Bill Text: IN SB0111 | 2013 | Regular Session | Introduced
Bill Title: Health facility employee criminal background checks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Corrections & Criminal Law [SB0111 Detail]
Download: Indiana-2013-SB0111-Introduced.html
Citations Affected: IC 10-13-3; IC 16-18-2; IC 16-28-14.7;
IC 34-30-2-67.7; IC 35-51-16-1.
Synopsis: Health facility employee criminal background checks.
Requires a health facility to obtain a national criminal history
background check or an expanded criminal history check for the health
facility's employees. Provides immunity to persons: (1) for denying or
terminating employment because of another person's criminal history;
or (2) for reporting to or participating in the proceedings of the state
department of health or the registry of nurse aides.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Corrections & Criminal Law.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(b) The term includes the following:
(1) A business or an organization that licenses or certifies others to provide care or care placement services.
(2) A home health agency licensed under IC 16-27-1.
(3) A personal services agency licensed under IC 16-27-4.
(4) A health facility licensed under IC 16-28-2.
(b) A qualified entity may contact the department to request a national criminal history background check on any of the following persons:
(1) A person who seeks to be or is employed with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person is initially employed by the qualified entity.
(2) A person who seeks to volunteer or is a volunteer with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person initially volunteers with the qualified entity.
(3) A person for whom a national criminal history background check is required under any law relating to the licensing of a home, center, or other facility for purposes of day care or residential care of children.
(4) A person for whom a national criminal history background check is required for purposes of placement of a child in a foster family home, a prospective adoptive home, or the home of a relative or other caretaker, or for purposes of a report concerning an adoption as required by IC 31-19-8.
(c) A qualified entity must submit a request under subsection (b) in the form required by the department and provide a set of the person's fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with subsection (b), the department shall submit the set of fingerprints provided with the request to the Federal Bureau of Investigation for a national criminal history background check. The department shall respond to the request in conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the Attorney General of the United States under 42 U.S.C. 5119a.
(e) Subsection (f):
(1) applies to a qualified entity that:
(A) is not a school corporation or a special education cooperative; or
(B) is a school corporation or a special education cooperative and seeks a national criminal history background check for a volunteer; and
(2) does not apply to a qualified entity that is a:
(A) home health agency licensed under IC 16-27-1;
(B) personal services agency licensed under IC 16-27-4; or
(C) health facility licensed under IC 16-28-2.
(f) After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the person who is the subject of a request has been convicted of:
(1) an offense described in IC 20-26-5-11;
(2) in the case of a foster family home, an offense described in IC 31-27-4-13(a);
(3) in the case of a prospective adoptive home, an offense described in IC 31-19-11-1(c);
(4) any other felony; or
(5) any misdemeanor;
and convey the determination to the requesting qualified entity.
(g) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative; and
(2) seeks a national criminal history background check to determine whether to employ or continue the employment of a certificated employee or a noncertificated employee of a school corporation or an equivalent position with a special education cooperative.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department may exchange identification records concerning convictions for offenses described in IC 20-26-5-11 with the school corporation or special education cooperative solely for purposes of making an employment determination. The exchange may be made only for the official use of the officials with authority to make the employment determination. The exchange is subject to the restrictions on dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).
(h) This subsection applies to a qualified entity (as defined in IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall provide a copy to the public agency. Except as permitted by federal law, the public agency may not share the information contained in the national criminal history background check with a private agency.
(i) This subsection applies to a qualified entity that is a:
(1) home health agency licensed under IC 16-27-1; or
(2) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history background check from the Federal Bureau of Investigation, the department shall make a determination whether the applicant has been convicted of an offense described in IC 16-27-2-5(a) and convey the determination to
the requesting qualified entity.
(j) This subsection applies to a qualified entity that is a health
facility licensed under IC 16-28-2. After receiving the results of a
national criminal history background check from the Federal
Bureau of Investigation, the department shall make a
determination whether the applicant has been convicted of an
offense described in IC 16-28-14.7-3 and convey the determination
to the requesting qualified entity.
(j) (k) The department:
(1) may permanently retain an applicant's fingerprints submitted
under this section; and
(2) shall retain the applicant's fingerprints separately from
fingerprints collected under section 24 of this chapter.
(1) For purposes of IC 16-27-2, the meaning set forth in IC 16-27-2-0.5.
(2) For purposes of IC 16-28-14.7, the meaning set forth in IC 16-28-14.7-1.
