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S1327................................................by JUDICIARY AND RULES VULNERABLE ADULTS/CHILDREN - Amends existing law to provide for criminal background checks for individuals who have unsupervised contact with vulnerable adults and children; to require a notarized application authorizing the Department of Health and Welfare to obtain and release information; to remove provisional status provisions; to permit employers to allow an individual to provide care or services pending completion of the criminal history and background check if the individual has not disclosed a designated crime; to provide immunity from liability; to remove criminal penalties for a knowing failure to disclose; to require applicants to be responsible for the costs of background checks; and to authorize the Department of Health and Welfare to participate in a federal pilot project. 01/30 Senate intro - 1st rdg - to printing 01/31 Rpt prt - to Jud 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 23-12-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Darrington, Fulcher, Gannon, Geddes, Goedde, Hill, Little, Lodge, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Sweet NAYS -- Burtenshaw, Corder, Davis, Jorgenson, Kelly, Keough, Langhorst, Malepeai, Marley, Stennett, Werk, Williams Absent and excused -- None Floor Sponsor - Lodge Title apvd - to House 02/15 House intro - 1st rdg - to Jud 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/24 3rd rdg - PASSED - 65-2-3 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker NAYS -- Barrett, Sali Absent and excused -- Crow, Trail, Wills Floor Sponsor - Smith(24) Title apvd - to Senate 03/27 To enrol 03/28 Rpt enrol - Pres signed 03/29 Sp signed 03/30 To Governor 03/31 Governor signed Session Law Chapter 281 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006 IN THE SENATE SENATE BILL NO. 1327 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL BACKGROUND CHECKS; AMENDING SECTION 56-1004A, IDAHO CODE, 3 TO PROVIDE FOR CRIMINAL HISTORY AND BACKGROUND CHECKS FOR INDIVIDUALS WHO 4 PROVIDE CARE OR SERVICES TO VULNERABLE ADULTS AND CHILDREN, TO PROVIDE AN 5 ADDITIONAL SOURCE OF FINGERPRINT-BASED RECORDS, TO REQUIRE THE NOTARIZED 6 APPLICATION AUTHORIZING THE DEPARTMENT OF HEALTH AND WELFARE TO OBTAIN AND 7 RELEASE INFORMATION, TO REMOVE PROVISIONAL STATUS PROVISION, TO PERMIT 8 EMPLOYERS TO ALLOW AN INDIVIDUAL TO PROVIDE CARE OR SERVICES PENDING COM- 9 PLETION OF THE CRIMINAL HISTORY AND BACKGROUND CHECK IF THE INDIVIDUAL HAS 10 NOT DISCLOSED A DESIGNATED CRIME, TO REQUIRE THE DEPARTMENT TO PROMULGATE 11 RULES, TO REMOVE CRIMINAL PENALTIES FOR A KNOWING FAILURE TO DISCLOSE, TO 12 REQUIRE APPLICANTS TO BE RESPONSIBLE FOR THE COST OF THE BACKGROUND CHECK 13 UNLESS OTHERWISE PROVIDED, TO PROVIDE IMMUNITY TO THE DEPARTMENT AND TO 14 AUTHORIZE THE DEPARTMENT TO PARTICIPATE IN A FEDERAL PILOT PROJECT; AND 15 REPEALING SECTION 2, CHAPTER 312, LAWS OF 2005. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 56-1004A, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 56-1004A. CRIMINAL HISTORY AND BACKGROUND CHECKS. PILOT PROJECT.(1) To 20 assist in the protection of children and vulnerable adults, and for the pur-21 pose of participating in a pilot project,the legislature hereby authorizes 22 the department of health and welfare to conduct criminal history and back- 23 ground checks of providers, employees and contractors who have access to24 patients in long-term care settings. Long-term care facilities or providers25 include nursing facilities, institutional care facilities for the mentally26 retarded, residential or assisted living facilities, long-term care hospitals27 or hospitals with swing beds, and home health and hospice providers. The crim-28 inal history and background checks for long-term care providers, employees and29 contractors will be funded through the federal grant at no cost to the long-30 term care providers, employees, or contractorsindividuals who provide care or 31 services to vulnerable adults or children and are identified in rule as being 32 required to have a criminal history and background check. 33 (2) The criminal history and background check will be a fingerprint-based 34 check of state and national records and may include information from the fol- 35 lowing: 36 (a) Statewide criminal identification bureau; 37 (b) Federal bureau of investigation (FBI); 38 (c) National crime information center; 39 (d) Statewide sex offender registry; 40 (e) Idaho transportation department driving records; 41 (f) Adult and child protection registries; and42 (g) Nurse aide registry; and 43 (h) Department of health and human services office of the inspector gen- 2 1 eral list of excluded individuals and entities. 