sb 0094

CHAPTER 185

SB 94-FN - FINAL VERSION

AN ACT requiring criminal conviction record checks for employees working in long-term care facilities and in home health care and for applicants for a license from the board of nursing.

SPONSORS: Sen. D'Allesandro, Dist 20

This bill requires criminal conviction record checks for all applicants for a license from the board of nursing and all employees working in long-term care facilities, home health care, residential care, and certain personal care services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT requiring criminal conviction record checks for employees working in long-term care facilities and in home health care and for applicants for a license from the board of nursing.

Be it Enacted by the Senate and House of Representatives in General Court convened:

185:1 New Section; Home Health Care Providers; Criminal Record Check Required. Amend RSA 151 by inserting after section 2-c the following new section:

I. Every applicant selected for employment with a home health care provider licensed under RSA 151:2, I(b), including those which provide only homemaker services, shall submit to the employer a notarized criminal conviction record release authorization form, as provided by the division of state police, which authorizes the release of his or her criminal conviction record to the facility pursuant to RSA 106-B:14; provided, that the scope of employment includes the provision of services in a client's home or otherwise involves direct contact with a client.

II. A home health care provider shall submit the notarized criminal conviction record release authorization form to the division of state police after an applicant accepts a conditional offer of employment. The licensed home health care provider shall review the results of the criminal conviction record check before making a final offer of employment. An employee shall not begin work before the final offer of employment is made.

III.(a) Upon receipt of a notarized criminal conviction record release authorization form from a home health care provider, the division of state police shall conduct a criminal conviction record check pursuant to RSA 106-B:14 and provide the results to the home health care provider. The home health care provider shall maintain the confidentiality of all criminal conviction records received pursuant to this section.

(b) The cost of criminal conviction record checks for such applicants shall be borne by the home health care provider; provided, that the home health care provider may require an applicant to pay the actual cost of the criminal conviction record check.

IV.(a) Any agency providing temporary or per diem staff to a home health care provider shall conduct a criminal conviction record check pursuant to this section. The agency shall not offer the services of any person until the agency has reviewed the criminal history of the employee.

(b) The cost of criminal history record checks for such temporary or per diem staff shall be borne by the agency providing temporary or per diem staff to a home health care provider, provided that the agency providing per diem staffing may require the selected applicant for employment to pay the actual costs of the criminal conviction record check.

V. The provisions of this section shall not apply to any person who is licensed by the board of nursing pursuant to RSA 326-B.

185:2 New Section; Other Qualified Agencies; Criminal Record Check Required. Amend RSA 161-I by inserting after section 6 the following new section:

I. Every applicant selected for employment with an other qualified agency, as defined in RSA 161-I:2, IX, shall submit to the employer a notarized criminal conviction record release authorization form, as provided by the division of state police, which authorizes the release of his or her criminal conviction record to the facility pursuant to RSA 106-B:14; provided, that the scope of employment includes the provision of services in a client's home or otherwise involves direct contact with a client.

II. The other qualified agency shall submit the notarized criminal conviction record release authorization form to the division of state police after an applicant accepts a conditional offer of employment. The other qualified agency shall review the results of the criminal conviction record check before making a final offer of employment. An employee shall not begin work before the final offer of employment is made.

III.(a) Upon receipt of a notarized criminal conviction record release authorization form from an other qualified agency, the division of state police shall conduct a criminal conviction record check pursuant to RSA 106-B:14 and provide the results to the other qualified agency. The other qualified agency shall maintain the confidentiality of all criminal conviction records received pursuant to this section.

(b) The cost of criminal conviction record checks for such applicants shall be borne by the other qualified agency provided that the other qualified agency may require an applicant to pay the actual costs of the criminal conviction record check.

IV.(a) The provisions of this section shall apply to any agency providing temporary or per diem staff to an other qualified agency. The agency shall not offer the services of any person until the agency has reviewed the criminal history of the employee.

(b) The cost of criminal history record checks for such temporary or per diem staff shall be borne by the agency providing temporary or per diem staff to an other qualified agency, provided that the agency providing per diem staffing may require the selected applicant for employment to pay the actual costs of the criminal conviction record check.

V. The provisions of this chapter shall not apply to any person who is licensed by the board of nursing pursuant to RSA 326-B.

185:3 New Section; Residential Care Facilities; Employees; Criminal Record Check Required. Amend RSA 151 by inserting after section 3-b the following new section:

I. Every applicant selected for employment with a residential care facility licensed under RSA 151:2, I(e), including a nursing home, shall submit to the employer a notarized criminal conviction record release authorization form, as provided by the division of state police, which authorizes the release of his or her criminal conviction record to the facility pursuant to RSA 106-B:14.

II. The residential care facility shall submit the notarized criminal conviction record release form to the division of state police after an applicant accepts a conditional offer of employment. The residential care facility shall review the results of the criminal conviction record check before making a final offer of employment. An employee shall not begin work before the final offer of employment is made.

III.(a) Upon receipt of a notarized criminal conviction record release authorization form from a residential care facility licensed under RSA 151:2, I(e), the division of state police shall conduct a criminal conviction record check pursuant to RSA 106-B:14 and provide the results to the residential care facility. The residential care facility shall maintain the confidentiality of all criminal conviction records received pursuant to this section.

(b) The cost of criminal conviction record checks for such applicants shall be borne by the residential care facility; provided, that the residential care facility may require an applicant to pay the actual costs of the criminal conviction record check.

IV.(a) The provisions of this section shall apply to any agency providing temporary or per diem staff to a residential care facility. The agency shall not offer the services of any person until the agency has reviewed the criminal history of the employee.

(b) The cost of criminal history record checks for such temporary or per diem staff shall be borne by the agency providing temporary or per diem staff to a residential care facility, provided that the agency providing per diem staffing may require the selected applicant for employment to pay the actual costs of the criminal conviction record check.

V. The provisions of this chapter shall not apply to any person who is licensed by the board of nursing pursuant to RSA 326-B.

185:4 New Section; Nursing; Criminal Record Checks. Amend RSA 326-B by inserting after section 4-b the following new section:

I. Every new applicant and every renewal applicant for a license under this chapter shall submit to the board a notarized criminal conviction record release authorization form, as provided by the division of state police, which authorizes the release of his or her criminal conviction record to the board pursuant to RSA 106-B:14.

II. Upon receipt of a notarized criminal conviction record release authorization form from the board, the division of state police shall conduct a criminal conviction record check pursuant to RSA 106-B:14 and provide the results to the board.

III. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal conviction records received pursuant to this section.

IV. The board may require the applicant to pay the actual costs of the criminal conviction record check.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, June 26, 2003)