South Carolina General Assembly
111th Session, 1995-1996

Bill 4972


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       4972
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960424
Primary Sponsor:                   Neal 
All Sponsors:                      Neal 
Drafted Document Number:           bbm\10456ac.96
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Home health agency license,
                                   fingerprint reviews



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960424  Introduced, read first time,             25 HJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976 BY ADDING SECTION 44-69-35 SO AS TO PROHIBIT ISSUANCE OF A HOME HEALTH AGENCY LICENSE IF THE APPLICANT, OPERATOR, OR AN EMPLOYEE HAS BEEN CONVICTED OF CERTAIN CRIMES AND TO REQUIRE AN APPLICANT OR EMPLOYEE TO UNDERGO STATE AND FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEWS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 44-69-35. (A) No license may be issued to a person, private or public organization, political subdivision, or other governmental agency if the applicant, operator, or an employee of the home health agency has been convicted of:

(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4) the felonies classified in Section 16-1-10(A);

(5) the offenses enumerated in Section 16-1-10(D); or

(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(B) A person applying for a license or applying for employment at a home health agency first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. However, pending the results of the fingerprint reviews, a provisional license may be issued or a person temporarily may be employed by the agency."

SECTION 2. This act takes effect upon approval by the Governor.

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