S 1141 Session 111 (1995-1996)
S 1141 General Bill, By Leatherman
A Bill to amend Title 44, Chapter 7, Code of Laws of South Carolina, 1976,
relating to hospitals, tuberculosis camps, and health services districts, by
adding Article 23 so as to require fingerprint reviews of nursing assistants
in health care facilities, to provide for transfer of information among
facilities, and to provide penalties.
02/14/96 Senate Introduced and read first time SJ-11
02/14/96 Senate Referred to Committee on Medical Affairs SJ-11
03/20/96 Senate Committee report: Favorable with amendment
Medical Affairs SJ-14
COMMITTEE REPORT
March 20, 1996
S. 1141
Introduced by SENATOR Leatherman
S. Printed 3/20/96--S.
Read the first time February 14, 1996.
THE COMMITTEE ON MEDICAL AFFAIRS
To whom was referred a Bill (S. 1141), to amend Title 44,
Chapter 7, Code of Laws of South Carolina, 1976, relating to
hospitals, tuberculosis camps, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 44-7-2940, page 2,
line 17, after /review/ by inserting /,the cost of which must be borne
by the health care facility,/.
Renumber sections to conform.
Amend totals and title to conform.
McKINLEY WASHINGTON, JR., for Committee.
A BILL
TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO HOSPITALS,
TUBERCULOSIS CAMPS, AND HEALTH SERVICES
DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE
FINGERPRINT REVIEWS OF NURSING ASSISTANTS IN
HEALTH CARE FACILITIES, TO PROVIDE FOR TRANSFER
OF INFORMATION AMONG FACILITIES, AND TO PROVIDE
PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 44, Chapter 7 of the 1976 Code is amended
by adding:
"Article 23
Fingerprint Reviews for
Nursing Assistants in Health Care Facilities
Section 44-7-2910. (A) No health care facility as defined in
Section 44-7-130 may employ or contract with a nursing assistant if
the person 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.
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 health
care facility as a nursing assistant 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 at a health
care facility for nursing assistants 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 health care facility as a nursing assistant 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
health care facility as a nursing assistant, 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 health care facility. 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 health care facility; 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 health care facility as a nursing assistant.
Section 44-7-2950. A health care facility shall furnish copies of
personnel records of current or former nursing assistants to another
health care facility requesting this information. Information
contained in the records may include, but is not limited to,
disciplinary matters and any reason for termination. A health care
facility releasing these records pursuant to this section is presumed
to be acting in good faith and may not be held liable for
information contained in these records, absent a showing that the
health care facility maliciously falsified the records."
SECTION 2. Notwithstanding Title 44, Chapter 7, Article 23 of
the 1976 Code, as added by Section 1 of this act, no person who is
employed by or is contracting with a health care facility as defined
in Section 44-7-2910 on July 1, 1996, as a nursing assistant is
required to undergo a state fingerprint review conducted by the
State Law Enforcement Division of the Federal Bureau of
Investigation. However, after July 1, 1996, if the person is not
employed by or does not contract with a health care facility as a
nursing assistant for one year or longer, the person must comply
with Article 23.
SECTION 3. This act takes effect July 1, 1996.
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