Criminal History Information. 
The Washington State Patrol's (WSP) Criminal History Records Section is the central repository for criminal history record information for Washington.  Criminal history record information consists of fingerprint-based records and disposition information submitted by law enforcement agencies and courts throughout the state.  The WSP facilitates background checks for other agencies, employers, and the public.  

Federal Bureau of Investigation (FBI) records are compiled from records received from local, state, federal, tribal, and international criminal justice agencies.  Federal law allows for the exchange of criminal records and related information within the possession of the FBI with authorized officials of the federal government, states, Indian tribes, cities, and penal and other institutions.  Exchange of these records is only for official use and is subject to cancellation if dissemination is made outside of authorized recipients.  The FBI must approve the state background check laws before it will grant access to its criminal history database.  

Background Check Requirements. 
Persons with certain criminal history, pending charges, or history of other disqualifying negative action are disqualified from working in positions where they will have unsupervised access to children or vulnerable adults.  A person must pass a fingerprint-based state and federal background check through the WSP and the FBI before working in a long-term care or child care position with such unsupervised access.  For other persons, the Department of Social and Health Services (DSHS) and the Department of Children, Youth, and Families (DCYF) may require a fingerprint-based background check through both the WSP and the FBI at any time, and must require a fingerprint-based check when a person has resided in the state less than three consecutive years and meets certain other criteria.   

Background check screening is not required for an employee of a consumer directed employer if the individual has an individual provider contract with the DSHS, the last background check is still valid, employment with the consumer directed employer is the only reason a new background check would be required, and the DSHS's background check results have been shared with the employer.

Sharing Background Check Information.  
There are a number of provisions that allow sharing of background check information between designated entities.  The DSHS may share the results of state and federal background checks with the Department of Health (DOH) in furtherance of the prohibition against any long-term care worker who has been disqualified from working with vulnerable persons working as a home care aide.  The DSHS must also make background check information pertaining to long-term care workers available to employers, prospective employers, and others as authorized by law.  To satisfy shared background check requirements, the DSHS and the DCYF must share federal fingerprint-based background check information as permitted by law, but must not share this information with other agencies or persons.  Processes designed to facilitate timely access to criminal background check information for health care providers allows health care facilities to share completed criminal background inquiry information under certain circumstances.

The underlying bill's references to dissemination of background check information as authorized under federal law are removed.  Current law provisions are removed that:  (1) require the DSHS to provide the results of state and federal background checks to the Department of Health (DOH) for the DOH's use in fulfilling certification requirements for home care aides; (2) require sharing of background check results between the DSHS and the Department of Children, Youth, and Families (DCYF) to the extent permitted by law to fulfill shared background check requirements; and (3) allow the DSHS to require a fingerprint-based background check of a long-term care worker at any time.

Provisions outlining the background check responsibilities of the DSHS and the DCYF are modified to:  (1) restore current law definitions of "applicant," "authorized," and "service provider;" (2) add definitions of "area agency on aging," "community residential services and supports provider," "entity representative," and "high-risk provider;" (3) restore or include references to service providers and persons applying for employment, in addition to persons already employed, in certain provisions; and (4) remove a requirement in the underlying bill for a fingerprint-based background check of a person applying for employment, promotion, reallocation, or transfer to a position that DSHS has identified as requiring the applicant to have unsupervised access to vulnerable adults, children, or juveniles.

The background check information that the DSHS may share with employers and prospective employers of long-term care workers, and others as authorized by law, is limited to informing such persons that a screened applicant is ineligible for employment (as opposed to authorizing the DSHS to say whether an applicant is eligible or ineligible for employment, in the underlying bill, or making background check information available to such persons, in current law).

A technical change is made to correct a cross reference, and other minor changes are made for clarity and internal consistency.