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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 to
24 patients in long-term care settings. Long-term care facilities or providers
25 include nursing facilities, institutional care facilities for the mentally
26 retarded, residential or assisted living facilities, long-term care hospitals
27 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 and
29 contractors will be funded through the federal grant at no cost to the long-
30 term care providers, employees, or contractors individuals 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; and
42 (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 the
3 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 applicant
6 must sign individual shall complete an application, which includes a notarized
7 signature, on forms provided by the department. authorizing The 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 to
13 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 care
15 facilities or providers may not allow an individual to provide care or have
16 patient access until the applicant is given a provisional status Once 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 existing promulgated rules. The process for the
30 check and the issuance of a clearance or denial is also set forth in existing
31 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 forms
35 provided or who falsify information may be subject to criminal penalties under
36 chapter 32, title 18, Idaho Code are 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