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 governing criminal histories of employees and independent contractors of certain health care 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 health care facilities; requiring the periodic investigation of the criminal histories of employees and independent contractors of certain health care facilities; authorizing the retention of certain employees with criminal histories under certain circumstances; 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,] 2, within

1-3 10 days after hiring an employee [,] or entering into a contract with an

1-4 independent contractor, the administrator of, or the person licensed to

1-5 operate, an agency to provide nursing in the home, a facility for

1-6 intermediate care, a facility for skilled nursing or a residential facility for

1-7 groups shall:

1-8 (a) Obtain a written statement from the employee or independent

1-9 contractor stating whether he has been convicted of any crime listed in

1-10 NRS 449.188;

1-11 (b) Obtain [a verbal] an oral and written confirmation of the

1-12 information contained in the written statement obtained pursuant to

1-13 paragraph (a);

1-14 (c) Obtain from the employee or independent contractor two sets of

1-15 fingerprints and a written authorization to forward the fingerprints to the

1-16 central repository for Nevada records of criminal history for submission to

1-17 the Federal Bureau of Investigation for its report; and

2-1 (d) Submit to the central repository for Nevada records of criminal

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

2-3 2. The administrator of, or the person licensed to operate, an agency

2-4 to provide nursing in the home, a facility for intermediate care, a facility

2-5 for skilled nursing or a residential facility for groups is not required to

2-6 obtain the information described in subsection 1 from an employee or

2-7 independent contractor who provides proof that an investigation of his

2-8 criminal history has been conducted by the central repository for Nevada

2-9 records of criminal history within the immediately preceding 6 months

2-10 and the investigation did not indicate that the employee or independent

2-11 contractor had been convicted of any crime set forth in NRS 449.188.

2-12 3. The administrator of, or the person licensed to operate, an agency

2-13 to provide nursing in the home, a facility for intermediate care, a facility

2-14 for skilled nursing or a residential facility for groups shall ensure that

2-15 the criminal history of each employee or independent contractor who

2-16 works at the agency or facility is investigated at least once every 5 years.

2-17 The administrator or person shall:

2-18 (a) If the agency or facility does not have the fingerprints of the

2-19 employee or independent contractor on file, obtain two sets of

2-20 fingerprints from the employee or independent contractor;

2-21 (b) Obtain written authorization from the employee or independent

2-22 contractor to forward the fingerprints on file or obtained pursuant to

2-23 paragraph (a) to the central repository for Nevada records of criminal

2-24 history for submission to the Federal Bureau of Investigation for its

2-25 report; and

2-26 (c) Submit the fingerprints to the central repository for Nevada

2-27 records of criminal history.

2-28 4. Upon receiving fingerprints submitted pursuant to this section, the

2-29 central repository for Nevada records of criminal history shall determine

2-30 whether the employee or independent contractor has been convicted of a

2-31 crime listed in NRS 449.188 and immediately inform the health division [,]

2-32 and the administrator of, [and] or the person licensed to operate, the

2-33 agency or facility at which the person [is employed of whether or not]

2-34 works whether the employee or independent contractor has been

2-35 convicted of such a crime.

2-36 [3.] 5. The central repository for Nevada records of criminal history

2-37 may impose a fee upon an agency or a facility that submits fingerprints

2-38 pursuant to this section for the reasonable cost of the investigation. The

2-39 agency or facility may recover from the employee or independent

2-40 contractor not more than one-half of the fee imposed by the central

2-41 repository. If the agency or facility requires the employee or independent

3-1 contractor to pay for any part of the fee imposed by the central repository,

3-2 it shall allow the employee or independent contractor to pay the amount

3-3 through periodic payments.

3-4 [4. The provisions of this section do not apply to an employee who has

3-5 undergone an investigation of his criminal background as a condition to

3-6 receiving a professional license in this state.]

3-7 Sec. 2. NRS 449.182 is hereby amended to read as follows:

3-8 449.182 Each agency to provide nursing in the home, facility for

3-9 intermediate care, facility for skilled nursing and residential facility for

3-10 groups shall maintain accurate records of the information concerning its

3-11 employees and independent contractors collected pursuant to NRS

3-12 449.179, and shall maintain a copy of the fingerprints submitted to the

3-13 central repository for Nevada records of criminal history and proof that it

3-14 submitted two sets of fingerprints to the central repository for its report.

3-15 These records must be made available for inspection by the health division

3-16 at any reasonable time and copies thereof must be furnished to the health

3-17 division upon request.

3-18 Sec. 3. NRS 449.185 is hereby amended to read as follows:

3-19 449.185 1. Upon receiving information from the central repository

3-20 for Nevada records of criminal history pursuant to NRS 449.179, or

3-21 evidence from any other source, that [a person who is employed at] an

3-22 employee or independent contractor of an agency to provide nursing in the

3-23 home, a facility for intermediate care, a facility for skilled nursing or a

3-24 residential facility for groups has been convicted of a crime listed in

3-25 paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the

3-26 person licensed to operate, the agency or facility shall , except as otherwise

3-27 provided in subsection 4, terminate the employment or contract of that

3-28 person after allowing him time to correct the information as required

3-29 pursuant to subsection 2.