(1) For purposes of IC 16-27-2,
(2) For purposes of IC 16-28-14.7, the meaning set forth in IC 16-28-14.7-2.
Chapter 14.7. Criminal Background Checks of Employees
Sec. 1. As used in this chapter, "expanded criminal history check" means a criminal history check of an individual, obtained through a private agency, that includes the following:
(1) A search of the records maintained by all counties in Indiana in which the individual who is the subject of the background check resided.
(2) A search of the records maintained by all counties or similar governmental units in another state, if the individual who is the subject of the background check resided or worked
in another state.
Sec. 2. As used in this chapter, "national criminal history
background check" means the determination provided by the state
police department under IC 10-13-3-39(j).
Sec. 3. (a) A person may not operate a health facility if the
person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the person's conviction for theft
occurred less than ten (10) years before the date of submission
by the person of an application for licensure as a health
facility.
(b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
Sec. 4. (a) A person who operates a health facility shall apply,
not more than three (3) business days after the date that an
employee who will have direct contact with a patient begins
employment, for a copy of the employee's national criminal history
background check or an expanded criminal history check.
(b) A health facility may not employ a person for more than
three (3) business days without applying for a national criminal
history background check or an expanded criminal history check.
Sec. 5. (a) Except as provided in subsection (b), a person who
operates a health facility may not employ a person who has direct
contact with a patient if that person's national criminal history
background check or expanded criminal history check indicates
that the person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less
than ten (10) years before the person's employment
application date.
(6) A felony that is substantially equivalent to a felony listed
in:
(A) subdivisions (1) through (4); or
(B) subdivision (5), if the conviction for theft occurred less
than ten (10) years before the person's employment
application date;
for which the conviction was entered in another state.
(b) A health facility may not employ a person who has direct
contact with a patient for more than twenty-one (21) calendar days
without receipt of that person's national criminal history
background check or expanded criminal history check unless the
state police department, the Federal Bureau of Investigation under
IC 10-13-3-39, or the private agency providing the national
background check or expanded criminal history check is
responsible for failing to provide the person's national criminal
history background check or expanded criminal history check to
the health facility within the time required under this subsection.
Sec. 6. (a) A person who operates a health facility is responsible
for the payment of fees under IC 10-13-3-39 and other fees
required under this chapter.
(b) A health facility may require a person who applies to the
health facility for employment that involves direct contact with a
patient:
(1) to pay the cost of fees described in subsection (a) to the
health facility at the time the person submits an application
for employment; or
(2) to reimburse the health facility for the cost of fees
described in subsection (a).
Sec. 7. A person who:
(1) operates a health facility; and
(2) violates section 4 or 5 of this chapter;
commits a Class A infraction.
Sec. 8. A person (other than a person denied employment or
dismissed under this chapter or against whom a finding is made for
the registry of nurse aides under 42 CFR 483.156) who in good
faith:
(1) denies employment to an individual or dismisses an
individual from employment under this chapter;
(2) testifies or participates in an investigation or an
administrative or a judicial proceeding arising from:
(A) this chapter; or
(B) 42 CFR 483 regarding the registry of nurse aides; or
(3) makes a report to the state department or the registry of
nurse aides;
is immune from both civil and criminal liability arising from those
actions.
IC 16-19-12-1 (Concerning the state department of health).
IC 16-20-9-1 (Concerning local health departments).
IC 16-21-2-2.5 (Concerning licensure of hospitals).
IC 16-21-5-3 (Concerning licensure of hospitals).
IC 16-21-6-12 (Concerning hospital financial disclosure law).
IC 16-21-7-5 (Concerning hospitals).
IC 16-25-5-8 (Concerning hospices).
IC 16-25-6-1 (Concerning hospices).
IC 16-27-1-15 (Concerning home health agencies).
IC 16-27-2-3 (Concerning home health agencies).
IC 16-27-4-23 (Concerning home health agencies).
IC 16-28-7-5 (Concerning monitors).
IC 16-28-9-3 (Concerning monitors).
IC 16-28-9-4 (Concerning monitors).
IC 16-28-9-5 (Concerning monitors).
IC 16-28-14.7 (Concerning health facilities).
IC 16-30-5-1 (Concerning health planning).
IC 16-31-3-16 (Concerning emergency medical services).
IC 16-31-3-22 (Concerning emergency medical services).
