H 3309 Session 112 (1997-1998)
H 3309 General Bill, By Neilson, Allison, Altman, Bauer, J. Brown, Cato, Cave,
Cotty, Davenport, Fleming, Govan, Harvin, J. Hines, Inabinett, Keegan,
Littlejohn, Maddox, W. McLeod, Miller, Phillips, Rhoad, Scott, Simrill,
J. Smith, Stille, Stuart, Vaughn, Walker and Young-Brickell
Similar(S 132)
A BILL TO AMEND CHAPTER 7, TITLE 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 CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS
EMPLOYED BY NURSING HOMES AND HOME HEALTH AGENCIES, TO PROVIDE FOR TRANSFER OF
INFORMATION AMONG FACILITIES AND AGENCIES, AND TO PROVIDE PENALTIES.
01/28/97 House Introduced and read first time HJ-10
01/28/97 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-10
A BILL
TO AMEND CHAPTER 7, TITLE 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
CRIMINAL RECORD CHECKS OF DIRECT CAREGIVERS
EMPLOYED BY NURSING HOMES AND HOME HEALTH
AGENCIES, TO PROVIDE FOR TRANSFER OF INFORMATION
AMONG FACILITIES AND AGENCIES, AND TO PROVIDE
PENALTIES.
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 Record Checks
of Direct Care Staff
Section 44-7-2910. (A) No nursing home defined in Section
44-7-130 or a 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, no 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, 1997 as a direct caregiver as defined in Section
44-7-2910 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, 1997, if the person 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 Article 23.
SECTION 3. This act takes effect July 1, 1997.
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