_______________________________________________
SUBSTITUTE
HOUSE BILL 2055
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 02/07/92. Providing for criminal history background checks.
AN ACT
Relating to criminal history background checks; and amending RCW 43.43.842.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.43.842 and 1989 c 334 s 11 are each amended to read as follows:
(1)
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))) (a) Convicted of a crime against persons as
defined in RCW 43.43.830, except as provided in this section; (((2)))
(b) 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))) (c) found in any disciplinary board
final decision to have abused a vulnerable adult under RCW 43.43.830; or (((4)))
(d) the subject in a protective proceeding under chapter 74.34 RCW.
(2)
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 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;
(c)
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;
(d)
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;
(e)
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 (e) 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.
