Amendment No. 358

Assembly Amendment to Assembly Bill No. 573 (BDR 40-1539)

Proposed by: Committee on Health and Human Services

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:

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

449.179 1. Except as otherwise provided in subsection [4,] 2, within 10 days after hiring an employee [,] or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall:

(a) Obtain a written statement from the employee or independent contractor stating whether he has been convicted of any crime listed in NRS 449.188;

(b) Obtain [a verbal] an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

(c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

(d) Submit to the central repository for Nevada records of criminal history the fingerprints obtained pursuant to paragraph (c).

2. The administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his criminal history has been conducted by the central repository for Nevada records of criminal history within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in NRS 449.188.

3. The administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall ensure that the criminal history of each employee or independent contractor who works at the agency or facility is investigated at least once every 5 years. The administrator or person shall:

(a) If the agency or facility does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

(b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

(c) Submit the fingerprints to the central repository for Nevada records of criminal history.

4. Upon receiving fingerprints submitted pursuant to this section, the central repository for Nevada records of criminal history shall determine whether the employee or independent contractor has been convicted of a crime listed in NRS 449.188 and immediately inform the health division [,] and the administrator of, [and] or the person licensed to operate, the agency or facility at which the person [is employed of whether or not] works whether the employee or independent contractor has been convicted of such a crime.

[3.] 5. The central repository for Nevada records of criminal history may impose a fee upon an agency or a facility that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency or facility may recover from the employee or independent contractor not more than one-half of the fee imposed by the central repository. If the agency or facility requires the employee or independent contractor to pay for any part of the fee imposed by the central repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

[4. The provisions of this section do not apply to an employee who has undergone an investigation of his criminal background as a condition to receiving a professional license in this state.]

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

449.182 Each agency to provide nursing in the home, facility for intermediate care, facility for skilled nursing and residential facility for groups shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to NRS 449.179, and shall maintain a copy of the fingerprints submitted to the central repository for Nevada records of criminal history and proof that it submitted two sets of fingerprints to the central repository for its report. These records must be made available for inspection by the health division at any reasonable time and copies thereof must be furnished to the health division upon request.

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

449.185 1. Upon receiving information from the central repository for Nevada records of criminal history pursuant to NRS 449.179, or evidence from any other source, that [a person who is employed at] an employee or independent contractor of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the person licensed to operate, the agency or facility shall terminate the employment or contract of that person after allowing him time to correct the information as required pursuant to subsection 2.

2. If an employee or independent contractor believes that the information provided by the central repository is incorrect, he may immediately inform the agency or facility. An agency or facility that is so informed shall give [an] the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the central repository before terminating the employment or contract of the person pursuant to subsection 1.

3. An agency or facility that has complied with NRS 449.179 may not be held civilly or criminally liable based solely upon the ground that the agency or facility allowed an employee or independent contractor to work:

(a) Before it received the information concerning the employee or independent contractor from the central repository;

(b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct [such] that information;

(c) Based on the information received from the central repository, if the information received from the central repository was inaccurate; or

(d) Any combination thereof.

An agency or facility may be held liable for any other conduct determined to be negligent or unlawful.

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

449.188 1. In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:

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

(1) Murder, voluntary manslaughter or mayhem;

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

(3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

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

(5) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

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

(7) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

[(7)] (8) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

(b) The licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a).

2. In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

Sec. 5. Each employee or independent contractor of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups who:

1. Is working at such an agency or facility on July 1, 1999, shall, not later than July 15, 1999, submit to the administrator of, or the person licensed to operate, that agency or facility a statement, signed under penalty of perjury, that indicates whether the person has been convicted of a violation of any provision of NRS 200.5099 or 200.50955. The statement must include the date and place of each such conviction.

2. Begins work at such an agency or facility after July 1, 1999, but before January 1, 2000, and has had an investigation of his criminal history conducted by the central repository for Nevada records of criminal history within the immediately preceding 6 months, shall, not later than 10 days after he begins work at the agency or facility, submit the statement required by subsection 1 to the administrator of, or the person licensed to operate, that agency or facility.

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

Amend the title of the bill to read as follows:

"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; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Revises provisions governing criminal histories of employees and independent contractors of certain health care facilities. (BDR 40-1539)".