3-30 2. If an employee or independent contractor believes that the

3-31 information provided by the central repository is incorrect, he may

3-32 immediately inform the agency or facility. An agency or facility that is so

3-33 informed shall give [an] the employee or independent contractor a

3-34 reasonable amount of time of not less than 30 days to correct the

3-35 information received from the central repository before terminating the

3-36 employment or contract of the person pursuant to subsection 1.

3-37 3. An agency or facility that has complied with NRS 449.179 may not

3-38 be held civilly or criminally liable based solely upon the ground that the

3-39 agency or facility allowed an employee or independent contractor to work:

3-40 (a) Before it received the information concerning the employee or

3-41 independent contractor from the central repository;

3-42 (b) During any period required pursuant to subsection 2 to allow the

3-43 employee or independent contractor to correct [such] that information;

4-1 (c) Based on the information received from the central repository, if the

4-2 information received from the central repository was inaccurate; or

4-3 (d) Any combination thereof.

4-4 An agency or facility may be held liable for any other conduct determined

4-5 to be negligent or unlawful.

4-6 4. The administrator of, or the person licensed to operate, the agency

4-7 or facility is not required to terminate the employment or contract of a

4-8 convicted person pursuant to subsection 1 if:

4-9 (a) The convicted person holds a license or certificate issued by the

4-10 state board of nursing; and

4-11 (b) The state board of nursing was knowledgeable of the convicting at

4-12 the time the license or certificate was issued or renewed.

4-13 Sec. 4. NRS 449.188 is hereby amended to read as follows:

4-14 449.188 1. In addition to the grounds listed in NRS 449.160, the

4-15 health division may deny a license to operate a facility for intermediate

4-16 care, facility for skilled nursing or residential facility for groups to an

4-17 applicant or may suspend or revoke the license of a licensee to operate such

4-18 a facility if:

4-19 (a) The applicant or licensee has been convicted of:

4-20 (1) Murder, voluntary manslaughter or mayhem;

4-21 (2) Assault with intent to kill or to commit sexual assault or mayhem;

4-22 (3) Sexual assault, statutory sexual seduction, incest, lewdness,

4-23 indecent exposure or any other sexually related crime;

4-24 (4) Abuse or neglect of a child or contributory delinquency;

4-25 (5) A violation of any federal or state law regulating the possession,

4-26 distribution or use of any controlled substance or any dangerous drug as

4-27 defined in chapter 454 of NRS, within the past 7 years;

4-28 (6) A violation of any provision of NRS 200.5099 or 200.50955;

4-29 (7) Any offense involving fraud, theft, embezzlement, burglary,

4-30 robbery, fraudulent conversion or misappropriation of property, within the

4-31 immediately preceding 7 years; or

4-32 [(7)] (8) Any other felony involving the use of a firearm or other

4-33 deadly weapon, within the immediately preceding 7 years; or

4-34 (b) The licensee has , except as otherwise provided in subsection 4 of

4-35 NRS 449.185, continued to employ a person who has been convicted of a

4-36 crime listed in paragraph (a).

4-37 2. In addition to the grounds listed in NRS 449.160, the health division

4-38 may deny a license to operate an agency to provide nursing in the home to

4-39 an applicant or may suspend or revoke the license of a licensee to operate

4-40 such an agency if , except as otherwise provided in subsection 4 of NRS

4-41 449.185, the licensee has continued to employ a person who has been

4-42 convicted of a crime listed in paragraph (a) of subsection 1.

5-1 Sec. 5. Each employee or independent contractor of an agency to

5-2 provide nursing in the home, a facility for intermediate care, a facility for

5-3 skilled nursing or a residential facility for groups who:

5-4 1. Is working at such an agency or facility on July 1, 1999, shall, not

5-5 later than July 15, 1999, submit to the administrator of, or the person

5-6 licensed to operate, that agency or facility a statement, signed under penalty

5-7 of perjury, that indicates whether the person has been convicted of a

5-8 violation of any provision of NRS 200.50955 or 200.5099. The statement

5-9 must include the date and place of each such conviction.

5-10 2. Begins work at such an agency or facility after July 1, 1999, but

5-11 before January 1, 2000, and has had an investigation of his criminal history

5-12 conducted by the central repository for Nevada records of criminal history

5-13 within the immediately preceding 6 months, shall, not later than 10 days

5-14 after he begins work at the agency or facility, submit the statement required

5-15 by subsection 1 to the administrator of, or the person licensed to operate,

5-16 that agency or facility.

5-17 Sec. 6. This act becomes effective on July 1, 1999.

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