Bill Text - SB95 (2009)

(2nd New Title) relative to criminal records checks for certain employees and volunteers.


Revision: July 21, 2009, midnight

CHAPTER 250

SB 95 - FINAL VERSION

02/12/09 0151s

22Apr2009… 1329h

2009 SESSION

09-0986

01/05

SENATE BILL 95

AN ACT relative to criminal records checks for certain employees and volunteers.

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

AMENDED ANALYSIS

This bill clarifies the requirements for criminal records checks for household members of employees of health care facilities and adds a definition of “volunteers” 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/12/09 0151s

22Apr2009… 1329h

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 certain employees and volunteers.

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

250:1 Health Care Facility Licensing; Criminal Record Check. Amend RSA 151:2-d 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 at the time of application and, subsequently for the duration of licensure or certification, for each new household member 17 years of age or older.

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, “volunteers” shall not include any person admitted to a facility or entity required to be licensed or certified under this chapter or who resides in an affiliated corporate entity that is an integral part of the same community.

250:2 Effective Date. This act shall take effect upon its passage.

Approved: July 16, 2009

Effective Date: July 16, 2009

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