Assembly Bill No. 573–Assemblymen Humke and Freeman

March 15, 1999

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Referred to Committee on Health and Human Services

 

SUMMARY—Revises provisions relating to employment of certain persons in certain medical and related facilities. (BDR 40-1539)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to personal care facilities; revising the provisions relating to the employment of certain persons in certain medical and related facilities; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 449.179 is hereby amended to read as follows:

1-2 449.179 1. Except as otherwise provided in subsection 4, within 10

1-3 days after hiring an employee, the administrator of, or the person licensed

1-4 to operate, an agency to provide nursing in the home, a facility for

1-5 intermediate care, a facility for skilled nursing or a residential facility for

1-6 groups shall:

1-7 (a) Obtain a written statement from the employee stating whether he

1-8 [has] :

1-9 (1) Has been convicted of any crime listed in subparagraphs (1) to

1-10 (4), inclusive, of paragraph (a) of subsection 1 of NRS 449.188; or

1-11 (2) Has been convicted of a crime listed in subparagraphs (5), (6)

1-12 and (7) of paragraph (a) of subsection 1 of NRS 449.188, within the

1-13 immediately preceding 3 years;

1-14 (b) Obtain [a verbal] an oral and written confirmation of the

1-15 information contained in the written statement obtained pursuant to

1-16 paragraph (a);

1-17 (c) Obtain from the employee two sets of fingerprints and a written

1-18 authorization to forward the fingerprints to the central repository for

2-1 Nevada records of criminal history for submission to the Federal Bureau of

2-2 Investigation for its report; and

2-3 (d) Submit to the central repository for Nevada records of criminal

2-4 history the fingerprints obtained pursuant to paragraph (c).

2-5 2. The central repository for Nevada records of criminal history shall

2-6 determine whether the employee [has] :

2-7 (a) Has been convicted of a crime listed in subparagraphs (1) to (4),

2-8 inclusive, of paragraph (a) of subsection 1 of NRS 449.188 ; or

2-9 (b) Has been convicted of a crime listed in subparagraphs (5), (6) and

2-10 (7) of paragraph (a) of subsection 1 of NRS 449.188 within the

2-11 immediately preceding 3 years,

2-12 and immediately inform the health division, the administrator of, and the

2-13 person licensed to operate, the agency or facility at which the person is

2-14 employed of whether or not the employee has been convicted of such a

2-15 crime.

2-16 3. The central repository for Nevada records of criminal history may

2-17 impose a fee upon an agency or a facility that submits fingerprints pursuant

2-18 to this section for the reasonable cost of the investigation. The agency or

2-19 facility may recover from the employee not more than one-half of the fee

2-20 imposed by the central repository. If the agency or facility requires the

2-21 employee to pay for any part of the fee imposed by the central repository,

2-22 it shall allow the employee to pay the amount through periodic payments.

2-23 4. The provisions of this section do not apply to an employee who has

2-24 undergone an investigation of his criminal background as a condition to

2-25 receiving a professional license in this state.

2-26 Sec. 2. NRS 449.185 is hereby amended to read as follows:

2-27 449.185 1. Upon receiving information from the central repository

2-28 for Nevada records of criminal history pursuant to NRS 449.179, or

2-29 evidence from any other source, that a person who is employed at an

2-30 agency to provide nursing in the home, a facility for intermediate care, a

2-31 facility for skilled nursing or a residential facility for groups has been

2-32 convicted of a crime listed in subparagraphs (1) to (4), inclusive, of

2-33 paragraph (a) of subsection 1 of NRS 449.188, or has been convicted of a

2-34 crime listed in subparagraphs (5), (6) and (7) of paragraph (a) of

2-35 subsection 1 of NRS 449.188 within the immediately preceding 3 years,

2-36 the administrator of, or the person licensed to operate, the agency or

2-37 facility shall terminate the employment of that person after allowing him

2-38 time to correct the information as required pursuant to subsection 2.

2-39 2. If an employee believes that the information provided by the central

2-40 repository is incorrect, he may immediately inform the agency or facility.

2-41 An agency or facility that is so informed shall give an employee a

2-42 reasonable amount of time of not less than 30 days to correct the

3-1 information received from the central repository before terminating the

3-2 employment of the person pursuant to subsection 1.

3-3 3. An agency or facility that has complied with NRS 449.179 may not

3-4 be held civilly or criminally liable based solely upon the ground that the

3-5 agency or facility allowed an employee to work:

3-6 (a) Before it received the information concerning the employee from

3-7 the central repository;

3-8 (b) During any period required pursuant to subsection 2 to allow the

3-9 employee to correct such information;

3-10 (c) Based on the information received from the central repository, if the

3-11 information received from the central repository was inaccurate; or

3-12 (d) Any combination thereof.

3-13 An agency or facility may be held liable for any other conduct determined

3-14 to be negligent or unlawful.

3-15 Sec. 3. NRS 449.188 is hereby amended to read as follows:

3-16 449.188 1. In addition to the grounds listed in NRS 449.160, the

3-17 health division may deny a license to operate a facility for intermediate

3-18 care, facility for skilled nursing or residential facility for groups to an

3-19 applicant or may suspend or revoke the license of a licensee to operate

3-20 such a facility if:

3-21 (a) The applicant or licensee has been convicted of:

3-22 (1) Murder, voluntary manslaughter or mayhem;

3-23 (2) Assault with intent to kill or to commit sexual assault or mayhem;

3-24 (3) Sexual assault, statutory sexual seduction, incest, lewdness,

3-25 indecent exposure or any other sexually related crime;

3-26 (4) Abuse or neglect of a child or contributory delinquency;

3-27 (5) A violation of any federal or state law regulating the possession,

3-28 distribution or use of any controlled substance or any dangerous drug as

3-29 defined in chapter 454 of NRS, within the past 7 years;

3-30 (6) Any offense involving fraud, theft, embezzlement, burglary,

3-31 robbery, fraudulent conversion or misappropriation of property, within the

3-32 immediately preceding 7 years; or

3-33 (7) Any other felony involving the use of a firearm or other deadly

3-34 weapon, within the immediately preceding 7 years; or

3-35 (b) The licensee has continued to employ a person [who] :

3-36 (1) Who has been convicted of a crime listed in subparagraphs (1) to

3-37 (4), inclusive, of paragraph (a) [.] ; or

3-38 (2) Who has been convicted of a crime listed in subparagraphs (5),

3-39 (6) and (7) of paragraph (a) within the immediately preceding 3 years.

3-40 2. In addition to the grounds listed in NRS 449.160, the health division

3-41 may deny a license to operate an agency to provide nursing in the home to

3-42 an applicant or may suspend or revoke the license of a licensee to operate

3-43 such an agency if the licensee has continued to employ a person [who] :

4-1 (a) Who has been convicted of a crime listed in subparagraphs (1) to

4-2 (4), inclusive, of paragraph (a) of subsection 1 [.] ; or

4-3 (b) Who has been convicted of a crime listed in subparagraphs (5), (6)

4-4 and (7) of paragraph (a) of subsection 1 within the immediately

4-5 preceding 3 years.

4-6 Sec. 4. This act becomes effective on July 1, 1999.

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