2055-S AMS WEST S4546.1

SHB 2055 - S AMD

By Senators West and Niemi

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 43.43.842 and 1989 c 334 s 11 are each amended to read as follows:

    The secretary of social and health services and the secretary of health shall adopt additional requirements for the licensure or relicensure of agencies or facilities which provide care and treatment to vulnerable adults.  These additional requirements shall ensure that any person associated with a licensed agency or facility having direct contact with a vulnerable adult shall not have been:  (1) Convicted of a crime against persons as defined in RCW 43.43.830, except as provided in this section; (2) convicted of crimes relating to financial exploitation ((of a vulnerable adult)) as defined in RCW 43.43.830, except as provided in this section; (3) found in any disciplinary board final decision to have abused a vulnerable adult under RCW 43.43.830; or (4) the subject in a protective proceeding under chapter 74.34 RCW.  The rules adopted under this section shall permit the licensee to consider the criminal history of an applicant for employment in a licensed facility when the applicant has one or more convictions for a past offense and:

(a) The offense was simple assault, assault in the fourth degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;

(b) The offense was assault in the third degree, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment;

(c) The offense was prostitution, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;

(d) The offense was theft in the third degree, or the same offense as it may be renamed, and three or more years have passed between the most recent conviction and the date of application for employment;

(e) The offense was theft in the second degree, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment;

(f) The offense was forgery, or the same offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of application for employment.

The offenses set forth in (a) through (f) of this subsection do not automatically disqualify an applicant from employment by a licensee.  Nothing in this section may be construed to require the employment of any person against a licensee's judgment.

    In consultation with law enforcement personnel, the secretary of social and health services and the secretary of health shall investigate the conviction record and the protection proceeding record information under chapter 43.43 RCW of each agency or facility and its staff under their respective jurisdictions seeking licensure or relicensure.  The ((secretary)) secretaries shall use the information solely for the purpose of determining eligibility for licensure or relicensure.  Criminal justice agencies shall provide the ((secretary)) secretaries such information as they may have and that the ((secretary)) secretaries may require for such purpose."

SHB 2055 - S AMD

By Senators West and Niemi

    On page 1, line 1 of the title, after "checks;" strike the remainder of the title and insert "and amending RCW 43.43.842."