|
H*3987 Session 115 (2003-2004)
H*3987(Rat #0414, Act #0264 of 2004) General Bill, By White, Altman and Toole
Similar(S 671)
AN ACT TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND
OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO
COMMENCE A CRIMINAL RECORD CHECK PRIOR TO EMPLOYING OR CONTRACTING WITH A
DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO
HAVE SUCH CHECKS CONDUCTED AND TO REQUIRE A RECORD OF THE RESULTS OF THE CHECK
TO BE MAINTAINED, TO PROVIDE THAT FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS
IN DIRECT CARE FACILITIES ARE NOT "DIRECT CAREGIVERS", TO REQUIRE A DIRECT
CARE ENTITY TO CONDUCT A STATE CRIMINAL RECORD CHECK PRIOR TO EMPLOYING AN
INDIVIDUAL WHEN SOUTH CAROLINA RESIDENCY CAN NOT BE VERIFIED AND TO PROVIDE
THAT A DIRECT CARE ENTITY IS ONLY REQUIRED TO CONDUCT A FEDERAL CHECK AFTER
EMPLOYMENT COMMENCES IF RESIDENCY IN ANOTHER STATE CANNOT BE VERIFIED; AND TO
AMEND SECTION 44-7-2920, RELATING TO PROCEDURES FOR CONDUCTING CRIMINAL RECORD
CHECKS, SO AS TO DELETE THE PROVISION AUTHORIZING A DIRECT CARE ENTITY TO
TEMPORARILY EMPLOY A PERSON PENDING THE RESULTS OF THE CRIMINAL RECORD CHECK.
- ratified title
04/09/03 House Introduced and read first time HJ-75
04/09/03 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-76
05/21/03 House Recalled from Committee on Medical, Military,
Public and Municipal Affairs HJ-40
05/22/03 House Member(s) request name added as sponsor: Altman
05/27/03 House Debate adjourned until Wednesday, May 28, 2003 HJ-20
05/28/03 House Amended HJ-33
05/28/03 House Requests for debate-Rep(s). EH Pitts, Rutherford,
JE Smith, Howard, JH Neal, Weeks, Quinn,
Clyburn, Tripp, Hosey, Merrill, Pinson, Duncan,
Herbkersman, Viers, Jennings and Bailey HJ-35
06/03/03 House Debate adjourned until Tuesday, January 13, 2004 HJ-120
01/14/04 House Debate adjourned until Tuesday, February 3, 2004 HJ-93
02/03/04 House Member(s) request name added as sponsor: Toole
02/04/04 House Amended HJ-27
02/04/04 House Read second time HJ-28
02/04/04 House Roll call Yeas-110 Nays-0 HJ-28
02/05/04 House Read third time and sent to Senate HJ-22
02/05/04 Senate Introduced and read first time SJ-7
02/05/04 Senate Referred to Committee on Medical Affairs SJ-7
05/13/04 Senate Committee report: Favorable with amendment
Medical Affairs SJ-6
05/14/04 Scrivener's error corrected
05/18/04 Senate Amended SJ-24
05/18/04 Senate Read second time SJ-24
05/18/04 Senate Ordered to third reading with notice of
amendments SJ-24
05/19/04 Senate Amended SJ-48
05/19/04 Senate Read third time and returned to House with
amendments SJ-48
05/26/04 House Senate amendment amended HJ-50
05/26/04 House Returned to Senate with amendments HJ-53
06/02/04 Senate Concurred in House amendment and enrolled SJ-41
06/03/04 Ratified R 414
07/06/04 Signed By Governor
07/13/04 Copies available
07/13/04 Effective date See Act For Effective Date
07/14/04 Act No. 264
H. 3987
(A264, R414, H3987)
AN ACT TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK PRIOR TO EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO REQUIRE A RECORD OF THE RESULTS OF THE CHECK TO BE MAINTAINED, TO PROVIDE THAT FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES ARE NOT "DIRECT CAREGIVERS", TO REQUIRE A DIRECT CARE ENTITY TO CONDUCT A STATE CRIMINAL RECORD CHECK PRIOR TO EMPLOYING AN INDIVIDUAL WHEN SOUTH CAROLINA RESIDENCY CAN NOT BE VERIFIED AND TO PROVIDE THAT A DIRECT CARE ENTITY IS ONLY REQUIRED TO CONDUCT A FEDERAL CHECK AFTER EMPLOYMENT COMMENCES IF RESIDENCY IN ANOTHER STATE CANNOT BE VERIFIED; AND TO AMEND SECTION 44-7-2920, RELATING TO PROCEDURES FOR CONDUCTING CRIMINAL RECORD CHECKS, SO AS TO DELETE THE PROVISION AUTHORIZING A DIRECT CARE ENTITY TO TEMPORARILY EMPLOY A PERSON PENDING THE RESULTS OF THE CRIMINAL RECORD CHECK.
