HB3108 HH&HR AM 3-27
     Delegate Campbell, Perry and Perdue move to amend the bill on page one, line twenty by striking everything after the enacting section and inserting the following:
     "That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-5C-21, to read as follows:
§16-5C-21. Criminal background check.
_____(a) Notwithstanding a legislative rule or provider manual issued by the department, a nursing home shall conduct a criminal background check investigation on all applicants for employment.
_____(b) An applicant may not have been convicted of a felony in any jurisdiction within 10 years proceeding the date of application for employment which conviction remain unreversed.
_____(c) If an applicant has been convicted of a misdemeanor or a felony offense constituting child abuse or neglect or abuse or neglect of an adult, he or she may not be employed by a nursing home.
_____(d) If an applicant is under chapter thirty of this code, the applicant shall only be required to meet the criminal background check standard established to obtain licensure in order to work in a nursing home. If a criminal background check standard is not established for that profession under chapter thirty of this code, the department shall implement a criminal background check standard by proposing a rule for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code.