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Current Status Bill Number:View additional legislative information at the LPITS web site.3242 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990112 Primary Sponsor:Lourie All Sponsors:Lourie, J. Smith, Neilson Drafted Document Number:l:\council\bills\jic\5025ac99.doc Companion Bill Number:99 Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Residential care facilities, nursing home health caregivers, criminal record checks required of; Medical History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990203 Co-Sponsor added (Rule 5.2) by Rep. J. Smith Neilson House 19990112 Introduced, read first time, 27 H3M referred to Committee House 19990106 Prefiled, referred to Committee 27 H3M Versions of This Bill
TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE STATE AND FEDERAL CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION AMONG FACILITIES AND AGENCIES, TO PROVIDE PENALTIES, AND TO PROVIDE THAT STATE CHECKS ARE NOT REQUIRED FOR DIRECT CAREGIVERS EMPLOYED ON JULY 1, 1999, UNLESS THEY SUBSEQUENTLY ARE UNEMPLOYED FOR ONE YEAR OR LONGER.
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:
Section 44-7-2910. (A) No nursing home defined in Section 44-7-130, or home health agency, as defined in Section 44-69-20, may employ or contract with a direct caregiver if the caregiver has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the felonies classified in Section 16-1-10(A);
(4) the offenses enumerated in Section 16-1-10(D); or
(5) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(B) For purposes of this article a 'direct caregiver' or caregiver is:
(1) a registered nurse, a licensed practical nurse, or a certified nurse assistant;
(2) any other licensed professional who provides direct care or services to a patient including, but not limited to, a physical, speech, or occupational therapist; or
(3) a person who is not licensed but provides physical assistance or care to a patient.
Section 44-7-2920. A person who has been convicted of a crime enumerated in Section 44-7-2910 who applies for employment with, is employed by, seeks to contract with, or contracts with a nursing home or home health agency who provides direct care is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 44-7-2930. Application forms for employment for caregivers at a nursing home or home health agency must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in Section 44-7-2910 who applies for employment with, is employed by, seeks to contract with, or contracts with a nursing home or home health agency as a direct caregiver is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
Section 44-7-2940. To be employed by or to contract with a nursing home or home health agency as a direct caregiver, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. Pending the results of the fingerprint reviews, a person temporarily may be employed or contract with a nursing home or home health agency. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues to contract with a nursing home or home health agency as a caregiver; however, if a person is not employed or is not under contract for one year or longer, the fingerprint reviews must be repeated before resuming employment or contracting with a nursing home or home health agency as a caregiver.
Section 44-7-2950. A nursing home or home health agency shall furnish copies of personnel records of current or former direct caregivers to another nursing home or home health agency requesting this information. Information contained in the records may include, but is not limited to, disciplinary matters and any reasons for termination. A nursing home or home health agency releasing these records pursuant to this section is presumed to be acting in good faith and is immune from civil and criminal liability which otherwise may result by reason of releasing this information."
SECTION 2. Notwithstanding Article 23, Chapter 7, Title 44 of the 1976 Code, as added by Section 1 of this act, a person who is employed by or is contracting with a nursing home as defined in Section 44-7-130 or a home health agency as defined in Section 44-69-20 on July 1, 1999, as a direct caregiver as defined in Section 44-7-2910 is not required to undergo a state fingerprint review conducted by the State Law Enforcement Division or the Federal Bureau of Investigation. However, after July 1, 1999, if a person exempt from the state fingerprint review pursuant to this section is not employed by or does not contract with a nursing home or home health agency as a direct caregiver for one year or longer, the person must comply with all requirements of Article 23.
SECTION 3. This act takes effect July 1, 1999.
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