Current Status Bill Number:4972 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960424 Primary Sponsor:Neal All Sponsors:Neal Drafted Document Number:bbm\10456ac.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Home health agency license, fingerprint reviews
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960424 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976 BY ADDING SECTION 44-69-35 SO AS TO PROHIBIT ISSUANCE OF A HOME HEALTH AGENCY LICENSE IF THE APPLICANT, OPERATOR, OR AN EMPLOYEE HAS BEEN CONVICTED OF CERTAIN CRIMES AND TO REQUIRE AN APPLICANT OR EMPLOYEE TO UNDERGO STATE AND FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEWS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-69-35. (A) No license may be issued to a person, private or public organization, political subdivision, or other governmental agency if the applicant, operator, or an employee of the home health agency 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 crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(B) A person applying for a license or applying for employment at a home health agency 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. However, pending the results of the fingerprint reviews, a provisional license may be issued or a person temporarily may be employed by the agency."
SECTION 2. This act takes effect upon approval by the Governor.