1946-S AMS HSC S2877.1
SHB 1946 - S COMM AMD
By Committee on Human Services & Corrections
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.43.832 and 1995 c 250 s 2 are each amended to read as follows:
(1)
The legislature finds that businesses and organizations providing services to
children, developmentally disabled persons, and vulnerable adults need adequate
information to determine which employees or licensees to hire or engage. The
legislature further finds that many developmentally disabled individuals and
vulnerable adults desire to hire their own employees directly and also need
adequate information to determine which employees or licensees to hire or
engage. Therefore, the Washington state patrol criminal identification system
((may)) shall disclose, upon the request of a business or
organization as defined in RCW 43.43.830, a developmentally disabled person, or
a vulnerable adult as defined in RCW 43.43.830 or his or her guardian, an
applicant's record for convictions of offenses against children or other
persons, convictions for crimes relating to financial exploitation, but only if
the victim was a vulnerable adult, adjudications of child abuse in a civil
action, the issuance of a protection order against the respondent under chapter
74.34 RCW, and disciplinary board final decisions and any subsequent criminal
charges associated with the conduct that is the subject of the disciplinary
board final decision. ((When necessary, applicants may be employed on a
conditional basis pending completion of such a background investigation.))
(2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.
(3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse.
(4)
The legislature further finds that the department of social and health
services((,))must consider the information listed in subsection (1)
of this section in the following circumstances:
(a)
When considering persons for state positions directly responsible for the
care, supervision, or treatment of children, developmentally disabled persons,
or vulnerable adults ((or));
(b)
When licensing ((or authorizing such persons or)) agencies ((pursuant
to its authority)) or facilities with individuals in positions directly
responsible for the care, supervision, or treatment of children,
developmentally disabled persons, or vulnerable adults, including but not
limited to agencies or facilities licensed under chapter 74.15((,)) or
18.51((, 18.20, or 72.23)) RCW((, or any later-enacted statute which
purpose is to license or regulate a facility which handles vulnerable adults,
must consider the information listed in subsection (1) of this section));
(c)
When contracting with individuals or businesses or organizations for the care,
supervision, or treatment of children, developmentally disabled persons, or
vulnerable adults, including but not limited to services contracted for under
chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW.
((However, when necessary))
(5) Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis pending completion of the state background investigation. Whenever a national criminal record check through the federal bureau of investigation is required by state law, a person may be employed or engaged as a volunteer or independent contractor on a conditional basis pending completion of the national check. The Washington personnel resources board shall adopt rules to accomplish the purposes of this subsection as it applies to state employees.
Sec. 2. RCW 43.43.842 and 1992 c 104 s 1 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, including nursing pools registered under chapter 18.52C RCW. 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: (a) Convicted of a crime against persons as defined in RCW 43.43.830, except as provided in this section; (b) convicted of crimes relating to financial exploitation as defined in RCW 43.43.830, except as provided in this section; (c) found in any disciplinary board final decision to have abused a vulnerable adult under RCW 43.43.830; or (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.
(3)
In consultation with law enforcement personnel, the secretary of social and
health services and the secretary of health shall investigate, or cause to
be investigated, the conviction record and the protection proceeding record
information under chapter 43.43 RCW of ((each agency or facility and its))
the staff of each agency or facility under their respective
jurisdictions seeking licensure or relicensure. The secretaries shall use the
information solely for the purpose of determining eligibility for licensure or
relicensure. Criminal justice agencies shall provide the secretaries such
information as they may have and that the secretaries may require for such
purpose.
Sec. 3. RCW 43.20A.710 and 1993 c 210 s 1 are each amended to read as follows:
(1) The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of:
(((1)))
(a) Persons being considered for state employment in positions directly
responsible for the supervision, care, or treatment of children or individuals
with mental illness or developmental disabilities; and (((2)))
(b) 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, including but not limited to services provided under chapter 74.39A RCW.
(2)
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)).
(3)
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 or to their
legal guardians, if any, for their determination of the character,
suitability, and competence of the applicants ((shall be made by the
individual with a physical disability, developmental disability, mental
illness, or mental impairment)). If an individual elects to hire or
retain an individual provider after receiving notice from the department that
the applicant has a conviction for an offense that would disqualify the
applicant from employment with the department, then the secretary may deny
payment for any subsequent services rendered by the disqualified individual
provider.
(4)
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.))
Sec. 4. RCW 18.52C.010 and 1988 c 243 s 1 are each amended to read as follows:
The
legislature intends to protect the public's right to high quality health care
by assuring that nursing pools employ, procure or refer competent and qualified
((nursing)) health care or long-term care personnel, and that
such ((nursing)) personnel are provided to health care facilities,
agencies, or individuals in a way to meet the needs of residents and
patients.
Sec. 5. RCW 18.52C.020 and 1991 c 3 s 130 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Secretary" means the secretary of the department of health.
(2) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice agency, boarding home, adult family home, group home, or other entity for the delivery of health care or long-term care services, including chore services provided under chapter 74.39A RCW.
(3) "Nursing home" means any nursing home facility licensed pursuant to chapter 18.52 RCW.
(4)
"Nursing pool" means any person engaged in the business of providing,
procuring, or referring health care or long-term care personnel for
temporary employment in health care facilities, such as licensed nurses or
practical nurses, ((and)) nursing assistants, and chore service
providers. "Nursing pool" does not include an individual who
only engages in providing his or her own services.
(5) "Person" includes an individual, firm, corporation, partnership, or association.
Sec. 6. RCW 18.52C.040 and 1991 c 3 s 132 are each amended to read as follows:
(1) The nursing pool shall document that each temporary employee or referred independent contractor provided or referred to health care facilities currently meets the applicable minimum state credentialing requirements.
(2) The nursing pool shall not require, as a condition of employment or referral, that employees or independent contractors of the nursing pool recruit new employees or independent contractors for the nursing pool from among the permanent employees of the health care facility to which the nursing pool employee or independent contractor has been assigned or referred.
(3) The nursing pool shall carry professional and general liability insurance to insure against any loss or damage occurring, whether professional or otherwise, as the result of the negligence of its employees, agents or independent contractors for acts committed in the course of their employment with the nursing pool: PROVIDED, That a nursing pool that only refers self-employed, independent contractors to health care facilities shall carry professional and general liability insurance to cover its own liability as a nursing pool which refers self-employed, independent contractors to health care facilities: AND PROVIDED FURTHER, That it shall require, as a condition of referral, that self‑employed, independent contractors carry professional and general liability insurance to insure against loss or damage resulting from their own acts committed in the course of their own employment by a health care facility.
(4) The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of registration and the discipline of persons registered under this chapter. The secretary shall be the disciplinary authority under this chapter.
(5) The nursing pool shall conduct a criminal background check on all employees and independent contractors as required under RCW 43.43.842 prior to employment or referral of the employee or independent contractor.
NEW SECTION. Sec. 7. A new section is added to chapter 43.43 RCW to read as follows:
If information is released under this chapter by the state of Washington, the state and its employees: (1) Make no representation that the subject of the inquiry has no criminal record or adverse civil or administrative decisions; (2) make no determination that the subject of the inquiry is suitable for involvement with a business or organization; and (3) are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information."
SHB 1946 - S COMM AMD
By Committee on Human Services & Corrections
On page 1, line 1 of the title, after "persons;" strike the remainder of the title and insert "amending RCW 43.43.832, 43.43.842, 43.20A.710, 18.52C.010, 18.52C.020, and 18.52C.040; and adding a new section to chapter 43.43 RCW."
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