Report Title:

Criminal History Record Checks; Adult Care Facilities

 

Description:

Requires the DOH to conduct criminal history record checks of operators and employees of skilled nursing facilities, intermediate care facilities, adult residential care homes, adult foster homes, and assisted living facilities; requires the DHS to conduct checks on adult day care centers.

THE SENATE

S.B. NO.

940

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ELDER ABUSE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321-   Criminal history record checks. (a) The department shall develop standards to ensure the reputable and responsible character of operators and employees of a skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility that are under the licensing authority of the department, which shall include but not be limited to criminal history record checks.

(b) An applicant for a skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility license shall submit statements signed under penalty of perjury by the operators, employees, and new employees of the skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility, indicating whether the operators, employees, or new employees have ever been convicted of a crime other than a minor traffic violation involving a fine of $50 or less, and the details thereof.

The operators, employees, and new employees shall also provide consent to the department to conduct a criminal history record check and to obtain other criminal history record information for verification. The operators and employees of the skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility shall be fingerprinted for the purpose of complying with the criminal history record check. New employees of the skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility shall be fingerprinted within five working days of employment, for the purpose of complying with the criminal history record check requirement.

The department shall obtain criminal history record information through the Hawaii criminal justice data center on all operators, employees, and new employees of skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility subject to licensure pursuant to this section. The Hawaii criminal justice data center may assess the operators, employees, and new employees a reasonable fee for each criminal history record check conducted. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to federal laws and regulations as may be now or hereafter adopted.

The department shall make a name inquiry into the criminal history records of operators and employees of a skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility for each of the first two years of licensure of a skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility, and biennially thereafter depending on the licensure status of the skilled nursing facility, intermediate care facility, adult residential care home, adult foster home, and assisted living facility."

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§346-   Criminal history record checks. (a) The department shall develop standards to ensure the reputable and responsible character of operators and employees of a day care center for elder disabled and aged persons, which shall include but not be limited to criminal history record checks.

(b) An applicant for a license for a day care center for elder disabled and aged persons shall submit statements signed under penalty of perjury by the operators, employees, and new employees of the day care center for elder disabled and aged persons, indicating whether the operators, employees, or new employees have ever been convicted of a crime other than a minor traffic violation involving a fine of $50 or less, and the details thereof.

The operators, employees, and new employees shall also provide consent to the department to conduct a criminal history record check and to obtain other criminal history record information for verification. The operators and employees of the day care center for elder disabled and aged persons shall be fingerprinted for the purpose of complying with the criminal history record check. New employees of the day care center for elder disabled and aged persons shall be fingerprinted within five working days of employment, for the purpose of complying with the criminal history record check requirement.

The department shall obtain criminal history record information through the Hawaii criminal justice data center on all operators, employees, and new employees of a day care center for elder disabled and aged persons. The Hawaii criminal justice data center may assess the operators, employees, and new employees a reasonable fee for each criminal history record check conducted. The information obtained shall be used exclusively for the stated purpose for which it was obtained and shall be subject to federal laws and regulations as may be now or hereafter adopted.

The department shall make a name inquiry into the criminal history records of operators and employees of a day care center for elder disabled and aged persons for each of the first two years of licensure of a day care center for elder disabled and aged persons, and biennially thereafter depending on the licensure status of the day care center for elder disabled and aged persons."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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