Current Status Bill Number:176 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970115 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:s-res\mcconnel\res1162.gfm Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Health care, nursing home caregivers; criminal record checks of, law enforcement, residential care facilities
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970115 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 HEALTH FACILITIES, BY ADDING ARTICLE 27 SO AS TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES OF NURSING HOMES AND HOME HEALTH AGENCIES.
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 44-7-3300. For purposes of this article:
(A)`Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.
(B)`Crime' means:
(1) a violent crime as defined by South Carolina Code of Laws Section 16-1-60;
(2) criminal sexual conduct in the third degree (Section 16-3-654);
(3) criminal domestic violence (Section 16-25-20);
(4) assault and battery of a high and aggravated nature;
(5) unlawful neglect of child or helpless person by legal custodian (Section 20-7-50);
(6) ill-treating children, apprentices, servants, incompetents or helpless persons (Section 20-7-60);
(7) abuse of incapacitated persons (Section 43-29-41);
(8) abuse or physical or mental injury to client or patient (Section 43-30-100);
(9) administering or attempting to administer poison (Section 16-3-70;
(10) unlawful and malicious tampering with human drug product or food (Section 16-2-75); or
(11) a criminal offense similar in nature to the above listed crimes committed in other jurisdictions or under federal law.
(C)`Criminal record' means:
(1) conviction of a crime
(2) arrest, charge, and sentencing for a crime where:
(a) a plea of nolo contendere was entered to the charge;
(b) first offender treatment without adjudication of guilt pursuant to the charge was granted; or
(c) adjudication or sentence was otherwise withheld or not entered on the charge; or
(3) arrest and charges for a crime if the charge is pending.
(D) `Employment applicant' or `applicant' means any person seeking employment by a nursing home or home health care agency after the effective date of this subsection.
(E) `Nursing Home' means any institution or facility defined for licensing purposes under law or pursuant to regulations for nursing homes promulgated by the Department of Health and Environmental Control, whether proprietary or nonprofit including, but not limited to, nursing homes owned or administered by the State or political subdivisions thereof.
(F) `Home Health Care Agency' means a public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish home health services.
Section 44-7-3310. (A) Prior to hiring an employment applicant, each nursing home or home health care agency shall request the South Carolina Law Enforcement Division to perform a criminal history check on the employment applicant to determine whether the applicant has a criminal record. The nursing home or home health care agency must notify the applicant of the following:
(1) That for this type of employment, state law requires a criminal history check as a condition of employment.
(2) That the applicant has a right to obtain a copy of the criminal history report and challenge the accuracy and completeness of the report.
(3) That the applicant shall not be hired if the criminal history check indicates that the applicant has a criminal record as that term is defined in this Act unless the applicant's record is cleared based on a fingerprint-based records check.
The criminal history background check must be in the form prescribed by the South Carolina Law Enforcement Division (SLED) and must be submitted to SLED in person, by mail, or by facsimile. The fee shall be no greater than the actual cost of processing the request. SLED shall perform the criminal history check within a reasonable time but in any event within a period not to exceed three days of receiving the request.
(B) No later than thirty days after the effective date of this section, nursing homes and home health care agencies must initiate a criminal history check on all current employees whose duties involve direct care for clients, patients, or residents.
Section 44-7-3320. An employment applicant whose criminal history record indicates a criminal record may request that the nursing home or home health care agency commence a fingerprint- based criminal background check by submitting any necessary fees and information in a form and manner prescribed by SLED within 30 days after the criminal history report is received by the nursing home or home health care agency. The fee for a fingerprint-based record check shall not exceed the actual cost of the record check.
Section 44-7-3330. (A) No law enforcement agency providing the criminal history record pursuant to this Act shall be responsible for the accuracy of information or have any liability for defamation, invasion of privacy, negligence, or any determination based thereon pursuant to this article.
(B) A nursing home, home health care agency, administrators of a nursing home or a home health care agency, or its employees shall have no liability for wrongful discharge, unemployment security benefits, or any other claim based upon:
(1) refusal to employ any person with a criminal record;
(2) termination of employment of persons with a criminal record already employed by the nursing home or home health care agency; or
(3) other action taken in good faith reliance upon the criminal history report received pursuant to this Act.
Section 44-7-3340. Any state agency that receives a report of elder abuse is required to contact the Attorney General's Office and provide the Attorney General or his designee with information regarding the elder abuse report."
SECTION 2. This act takes effect upon approval by the Governor.