HB1976 Modifies the statutes relating to the qualification and disqualification of employees of the Department of Mental Health and Division of Aging.
Sponsor: Selby, Harold R. (105) Effective Date:00/00/0000
CoSponsor: LR Number: 4207L.02I
Last Action: COMMITTEE: SOCIAL SERVICES, MEDICAID AND THE ELDERLY
03/29/2000 - Executive Session Held (H)
HCS VOTED DO PASS
HB1976
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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BILL SUMMARIES BILL TEXT
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Available Bill Summaries for HB1976 Copyright(c)
* Introduced

Available Bill Text for HB1976
* Introduced *

BILL SUMMARIES

INTRODUCED

HB 1976 -- Disqualification from Mental Health Facility
Employment

Sponsor:  Selby

Currently, persons convicted of the crime of patient, resident,
or client abuse or neglect or of the crime of furnishing unfit
food to patients, residents, or clients are disqualified from
employment in any public or private facility or day program
operated, licensed, or funded by the Department of Mental Health
or in any mental health facility or program in which persons are
admitted or civilly detained for psychiatric treatment.  This
bill also disqualifies anyone listed on the department's
"disqualified registry," anyone listed on the Division of
Aging's employee disqualification list (EDL), and anyone who
pleads guilty or nolo contendere to, or receives a suspended
imposition of sentence (SIS) or suspended execution of sentence
(SES) for patient, resident, or client abuse or neglect or for
furnishing unfit food to patients, residents, or clients.

Current law disqualifies those who have been convicted of
offenses against persons, sexual offenses, child abuse, robbery,
arson, or endangering the welfare of a child from holding any
direct-care position in any public or private facility, day
program, residential facility, or specialized service operated,
funded, or licensed by the department or any mental health
facility or program in which persons are admitted voluntarily or
are civilly detained for psychiatric services.  The bill expands
the disqualification to include persons who plead guilty or nolo
contendere to, or who receive an SIS or SES for any of these
offenses, and adds as disqualifying offenses the following:
incest, pharmacy robbery, causing a catastrophe, burglary, abuse
or neglect of a nursing home resident, and failing to report
suspected abuse of a patient in a facility or program operated,
funded, or licensed by the department.

Current law specifies that the appeal rights provided for
persons disqualified from employment with the department do not
apply to those persons convicted of certain offenses; the bill
specifies  the commission of additional offenses or being listed
on the EDL as additional criteria for not authorizing employment
disqualification appeal rights.

The bill also:

(1)  Requires applicants for any direct care position in any
public or private facility, day program, residential facility,
or specialized service operated, funded, or licensed by the
department to sign a consent form authorizing a criminal records
review; to disclose any criminal history, as defined in the
bill; and to disclose any listing on the department's
disqualified registry or the EDL;

(2)  Requires facilities and programs to request a criminal
background check and to inquire about whether a person is listed
on the department's disqualified registry or the EDL within 2
working days of hiring a person for a position involving client
or resident contact;

(3)  Requires the department to maintain a disqualified
registry, listing anyone finally determined by the department to
be disqualified from employment;

(4)  Prohibits anyone listed on the department's disqualified
registry from holding any position in any public or private
facility or day program operated, licensed, or funded by the
department or in any mental health facility or program in which
persons are admitted or civilly detained for psychiatric
services; and

(5)  Removes from the definition of "provider" in the statutes
pertaining to protective services for adults administered by the
Department of Social Services the reference to facilities, day
programs, or services operated, funded, or licensed by the
department.


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