Be it enacted by the General Assembly of the State of South Carolina:
Criminal record checks for direct caregivers
SECTION 1. Section 44-7-2910 of the 1976 Code, as added by Act 242 of 2002, is amended to read:
"Section 44-7-2910. (A)(1) A direct care entity employing or contracting with a direct caregiver shall conduct a criminal record check as provided in this section prior to employing or contracting with the direct caregiver. A direct care entity may consider all information revealed by a criminal record check as a factor in evaluating a direct caregiver's application to be employed by or contract with the entity.
(2) An employment agency may not furnish employees to a direct care entity without conducting a criminal record check on each employee. An employee who works in multiple direct care settings must have a criminal record check on file at the location of the employment agency, the home office of his employer, or at the individual's primary place of employment.
(B) For purposes of this article:
(1) 'Direct care entity' means:
(a) a nursing home, as defined in Section 44-7-130;
(b) a daycare facility for adults, as defined in Section 44-7-130;
(c) a home health agency, as defined in Section 44-69-20;
(d) a community residential care facility, as defined in Section 44-7-130;
(2) 'Direct caregiver' or 'caregiver' means:
(a) a registered nurse, licensed practical nurse, or certified nurse assistant;
(b) any other licensed professional employed by or contracting with a direct care entity who provides to patients or clients direct care or services and includes, but is not limited to, a physical, speech, occupational, or respiratory care therapist;
(c) a person who is not licensed but provides physical assistance or care to a patient or client served by a direct care entity;
(d) a person employed by or under contract with a direct care entity who works within any building housing patients or clients;
(e) a person employed by or under contract with by a direct care entity whose duties include the possibility of patient or client contact.
For purposes of this article, a direct caregiver does not include a faculty member or student enrolled in an educational program, including clinical study in a direct care entity.
(C)(1) A direct caregiver applicant shall provide verification of residency for the twelve months preceding the date of the employment application. The direct care entity shall conduct a state criminal record check if the applicant has resided in South Carolina during that twelve-month period and can verify residency through:
(a) a driver's license or identification card issued by the State of South Carolina;
(b) rent, mortgage, or utility receipts in the applicant's name for a home within South Carolina;
(c) pay stubs in the applicant's name from a business located in South Carolina; or
(d) bank records in the applicant's name showing a deposit or checking account held in a South Carolina branch office of a bank.
(2) A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a state criminal record check on the applicant prior to employment and shall commence a federal criminal record check after employment. However, if the direct care entity can verify residency in another state for the preceding twelve months, the direct care entity may conduct only a state criminal record check in the applicant's resident state or jurisdiction where the applicant previously resided.
Procedures for conducting criminal record checks
SECTION 2. Section 44-7-2920 of the 1976 Code, as added by Act 242 of 2002, is amended to read:
"Section 44-7-2920. Criminal record checks required pursuant to this article must be conducted by the State Law Enforcement Division or by a private business, organization, or association which conducts background checks if that entity utilizes current criminal records obtained from the State Law Enforcement Division or the Federal Bureau of Investigation to determine any criminal record. An applicant shall submit with the application one complete set of the applicant's fingerprints on forms specified or furnished by the State Law Enforcement Division. Fingerprint cards submitted to the State Law Enforcement Division pursuant to this section must be used to facilitate a national criminal records check, as required by this section. The criminal record check is not required to be repeated as long as the person remains employed by or continues to contract with a direct care entity; however, if a person is not employed by or is not under contract for one year or longer with a direct care entity, the criminal record check must be repeated before resuming employment or contracting with a direct care entity. The fee charged by the Federal Bureau of Investigation, if any, for the fingerprint review must be paid by the individual direct caregiver or the direct care entity."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and
applies to direct caregivers employed by or who contract with a direct care entity on or after this act's effective date.
Ratified the 3rd day of June, 2004.
Approved the 6th day of July, 2004.
__________
| 
Staff Portal
