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:

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 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.”