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
ARTICLE 5C. NURSING HOMES.
§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
_____(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."