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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 WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.
Be it enacted by the General Assembly of the State of South Carolina:
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) No direct care entity may employ or contract with a direct caregiver until after the direct caregiver has undergone a criminal record check as provided in this section. However, pending the results of the criminal record check, a person temporarily may be employed or may contract as a direct caregiver with a direct care entity. A direct care entity employing or contracting with a direct caregiver shall commence a criminal record check as provided in this section within seven days of employing or contracting with the direct caregiver. A direct care entity may consider the 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 or the home office of his employer.
(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; or.
(f) 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 federal criminal record check on the applicant in addition to the state criminal record check. However, if the direct care entity is located in a county of this State that borders either North Carolina or Georgia and the direct care applicant can verify residency in North Carolina or Georgia for the twelve months preceding the date of the employment application through the same means enumerated in (C)(1)(a) through (d), the direct care entity shall conduct only a state criminal record check in the applicant's resident state.
(D) Annually, on the anniversary of a direct caregiver's employment, the caregiver must sign a statement on forms provided by the direct care entity providing that the caregiver has not been convicted of or pled guilty to:
(1) a violent crime as defined by Section 16-1-60;
(2) criminal sexual conduct in the third degree (Section 16-3-654);
(3) criminal domestic violence (Section 16-25-20);
(4) assault and battery of a high and aggravated nature;
(5) unlawful neglect of a child or helpless person by a legal custodian (Section 20-7-50);
(6) ill-treating children, apprentices, servants, incompetents or helpless persons (Section 20-7-60);
(7) abuse of incapacitated persons (Section 43-29-41);
(8) abuse or physical or mental injury to client or patient (Section 43-30-100);
(9) administering or attempting to administer poison (Section 16-3-70);
(10) unlawful and malicious tampering with a human drug product or food (Section 16-2-75); or
(11) a criminal offense similar in nature to the above listed crimes committed in another jurisdiction or under federal law."
SECTION 2. 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.
This web page was last updated on Thursday, June 25, 2009 at 10:18 A.M.