CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 5261

                        53rd Legislature

                      1993 Regular Session

Passed by the Senate April 17, 1993   YEAS 39   NAYS 0 President of the Senate Passed by the House April 13, 1993   YEAS 98   NAYS 0

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5261 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the        House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                        State of Washington

                              _______________________________________________

                                            SUBSTITUTE SENATE BILL 5261

                              _______________________________________________

                                                            AS AMENDED BY THE HOUSE

                                                       Passed Legislature - 1993 Regular Session

State of Washington                              53rd Legislature                             1993 Regular Session

By Senate Committee on Health & Human Services (originally sponsored by Senators Fraser, Deccio and Talmadge)

Read first time 02/09/93.

Modifying the background check requirement on persons providing services for physically disabled or mentally impaired persons.

          AN ACT Relating to state background checks on persons providing services to physically disabled or mentally impaired persons; amending RCW 43.20A.710; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 43.20A.710 and 1989 c 334 s 13 are each amended to read as follows:

          The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of:  (1) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children((, mentally ill persons)) or individuals with mental illness or ((developmentally disabled persons)) developmental disabilities; and (2) individual providers who are paid by the state for in-home services and hired by individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment.  The investigation may include an examination of state and national criminal identification data and the child abuse and neglect register established under chapter 26.44 RCW.  The secretary shall provide the results of the state background check on individual providers to the individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who hired them and to their legal guardians, if any.  The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants except that in the case of individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who employ individual providers, the determination of character, suitability, and competence of applicants shall be made by the individual with a physical disability, developmental disability, mental illness, or mental impairment.  Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.  If necessary, persons may be employed on a conditional basis pending completion of the background investigation.

NEW SECTION. Sec. 2.  This act applies prospectively except individuals who currently employ individual providers paid by the state may be given the option to request a state background check during reassessment for services.

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