CHAPTER 268
SB 420 – FINAL VERSION
03/13/08 0885s
30Apr2008… 1357h
2008 SESSION
01/04
SENATE BILL 420
AN ACT relative to criminal background checks of health care facilities and certain nurse applicants.
SPONSORS: Sen. Fuller Clark, Dist 24; Sen. Hassan, Dist 23; Sen. Burling, Dist 5; Rep. Donovan, Sull 4; Rep. Pilotte, Hills 16; Rep. Shurtleff, Merr 10; Rep. MacKay, Merr 11
COMMITTEE: Executive Departments and Administration
This bill requires every applicant applying for a license to operate a health care facility to submit with the application the results of a criminal records check for the applicant, the licensee, or certificate holder if different than the applicant, the administrator, and each household member, if applicable. Current law only requires residential facilities and home health care agencies to comply with such a law.
This bill also requires only those applicants applying for licensure as an LPN or RN to submit a set of fingerprints and to undergo a criminal history records check through the Federal Bureau of Investigation in addition to the state criminal history records check for a limited period of time. Current law requires all applicants for licensure under RSA 326-B to submit a set of fingerprints and to undergo both criminal history records checks.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/13/08 0885s
30Apr2008… 1357h
08-2784
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to criminal background checks of health care facilities and certain nurse applicants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
268:1 Health Care Facility Licensing; Criminal Record Check Required. RSA 151:2-d is repealed and reenacted to read as follows:
151:2-d Criminal Record Check Required.
I. Every applicant for a license or certification to operate any facility or entity required to be licensed or certified under this chapter shall submit with the initial application for licensure or certification the results of a criminal records check from the department of safety for the applicant, the licensee, or certificate holder if other than the applicant, the administrator, and each household member 17 years of age or older, if any, who reside at the facility for which the application for a license is submitted.
II. For the duration of licensure or certification every individual selected for employment with any facility or entity required to be licensed or certified under this chapter shall submit to the employer a notarized criminal conviction record release authorization form, as provided by the division of state police, which authorizes the release of his or her criminal conviction record to the facility pursuant to RSA 106-B:14. This shall apply to any employee, including volunteers, whose scope of employment will involve direct contact with a client, client records or client tissue, body fluids, or other biological material.
III. The licensee or certificate holder shall submit the notarized criminal conviction record release authorization form to the division of state police after an applicant accepts a conditional offer of employment. The licensee or certificate holder shall review the results of the criminal conviction record check before making a final offer of employment. An employee shall not begin work before the final offer of employment is made.
IV.(a) Upon receipt of a notarized criminal conviction record release authorization form from a facility or entity licensed under this chapter, the division of state police shall conduct a criminal conviction record check pursuant to RSA 106-B:14 and provide the results to the licensee or certificate holder. The licensee or certificate holder shall maintain the confidentiality of all criminal conviction records received pursuant to this section.
(b) The cost of criminal conviction record checks for such applicants shall be borne by the licensee or certificate holder, provided that the licensee or certificate holder may require an applicant to pay the actual cost of the criminal conviction record check.
V.(a) Any agency providing temporary or per diem staff to a facility or entity licensed or certified under this chapter shall conduct a criminal conviction record check pursuant to this section. The agency shall not offer the services of any person until the agency has reviewed the criminal history of the employee.
(b) The cost of criminal history record checks for such temporary or per diem staff shall be borne by the agency providing temporary or per diem staff to a home health care provider, provided that the agency providing per diem staffing may require the selected applicant for employment to pay the actual costs of the criminal conviction record check.
VI. The provisions of this section shall not apply to any person who is licensed by the board of nursing pursuant to RSA 326-B and has already undergone a criminal background check.
268:2 Repeal. RSA 151:3-c, relative to criminal record check for residential care facilities, is repealed.
268:3 Nurse Practice Act; Criminal History Record Check. Amend RSA 326-B:15, II and III to read as follows:
II. [The] An applicant for licensure as an RN or an LPN shall also submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and if applicable the fingerprint form to the division of state police [which]. The division of state police shall conduct a criminal history records check on all applicants through its records and for applicants for licensure as LPNs or RNs shall also conduct a criminal records check through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board. The board shall maintain the confidentiality of all criminal history records information received pursuant to this section.
268:4 Nurse Practice Act; Criminal History Record Check. RSA 326-B:15, II and III is repealed and reenacted to read as follows:
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board. The board shall maintain the confidentiality of all criminal history records information received pursuant to this section.
268:5 Contingency. Section 4 of this act shall take effect 30 days after the date of certification by the director of the division of state police to the secretary of state and the director of legislative services that the division of state police is able to begin carrying out the responsibilities set forth under RSA 326-B:15, II and III as inserted by section 4 of this act; provided, that such certification shall be provided no later than March 1, 2009.
268:6 Effective Date.
I. Section 4 of this act shall take effect as provided in section 5 of this act.
II. Sections 1 and 2 of this act shall take effect January 1, 2009.
III. The remainder of this act shall take effect upon its passage.
Approved: June 26, 2008
Effective Date: I. Section 4 shall take effect as provided in section 5.
II. Sections 1 and 2 shall take effect January 1, 2009.
III. Remainder shall take effect June 26, 2008.