IC 16-31-10-2 (Concerning emergency medical services).
IC 16-34-2-5 (Concerning abortion).
IC 16-34-2-6 (Concerning abortion).
IC 16-34-2-7 (Concerning abortion).
IC 16-36-4-15 (Concerning medical consent).
IC 16-36-4-16 (Concerning medical consent).
IC 16-36-5-27 (Concerning medical consent).
IC 16-36-5-28 (Concerning medical consent).
IC 16-37-1-12 (Concerning vital statistics).
IC 16-37-1-13 (Concerning vital statistics).
IC 16-37-2-2.1 (Concerning vital statistics).
IC 16-37-2-19 (Concerning vital statistics).
IC 16-37-3-16 (Concerning vital statistics).
IC 16-38-5-4 (Concerning health registries).
IC 16-39-7.1-3 (Concerning health records).
IC 16-39-7.1-6 (Concerning health records).
IC 16-41-1-3 (Concerning communicable diseases).
IC 16-41-2-9 (Concerning communicable diseases).
IC 16-41-3-3 (Concerning communicable diseases).
IC 16-41-4-3 (Concerning communicable diseases).
IC 16-41-5-3 (Concerning communicable diseases).
IC 16-41-6-3 (Concerning communicable diseases).
IC 16-41-7-5 (Concerning communicable diseases).
IC 16-41-8-1 (Concerning communicable diseases).
IC 16-41-8-3 (Concerning communicable diseases).
IC 16-41-8-5 (Concerning communicable diseases).
IC 16-41-9-1.5 (Concerning communicable diseases).
IC 16-41-10-5 (Concerning communicable diseases).
IC 16-41-10-7 (Concerning communicable diseases).
IC 16-41-12-13 (Concerning communicable diseases).
IC 16-41-12-14 (Concerning communicable diseases).
IC 16-41-12-15 (Concerning communicable diseases).
IC 16-41-13-3 (Concerning communicable diseases).
IC 16-41-13-4 (Concerning communicable diseases).
IC 16-41-13-6 (Concerning communicable diseases).
IC 16-41-14-13 (Concerning communicable diseases).
IC 16-41-14-15 (Concerning communicable diseases).
IC 16-41-14-16 (Concerning communicable diseases).
IC 16-41-14-17 (Concerning communicable diseases).
IC 16-41-14-20 (Concerning communicable diseases).
IC 16-41-15-18 (Concerning communicable diseases).
IC 16-41-16-11 (Concerning communicable diseases).
IC 16-41-18-6 (Concerning prevention and treatment programs).
IC 16-41-19-10 (Concerning prevention and treatment programs).
IC 16-41-20-13 (Concerning health, sanitation, and safety).
IC 16-41-21-18 (Concerning health, sanitation, and safety).
IC 16-41-21-19 (Concerning health, sanitation, and safety).
IC 16-41-22-21 (Concerning health, sanitation, and safety).
IC 16-41-22-22 (Concerning health, sanitation, and safety).
IC 16-41-23-4 (Concerning health, sanitation, and safety).
IC 16-41-24-11 (Concerning health, sanitation, and safety).
IC 16-41-25-2 (Concerning health, sanitation, and safety).
IC 16-41-27-34 (Concerning health, sanitation, and safety).
IC 16-41-29-5 (Concerning regulation of lodging facilities and bedding materials).
IC 16-41-32-30 (Concerning regulation of lodging facilities and bedding materials).
IC 16-41-33-9 (Concerning pest control).
IC 16-41-34-8 (Concerning pest control).
IC 16-41-35-40 (Concerning radiation).
IC 16-41-38-10 (Concerning radon gas).
IC 16-42-1-16 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-1-34 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-2-8 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-2-9 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-3-12 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-4-5 (Concerning Uniform Food, Drug, and Cosmetic Act).
IC 16-42-5-26 (Concerning sanitary requirements for food establishments).
IC 16-42-5-27 (Concerning sanitary requirements for food establishments).
IC 16-42-10-13 (Concerning food).
IC 16-42-18-7 (Concerning food).
IC 16-42-19-27 (Concerning the Indiana Legend Drug Act).
IC 16-42-21-4 (Concerning the Indiana Legend Drug Act).
IC 16-44-1-1 (Concerning product labeling and inspection).
IC 16-44-2-22 (Concerning product labeling and inspection).
IC 16-46-6-12 (Concerning state health grants and programs).
