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

March 20, 1996

S. 1141

S. Printed 3/20/96--S.

Read the first time February 14, 1996.

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

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

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.