Bill Text - SB394 (2016)

Relative to criminal history record checks of nursing home administrators.


Revision: June 8, 2016, midnight

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CHAPTER 181

SB 394 - FINAL VERSION

 

2016 SESSION

\t16-2885

\t01/06

 

SENATE BILL\t394

 

AN ACT\trelative to criminal history record checks of nursing home administrators.

 

SPONSORS:\tSen. Stiles, Dist 24; Sen. Reagan, Dist 17; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Sen. Birdsell, Dist 19; Rep. Guthrie, Rock. 13; Rep. Infantine, Hills. 13; Rep. Fields, Belk. 4; Rep. Pantelakos, Rock. 25

 

COMMITTEE:\tJudiciary

 

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ANALYSIS

 

\tThis bill requires applicants for nursing home administrator to submit to background checks as 181:a part of the initial or reciprocity licensure process.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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\t01/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to criminal history record checks of nursing home administrators.

 

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

 

\t181:1  New Section; Nursing Home Administrators; Background Checks.  Amend RSA 151-A by inserting after section 6 the following new section:

\t151-A:6-a  Criminal History Record Checks.

\t\tI.  Every applicant for initial or reciprocity licensure or reinstatement shall submit to the board a notarized criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

\t\tII.  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.

\t\tIII.  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.

\t\tIV.  The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.

\t\tV.  The applicant shall bear the cost of a criminal history record check.

\t181:2  Effective Date.  This act shall take effect January 1, 2017.

Approved: June 3, 2016

Effective Date: January 1, 2017

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