1411-S AMH SIMM H1094.1
SHB 1411 - H AMD 88
By Representative Simmons
WITHDRAWN 03/01/2021
Beginning on page 1, line 19, after "(a)" strike all material through "(b)" on page 2, line 1
Renumber the remaining subsections consecutively and correct any internal references accordingly.
On page 2, line 23, after "worker," strike "department-contracted" and insert "contracted"
On page 2, line 27, after "contracted" strike "employee" and insert "provider"
On page 2, line 34, after "contracted" strike "employee" and insert "provider"
On page 3, line 2, after "discretion." insert "In any action at law against the department, a contracted provider, or a licensee relating to or arising from the hiring, licensing, certifying, contracting with, permitting, or continuing to permit a person to be employed in any position caring for or having unsupervised access to vulnerable adults or children, evidence of the crimes identified in subsection (1) of this section may not be introduced as evidence of negligence or intentionally tortious conduct on the part of the department, a contracted provider, or a licensee."
On page 5, line 23, after "
18.86 RCW;" strike "
and"
On page 5, beginning on line 24, after "
18.170 RCW" strike all material through "
43.48.842))" on line 25 and insert "; and vulnerable adult care providers, RCW
43.43.842 who are not home care aides under chapter 18.88B RCW, or contracted providers or licensees as defined in section 1 of this act"
On page 8, beginning on line 6, after "services" strike "or an employer contracted with the department of social and health services" and insert ", or contracted providers or licensees as defined in section 1 of this act"
On page 8, line 13, after "discretion." insert "In any action at law against the department of social and health services, or contracted providers or licensees as defined in section 1 of this act, relating to or arising from the hiring, licensing, certifying, contracting with, permitting, or continuing to permit a person providing home care services to be employed in any position caring for or having unsupervised access to vulnerable adults and children of the recipient of a certificate of restoration of opportunity, evidence of the crime for which a certificate of restoration of opportunity has been issued may not be introduced as evidence of negligence or intentionally tortious conduct on the part of the department of social and health services, and contracted providers and licensees as defined in section 1 of this act."
On page 8, line 17, after "services," strike "contracted providers," and insert "and contracted providers"
EFFECT: Prohibits the introduction of crimes by a person with a certificate of restoration of opportunity (CROP) or who had an automatic disqualification exemption as evidence of negligence or intentionally tortious conduct in a lawsuit involving the Department of Social and Health Services, contracted providers, and licensees.
Removes selling marijuana to a person under the age of 21 from the list of crimes exempted from automatic disqualification.
Restores the provision that excludes vulnerable adult care providers from the CROP, but limits its application to those who are not home care aides or contracted providers or licensees.
Corrects terminology related to contracted providers and licensees. Corrects grammar.
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