CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2055
Chapter
104, Laws of 1992
52nd
Legislature
1992
Regular Session
FACILITIES FOR VULNERABLE ADULTS‑-CRIMINAL
HISTORY OF EMPLOYEES
EFFECTIVE
DATE: 6/11/92
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Passed by the House March 7,
1992
Yeas 93 Nays 3
 JOE KING
Speaker of the
House of Representatives
Passed by the Senate March 4,
1992
Yeas 34 Nays 12
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CERTIFICATE
I, Alan Thompson, Chief Clerk of
the House of Representatives of the State of Washington, do hereby certify
that the attached is SUBSTITUTE HOUSE BILL 2055 as passed by the House of
Representatives and the Senate on the dates hereon set forth.
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 JOEL PRITCHARD
President of the Senate
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 ALAN THOMPSON
Chief
Clerk
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Approved March 31, 1992 Place Style On Codes above, and Style Off Codes below.
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FILED
March 31, 1992 -
11:51 a.m.
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BOOTH GARDNER
Governor of the State of Washington
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Secretary
of State
State of
Washington
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_______________________________________________
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.
Passed the
House March 7, 1992.
Passed the
Senate March 4, 1992.
Approved by the Governor March 31, 1992.
Filed in Office of Secretary
of State March 31, 1992.