2 (3) Each individual who has patient access is required to complete the3 criminal history and background check process.The department of health and 4 welfare shall promulgate rules to further define those individuals who are 5 required to have a background check and the effective date. Each applicant6 must signindividual shall complete an application, which includes a notarized 7 signature, on forms provided by the department. authorizingThe completed 8 application authorizes the department to obtain and release information in 9 accordance with state and federal law. The applicant must disclose all infor- 10 mation requested, including information on past convictions, driver's license 11 revocations, and known adult or child protection findings. Once this disclo-12 sure is made, the department shall make a preliminary determination as to13 whether the individual may have access to individuals in a long-term care set-14 ting on a provisional basis pending the final determination. Long-term care15 facilities or providers may not allow an individual to provide care or have16 patient access until the applicant is given a provisional statusOnce an 17 application has been completed, the employer, at its discretion, may allow the 18 individual to provide care or services prior to the individual completing fin- 19 gerprinting and pending completion of the criminal history and background 20 check by the department. The department shall promulgate rules defining the 21 time frame for submitting the application. Under no circumstances may the 22 individual be allowed to provide care or services where the employer has 23 reviewed the completed application and the individual has disclosed a desig- 24 nated crime as set forth in rule. 25 (4) The department shall review the information received from the crimi- 26 nal history and background check and determine whether the applicant has a 27 criminal or other relevant record that would disqualify the individual. The 28 department shall determine which crimes disqualify the applicant and for what 29 period of time according to existingpromulgated rules. The process for the 30 check and the issuance of a clearance or denial is alsoset forth in existing31 department rules. The applicant shall be provided an opportunity for a formal 32 review of a denial. The department shall communicate clearance or denial to 33 the applicant and the applicant's employer. 34 (5) Applicants who knowingly fail to disclose information on the forms35 provided or who falsify information may be subject to criminal penalties under36 chapter 32, title 18, Idaho Codeare responsible for the cost of the back- 37 ground check except where otherwise provided by department rules. 38 (6) The department, or an employer of an applicant, who acts in reason- 39 able reliance on the results of the criminal history and background check in 40 making an employment decision, is immune from liability for that decision when 41 it is based on such results. 42 (7) The department, its officers and employees are immune from liability 43 for the consequences of including or excluding classes of individuals in the 44 criminal history and background check process. 45 (8) Clearance through the criminal history and background check process 46 is not a determination of suitability for employment. 47 (9) Effective until September 30, 2007, or when federal funding is no 48 longer available, the legislature hereby authorizes the department of health 49 and welfare to participate in a federal pilot project to conduct criminal his- 50 tory and background checks of providers, employees and contractors who have 51 access to patients in long-term care settings. Long-term care facilities or 52 providers include nursing facilities, institutional care facilities for the 53 mentally retarded, residential or assisted living facilities, long-term care 54 hospitals or hospitals with swing beds, and home health and hospice providers. 55 The criminal history and background checks for the long-term care providers, 3 1 employees and contractors will be funded through the federal grant at no cost 2 to the long-term care providers, employees or contractors until September 30, 3 2007, or the federal funding is no longer available. 4 SECTION 2. That Section 2, Chapter 312, Laws of 2005, be, and the same is 5 hereby repealed.
STATEMENT OF PURPOSE RS 15415C3 This legislation will help the state protect vulnerable Idahoans by providing the Department of Health and Welfare statutory authority to require fingerprint-based criminal history and background checks on employees, contractors, providers and others who have unsupervised contact or provide direct care services to children and vulnerable adults. This legislation will help fill gaps where administrative rules exist without statutory authority. This legislation would require the Department to promulgate rules to identify any new classes of individuals who would be required to complete the criminal history and background check. This statute would also provide immunity for employers who rely on the results of the criminal history background checks for employment decisions. FISCAL NOTE This legislation would require the provider or applicant to pay for the cost of the background check. A study of background checks processed in FY 2005 revealed the Department processed about 16,000 checks at a cost of approximately $55.00 per check for most providers. The Department is currently charging $45.00 for these providers. It is anticipated this will result in a savings of $160,000 in FY 2008, 2009 and 2010. There is no fiscal impact until rules are promulgated. CONTACT Name: Mond Warren Agency: Health and Welfare Phone: 334-0609 STATEMENT OF PURPOSE/FISCAL NOTE S 1327