HB3108 HHR AM 2-13

JW - 3909

    Delegates Fleischauer and Perdue move to amend the bill on page one, line seventeen by striking everything after the enacting section and inserting the following:


§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 authorized to practice a profession 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.