View Amendment Current Amendment: 1 to Bill 3012 The Medical, Military, Public and Municipal Affairs Committee proposes the following Amendment No. 1 to H. 3012 (COUNCIL\NBD\11411AC11):

Reference is to the bill as introduced.

Amend the bill, as and if amended, Section 44-70-20(3)(c) page 2, line 35 by deleting /./ and inserting /;/ and by inserting after line 35:

/      (d)      an individual hired directly by the person receiving care or hired by his family; or
     (e)      a church or another religious institution recognized as a 501(c)(3) organization by the Internal Revenue Service that provides in-home care services without compensation or for a nominal fee collected to cover incidental expenses directly related to such care./

Amend the bill, further by deleting Section 44-70-40 on page 2, line 42 through page 3, line 24 and inserting:

/Section 44-70-40.      The department shall promulgate regulations for the licensure of in-home care providers. The department must include the following standards and procedures in developing regulations:
     (1)      license application and renewal procedures;
     (2)      criminal background checks for licensure applicants, which may include criminal offenses that preclude licensure;
     (3)      drug testing of licensure applicants;
     (4)      responsibilities and duties of a licensee, including requirements for bonding, record keeping, and reporting;
     (5)      fees the department may charge to process an application for a license, the issuance of a license, the renewal of a license, and the reinstatement of a revoked or suspended license;
     (6)      criteria that a licensee's employee, agent, independent contractor, or referral must satisfy before providing in-home care service. These criteria must include, but are not limited to, personal information, completion of a minimum education requirement, completion of minimum training and continuing education requirements, and screening for communicable diseases;
     (7)      standards for liability and other appropriate insurance coverage; and
     (8)      sanctions that the department may impose for a violation of this chapter, including the suspension or revocation of a license or the imposition of a monetary penalty. Sanctions imposed may be appealed pursuant to Section 44-1-60. /

Amend the bill, further, Section 44-70-60 page 3, on line 36 and on line 39 before the /./ by inserting /and submit to a drug test /

So when amended Section 44-70-60 will read:

/Section 44-70-60.      (A)      Before becoming licensed as an in-home care provider, a person must undergo a criminal background check as provided for in regulations promulgated by the department pursuant to Section 44-70-40 and submit to a drug test.
     (B)      Before being employed as an in-home caregiver by a licensed in-home care provider, a person shall undergo a criminal background check as provided for in Section 44-7-2910 and submit to a drug test./

Amend the bill, further, by deleting Section 44-70-70 beginning on page 3, line 41 through page 4, line 2 and inserting:

/      Section 44-70-70.      A licensed in-home provider and an individual employed as an in-home caregiver by a licensed in-home care provider is subject to random drug testing.

     Section 44-70-80.      Fees collected pursuant to this chapter must be retained by the department and credited to a separate and distinct account to be used exclusively by the department to carry out its responsibilities under this chapter."/

Renumber sections to conform.
Amend title to conform.