Current Status Bill Number:132 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Giese All Sponsors:Giese, Passailaigue, Bryan, Courson, Elliott, Jackson, Lander, Leventis, Mescher, Reese, Setzler, Wilson, Ryberg, McGill, Holland and J. Verne Smith Drafted Document Number:council\legis\bills\jic\5255ac. 97 Companion Bill Number:3309 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Criminal record checks of health care facility, nursing home caregivers; Medical, hospitals, residential care
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970114 Introduced, read first time, 13 SMA
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by adding:
Section 44-7-2910. (A) No nursing home defined in Section 44-7-130, or home health agency, as defined in Section 44-69-20, may employ or contract with a direct caregiver if the caregiver 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 felonies classified in Section 16-1-10(A);
(4) the offenses enumerated in Section 16-1-10(D); or
(5) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(B) For purposes of this article a 'direct caregiver' or caregiver is:
(1) a registered nurse, a licensed practical nurse, or a certified nurse assistant;
(2) any other licensed professional who provides direct care or services to a patient including, but not limited to, a physical , speech, or occupational therapist; or
(3) a person who is not licensed but provides physical assistance or care to a patient.
Section 44-7-2920. A person who has been convicted of a crime enumerated in Section 44-7-2910 who applies for employment with, is employed by, seeks to contract with, or contracts with a nursing home or home health agency who provides direct care is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 44-7-2930. Application forms for employment for caregivers at a nursing home or home health agency must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in Section 44-7-2910 who applies for employment with, is employed by, seeks to contract with, or contracts with a nursing home or home health agency as a direct caregiver is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 44-7-2940. To be employed by or to contract with a nursing home or home health agency as a direct caregiver, a person 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. Pending the results of the fingerprint reviews, a person temporarily may be employed or contract with a nursing home or home health agency. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues to contract with a nursing home or home health agency as a caregiver; however, if a person is not employed or is not under contract for one year or longer, the fingerprint reviews must be repeated before resuming employment or contracting with a nursing home or home health agency as a caregiver.
Section 44-7-2950. A nursing home or home health agency shall furnish copies of personnel records of current or former direct caregivers to another nursing home or home health agency requesting this information. Information contained in the records may include, but is not limited to, disciplinary matters and any reasons for termination. A nursing home or home health agency releasing these records pursuant to this section is presumed to be acting in good faith and is immune from civil and criminal liability which otherwise may result by reason of releasing this information."
SECTION 2. Notwithstanding Article 23, Chapter 7, Title 44 of the 1976 Code, as added by Section 1 of this act, no person who is employed by or is contracting with a nursing home as defined in Section 44-7-130 or a home health agency as defined in Section 44-69-20 on July 1, 1997 as a direct caregiver as defined in Section 44-7-2910 is required to undergo a state fingerprint review conducted by the State Law Enforcement Division of the Federal Bureau of Investigation. However, after July 1, 1997, if the person is not employed by or does not contract with a nursing home or home health agency as a direct caregiver for one year or longer, the person must comply with Article 23.
SECTION 3. This act takes effect July 1, 1997.