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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
]]]] 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 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