S 176 Session 112 (1997-1998)
S 0176 General Bill, By McConnell
A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO HEALTH FACILITIES, BY ADDING ARTICLE 27 SO AS TO REQUIRE CRIMINAL
BACKGROUND CHECKS FOR EMPLOYEES OF NURSING HOMES AND HOME HEALTH AGENCIES.
01/15/97 Senate Introduced and read first time SJ-4
01/15/97 Senate Referred to Committee on Medical Affairs SJ-4
A BILL
TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO HEALTH
FACILITIES, BY ADDING ARTICLE 27 SO AS TO REQUIRE
CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES OF
NURSING HOMES AND HOME HEALTH AGENCIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by
adding:
"Article 27
Nursing Home and Home Health Agency
Criminal Background Checks
Section 44-7-3300. For purposes of this article:
(A)`Conviction' means a finding or verdict of guilty or a plea of
guilty regardless of whether an appeal of the conviction has been
sought.
(B)`Crime' means:
(1) a violent crime as defined by South Carolina Code of Laws
Section 16-1-60;
(2) criminal sexual conduct in the third degree (Section
16-3-654);
(3) criminal domestic violence (Section 16-25-20);
(4) assault and battery of a high and aggravated nature;
(5) unlawful neglect of child or helpless person by legal
custodian (Section 20-7-50);
(6) ill-treating children, apprentices, servants, incompetents or
helpless persons (Section 20-7-60);
(7) abuse of incapacitated persons (Section 43-29-41);
(8) abuse or physical or mental injury to client or patient
(Section 43-30-100);
(9) administering or attempting to administer poison (Section
16-3-70;
(10) unlawful and malicious tampering with human drug product
or food (Section 16-2-75); or
(11) a criminal offense similar in nature to the above listed crimes
committed in other jurisdictions or under federal law.
(C)`Criminal record' means:
(1) conviction of a crime
(2) arrest, charge, and sentencing for a crime where:
(a) a plea of nolo contendere was entered to the charge;
(b) first offender treatment without adjudication of guilt
pursuant to the charge was granted; or
(c) adjudication or sentence was otherwise withheld or not
entered on the charge; or
(3) arrest and charges for a crime if the charge is pending.
(D) `Employment applicant' or `applicant' means any person
seeking employment by a nursing home or home health care agency
after the effective date of this subsection.
(E) `Nursing Home' means any institution or facility defined for
licensing purposes under law or pursuant to regulations for nursing
homes promulgated by the Department of Health and Environmental
Control, whether proprietary or nonprofit including, but not limited
to, nursing homes owned or administered by the State or political
subdivisions thereof.
(F) `Home Health Care Agency' means a public, nonprofit, or
proprietary organization, whether owned or operated by one or more
persons or legal entities, which furnishes or offers to furnish home
health services.
Section 44-7-3310. (A) Prior to hiring an employment applicant,
each nursing home or home health care agency shall request the
South Carolina Law Enforcement Division to perform a criminal
history check on the employment applicant to determine whether the
applicant has a criminal record. The nursing home or home health
care agency must notify the applicant of the following:
(1) That for this type of employment, state law requires a
criminal history check as a condition of employment.
(2) That the applicant has a right to obtain a copy of the criminal
history report and challenge the accuracy and completeness of the
report.
(3) That the applicant shall not be hired if the criminal history
check indicates that the applicant has a criminal record as that term
is defined in this Act unless the applicant's record is cleared based on
a fingerprint-based records check.
The criminal history background check must be in the form
prescribed by the South Carolina Law Enforcement Division (SLED)
and must be submitted to SLED in person, by mail, or by facsimile.
The fee shall be no greater than the actual cost of processing the
request. SLED shall perform the criminal history check within a
reasonable time but in any event within a period not to exceed three
days of receiving the request.
(B) No later than thirty days after the effective date of this section,
nursing homes and home health care agencies must initiate a criminal
history check on all current employees whose duties involve direct
care for clients, patients, or residents.
Section 44-7-3320. An employment applicant whose criminal
history record indicates a criminal record may request that the
nursing home or home health care agency commence a fingerprint-
based criminal background check by submitting any necessary fees
and information in a form and manner prescribed by SLED within 30
days after the criminal history report is received by the nursing home
or home health care agency. The fee for a fingerprint-based record
check shall not exceed the actual cost of the record check.
Section 44-7-3330. (A) No law enforcement agency providing the
criminal history record pursuant to this Act shall be responsible for
the accuracy of information or have any liability for defamation,
invasion of privacy, negligence, or any determination based thereon
pursuant to this article.
(B) A nursing home, home health care agency, administrators of a
nursing home or a home health care agency, or its employees shall
have no liability for wrongful discharge, unemployment security
benefits, or any other claim based upon:
(1) refusal to employ any person with a criminal record;
(2) termination of employment of persons with a criminal record
already employed by the nursing home or home health care agency;
or
(3) other action taken in good faith reliance upon the criminal
history report received pursuant to this Act.
Section 44-7-3340. Any state agency that receives a report of elder
abuse is required to contact the Attorney General's Office and provide
the Attorney General or his designee with information regarding the
elder abuse report."
SECTION 2. This act takes effect upon approval by the Governor.
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