2019 -- S 0441

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LC001984

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH -- ADULT DAY

CARE PROGRAM LICENSURE

     

     Introduced By: Senator Sandra Cano

     Date Introduced: February 27, 2019

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-1-52 of the General Laws in Chapter 23-1 entitled "Department

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of Health" is hereby amended to read as follows:

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     23-1-52. Adult day care program licensure.

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     (a) The director is authorized and directed to establish a program for the licensure of

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adult day care programs. "Adult day care program" shall mean a comprehensive, nonresidential

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program designed to address the biological, psychological, and social needs of adults through

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individual plans of care that incorporate, as needed, a variety of health, social, and related support

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services in a protective setting. The director is further authorized to promulgate regulations as he

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or she deems necessary to implement these provisions. ; provided that, the director shall

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promulgate no regulation that discriminates against or gives preference to the number of and/or

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the percentage of adult participants receiving adult day care services based upon their age or age

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group.

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     (b) Any person seeking employment in any adult day care facility licensed herein and

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having routine contact with an adult day care client, or having access to such a client's belongings

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or funds, shall undergo a national criminal records check that shall include fingerprints submitted

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to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the

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department of attorney general. The national criminal records check shall be processed prior to,

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or within one week of, employment. All persons who, as of September 30, 2014, are already

 

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employed by an adult day care facility and all persons who, as of such date, already provide

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services under this section shall be exempted from the requirements of this section for purposes

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of their current employment only.

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     (1) The director may, by rule, identify those positions requiring national criminal records

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checks. The employee, through the employer, shall apply to the bureau of criminal identification

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of the department of attorney general for a national criminal records check. Upon the discovery of

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any disqualifying information as defined in § 23-1-52(c), and in accordance with rules

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promulgated by the director, the bureau of criminal identification of the department of attorney

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general shall inform the applicant, in writing, of the nature of the disqualifying information; and,

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without disclosing the nature of the disqualifying information, shall notify the employer, in

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writing, that disqualifying information has been discovered.

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     (2) An employee against whom disqualifying information has been found may provide a

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copy of the national criminal records check to the employer. The employer shall make a judgment

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regarding the continued employment of the employee.

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     (3) In those situations in which no disqualifying information has been found, the bureau

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of criminal identification of the department of attorney general shall inform the applicant and the

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employer, in writing, of this fact.

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     (4) The employer shall maintain on file, subject to inspection by the department of health,

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evidence that statewide criminal records checks have been initiated on all employees seeking

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employment between January 1, 2008, and September 30, 2014, and the results of the checks. The

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employer shall maintain on file, subject to inspection by the department, evidence that national

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criminal records checks have been initiated on all employees seeking employment on or after

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October 1, 2014, and the results of those checks. Failure to maintain that evidence may be

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grounds to revoke the license or registration of the employer.

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     (5) The employee shall be responsible for the cost of conducting the national criminal

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records check through the bureau of criminal identification of the department of attorney general.

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     (c) Information produced by a national criminal records check pertaining to conviction

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for the following crimes will result in a letter to the employee and employer disqualifying the

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applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first-

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degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on

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persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder,

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robbery, rape, burglary, or the abominable and detestable crimes against nature), felony assault,

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patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony

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drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse,

 

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neglect and/or exploitation of adults with severe impairments, exploitation of elders, felony

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larceny, or felony banking law violations, or a crime under section 1128(a) of the Social Security

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Act (42 U.S.C. § 1320a-7(a)). An employee against whom disqualifying information has been

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found may provide a copy of the national criminal records check to the employer who shall make

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a judgment regarding the continued employment of the employee. For purposes of this

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subsection, "conviction" means, in addition to judgments of conviction entered by a court

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subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has

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entered a plea of nolo contendere and has received a sentence of probation and those instances

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where a defendant has entered into a deferred sentence agreement with the attorney general.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH -- ADULT DAY

CARE PROGRAM LICENSURE

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     This act would prevent the director of health from promulgating any regulation in the

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adult day care program licensure process discriminating against or giving preference to the

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number of and/or percentage of adult participants receiving adult day care services based upon

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their age or age group.

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     This act would take effect upon passage.

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