Bill Text - SB95 (2009)

Relative to criminal records checks for volunteers and other persons having direct contact with a client.


Revision: Jan. 20, 2009, midnight

SB 95 – AS INTRODUCED

2009 SESSION

09-0986

01/05

SENATE BILL 95

AN ACT relative to criminal records checks for volunteers and other persons having direct contact with a client.

SPONSORS: Sen. Gallus, Dist 1; Sen. Hassan, Dist 23; Rep. Irwin, Hills 3; Rep. Millham, BelkĀ 5; Rep. Headd, Rock 3; Rep. Bouchard, Merr 11

COMMITTEE: Health and Human Services

ANALYSIS

This bill adds definitions of “volunteers” and “direct contact” for the purposes of the criminal record check required for potential employees in health care facilities.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0986

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to criminal records checks for volunteers and other persons having direct contact with a client.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Health Care Facility Licensing; Criminal Record Check. Amend RSA 151:2-d, II to read as follows:

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. For the purposes of this paragraph:

(a) “Volunteers” shall not include individuals who reside in the facility or entity required to be licensed or certified under this chapter or in an affiliated corporate entity that is an integral part of the same community.

(b) “Direct contact” shall not include casual social contact such as holding a hand, serving refreshments at programs or events, assisting with crafts or recreational activities such as music, card games and sewing, or delivering flowers or books from a book cart.

2 Effective Date. This act shall take effect January 1, 2010.

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