H 3331 Session 112 (1997-1998)
H 3331 General Bill, By Knotts, Allison, Altman, Askins, Bailey, Barfield,
Battle, Bauer, Beck, G. Brown, H. Brown, J. Brown, T. Brown, A.W. Byrd, Campsen,
Cato, Cooper, Cotty, Dantzler, Davenport, Edge, J.G. Felder, Fleming, Gamble,
Harrell, Harrison, Harvin, Haskins, Hawkins, Hinson, Howard, Inabinett,
B.L. Jordan, Keegan, Kelley, Kirsh, Klauber, Koon, Lanford, Law, Lee,
L.H. Limbaugh, Limehouse, Littlejohn, Lloyd, Maddox, Martin, Mason, McCraw,
W. McLeod, J.D. McMaster, Miller, V.T. Mullen, Neilson, Phillips, Quinn, Rhoad,
Rice, Meacham, Riser, Robinson, Rodgers, Scott, Seithel, Simrill, J. Smith,
R. Smith, D. Smith, Spearman, Stille, E.C. Stoddard, Stuart, Tripp, Trotter,
Walker, Webb, Whatley, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum,
Young-Brickell and W.J. Young
A 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 APPLICANTS FOR EMPLOYMENT WITH NURSING
HOMES AND HOME HEALTH AGENCIES TO UNDERGO CRIMINAL BACKGROUND INVESTIGATIONS
AND TO PROVIDE IMMUNITY FROM LIABILITY FOR PROVIDING THIS INFORMATION OR USING
IT TO DENY OR TERMINATE EMPLOYMENT.
01/29/97 House Introduced and read first time HJ-10
01/29/97 House Referred to Committee on Judiciary HJ-10
02/25/97 House Recalled from Committee on Judiciary HJ-21
02/25/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-21
A 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
APPLICANTS FOR EMPLOYMENT WITH NURSING HOMES
AND HOME HEALTH AGENCIES TO UNDERGO CRIMINAL
BACKGROUND INVESTIGATIONS AND TO PROVIDE
IMMUNITY FROM LIABILITY FOR PROVIDING THIS
INFORMATION OR USING IT TO DENY OR TERMINATE
EMPLOYMENT.
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 23
Criminal History Checks for Nursing Home and
Home Health Agency Personnel
Section 44-7-2910. As used in this article:
(1) 'Conviction' means a finding or verdict of guilty or a plea of
guilty regardless of whether an appeal of the conviction has been
sought.
(2) 'Crime' means a violent crime as defined by Section 16-1-60
or a criminal offense similar in nature to these crimes which have
been committed in other jurisdictions or under federal law; unlawful
and malicious tampering with human drug product or food (Section
16-2-75); or criminal sexual conduct in the third degree (Section
16-3-654); criminal domestic violence (Section 16-25-20); assault
and battery of a high and aggravated nature; unlawful neglect of child
or helpless person by legal custodian (Section 20-7-50); abuse or
exploitation of a vulnerable adult (Section 43-35-5, et seq.);
administering or attempting to administer poison (Section 16-3-70);
or a criminal offense similar in nature to these crimes which have
been committed in other jurisdictions or under federal law.
(3) `Criminal record' means:
(a) conviction of a crime;
(b) arrest, charge, and sentencing for a crime if:
(i) a plea of nolo contendere was entered to the charge;
(ii) pretrial intervention without adjudication of guilt pursuant
to the charge was granted; or
(iii) adjudication or sentence was otherwise withheld or not
entered on the charge; or
(c) arrest and charges for a crime if the charge is pending.
(4) 'Division' means the State Law Enforcement Division.
(5) 'Employment applicant' or 'applicant' means a person seeking
employment with a nursing home or home health agency.
(6) 'Nursing home' means a facility whether proprietary or
nonprofit including, but not limited to, nursing homes owned or
administered by the State or a political subdivision of the State.
(7) 'Home health 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 44-7-2920. (A) Before hiring an employment applicant,
a nursing home or home health 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
agency must notify the applicant that:
(1) for this type of employment, state law requires a criminal
history check as a condition of employment;
(2) the applicant has a right to obtain a copy of the criminal
history report and challenge the accuracy and completeness of the
report;
(3) the applicant will not be hired if the criminal history check
indicates that the applicant has a criminal record as that term is
defined in this article 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 and
must be submitted to the division in person, by mail, or by facsimile.
The fee must be no greater than the actual cost of processing the
request. The division shall perform the criminal history check within
three days of receiving the request.
Section 44-7-2930. An employment applicant whose criminal
history record indicates a criminal record may request that the
nursing home or home health agency commence a fingerprint-based
criminal background check by submitting necessary fees and
information in a form and manner prescribed by the division within
thirty days after the criminal history report is received by the nursing
home or home health agency. The fee for a fingerprint-based record
check may not exceed the actual cost of the record check.
Section 44-7-2940. (A) The law enforcement officer or agency
providing the criminal history record pursuant to this article, is not
responsible for the accuracy of information and is immune from civil
and criminal liability which may otherwise result from providing this
information.
(B) A nursing home or home health agency or an administrator of
a nursing home or a home health agency or the employees of either
are immune from liability for wrongful discharge, unemployment
security benefits, or any other claim based upon:
(1) refusal to employ a person with a criminal record;
(2) termination of employment of a person with a criminal
record already employed by the nursing home or home health agency;
or
(3) other action taken in good faith reliance upon the criminal
history report received pursuant to this article.
Section 44-7-2950. A state agency or an employee of a state
agency required to report the abuse, neglect, or exploitation of a
vulnerable adult as provided in Section 43-35-25 shall comply with
that section and the provision of Chapter 35, Title 43."
SECTION 2. No later than July 1, 1997, nursing homes and home
health agencies must initiate in accordance with Article 23, Chapter
7, Title 44, as added by Section 1 of this act, a criminal history check
on all current employees whose duties involve direct care for clients,
patients, or residents.
SECTION 3. This act takes effect July 1, 1997, and applies to
persons applying for employment with a nursing home or home
health agency after June 30, 1997, except as provided in Section 2 of
this act.
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