legislation
Print Friendly

SENATE BILL NO. 1196 – Child/adult care, background check

SENATE BILL NO. 1196

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1196................................................by JUDICIARY AND RULES
BACKGROUND CHECKS - Adds to existing law relating to powers and duties of
the Department of Health and Welfare to authorize the Department to conduct
a pilot project of criminal history and background checks on individuals
who have access to vulnerable adults or children in long-term care
settings; to specify procedures; to specify requirements for disclosure by
the applicant; to provide review; to govern disclosure and immunity; and to
limit purposes of the check.
                                                                        
03/14    Senate intro - 1st rdg - to printing
03/15    Rpt prt - to Jud
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 31-0-3, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Williams
      NAYS -- None
      Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat
      vacant)
    Floor Sponsor - Lodge
    Title apvd - to House
03/22    House intro - 1st rdg - to Health/Wel
03/28    Rpt out - rec d/p - to 2nd rdg
03/29    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Lake, Nonini, Smith(24)
    Floor Sponsors - Nielsen & Martinez
    Title apvd - to Senate
03/30    To enrol - Rpt enrol - Pres signed
03/31    Sp signed - To Governor
04/06    Governor signed
         Session Law Chapter 312
         Effective: 07/01/05;
         09/30/07 Sunset Clause or when federal
         funding is no longer available

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1196
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND WELFARE RELATING
  3        TO A CRIMINAL HISTORY AND BACKGROUND CHECKS PILOT PROJECT; AMENDING  CHAP-
  4        TER  10,  TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1004A,
  5        IDAHO CODE, TO AUTHORIZE THE DEPARTMENT OF HEALTH AND WELFARE TO CONDUCT A
  6        PILOT PROJECT OF CRIMINAL HISTORY AND BACKGROUND CHECKS ON INDIVIDUALS WHO
  7        HAVE ACCESS TO VULNERABLE ADULTS OR CHILDREN IN LONG-TERM  CARE  SETTINGS,
  8        TO  SPECIFY  PROCEDURES,  TO  SPECIFY  REQUIREMENTS  FOR DISCLOSURE BY THE
  9        APPLICANT, TO PROVIDE REVIEW, TO GOVERN DISCLOSURE  AND  IMMUNITY  AND  TO
 10        LIMIT  PURPOSES OF THE CHECK; AND PROVIDING SUNSET OF THIS ACT AT THE TIME
 11        OR UNDER THE CONDITIONS SPECIFIED.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Chapter 10, Title 56, Idaho Code, be,  and  the  same  is
 14    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 15    ignated as Section 56-1004A, Idaho Code, and to read as follows:
                                                                        
 16        56-1004A.  CRIMINAL HISTORY AND BACKGROUND CHECKS PILOT  PROJECT.  (1)  To
 17    assist  in  the protection of children and vulnerable adults, and for the pur-
 18    pose of participating in a pilot project, the  legislature  hereby  authorizes
 19    the  department  of  health  and welfare to conduct criminal history and back-
 20    ground checks of providers, employees  and  contractors  who  have  access  to
 21    patients  in  long-term  care settings. Long-term care facilities or providers
 22    include nursing facilities, institutional care  facilities  for  the  mentally
 23    retarded,  residential or assisted living facilities, long-term care hospitals
 24    or hospitals with swing beds, and home health and hospice providers. The crim-
 25    inal history and background checks for long-term care providers, employees and
 26    contractors will be funded through the federal grant at no cost to  the  long-
 27    term care providers, employees, or contractors.
 28        (2)  The criminal history and background check will be a fingerprint-based
 29    check  of state and national records and may include information from the fol-
 30    lowing:
 31        (a)  Statewide criminal identification bureau;
 32        (b)  Federal bureau of investigation (FBI);
 33        (c)  National crime information center;
 34        (d)  Statewide sex offender registry;
 35        (e)  Idaho transportation department driving records;
 36        (f)  Adult and child protection registries; and
 37        (g)  Nurse aide registry.
 38        (3)  Each individual who has patient access is required  to  complete  the
 39    criminal  history  and  background check process. The department of health and
 40    welfare shall promulgate rules to further define  those  individuals  and  the
 41    effective  date.  Each  applicant  must  sign forms provided by the department
 42    authorizing the department to obtain and  release  information  in  accordance
 43    with  state  and  federal  law.  The  applicant  must disclose all information
                                                                        
                                           2
                                                                        
  1    requested,  including  information  on  past  convictions,  driver's   license
  2    revocations,  and  known adult or child protection findings. Once this disclo-
  3    sure is made, the department  shall make a  preliminary  determination  as  to
  4    whether the individual may have access to individuals in a long-term care set-
  5    ting  on  a  provisional basis pending the final determination. Long-term care
  6    facilities or providers may not allow an individual to provide  care  or  have
  7    patient access until the applicant is given a provisional status.
  8        (4)  The  department shall review the information received from the crimi-
  9    nal history and background check and determine whether  the  applicant  has  a
 10    criminal  or  other  relevant record that would disqualify the individual. The
 11    department shall determine which crimes disqualify the applicant and for  what
 12    period  of time according to existing rules. The process for the check and the
 13    issuance of a clearance or denial is also set  forth  in  existing  department
 14    rules. The applicant shall be provided an opportunity for a formal review of a
 15    denial.  The department shall communicate clearance or denial to the applicant
 16    and the applicant's employer.
 17        (5)  Applicants who knowingly fail to disclose information  on  the  forms
 18    provided or who falsify information may be subject to criminal penalties under
 19    chapter 32, title 18, Idaho Code.
 20        (6)  The  department,  or an employer of an applicant, who acts in reason-
 21    able reliance on the results of the criminal history and background  check  in
 22    making an employment decision, is immune from liability for that decision when
 23    it is based on such results.
 24        (7)  Clearance  through  the criminal history and background check process
 25    is not a determination of suitability for employment.
                                                                        
 26        SECTION 2.  The provisions of  this act shall be  null,  void  and  of  no
 27    force  and  effect on and after September 30, 2007, or when federal funding is
 28    no longer available for the costs, whichever occurs first.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15094

This legislation provides the necessary statutory authority for
Department of Health and Welfare to participate in a federally
funded pilot program to conduct criminal history and background
checks on providers, employees, and contractors, who have access
to vulnerable Idahoans in long term care settings.  This statute
would also provide immunity for employers who rely on the results
of the criminal history background checks for employment
decisions, and provides for expiration after the federal funded
pilot program ends.  This legislation has support from the
providers associations who are participating with the Department
in planning for the pilot program.



                         FISCAL NOTE
                                
There is no fiscal impact to the state general funds.  The pilot
program will be funded with 100 percent federal funds.  The
Department of Health and Welfare will evaluate any future potential
fiscal impacts or fees that may be incurred after the pilot
program, and will provide that information to the Legislature for
review and approval.



CONTACT
Name:     Dave Butler
Agency:   Health and Welfare
Phone:    334-5578               
  



STATEMENT OF PURPOSE/FISCAL NOTE                    S 1196