2020 -- S 2745 | |
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LC004895 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH -- ADULT DAY | |
CARE PROGRAM LICENSURE | |
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Introduced By: Senator Sandra Cano | |
Date Introduced: March 04, 2020 | |
Referred To: Senate Health & Human Services | |
(by request) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 23-1-52 of the General Laws in Chapter 23-1 entitled "Department |
2 | of Health" is hereby amended to read as follows: |
3 | 23-1-52. Adult day care program licensure. |
4 | (a) The director is authorized and directed to establish a program for the licensure of adult |
5 | day care programs. "Adult day care program" shall mean a comprehensive, nonresidential program |
6 | designed to address the biological, psychological, and social needs of adults through individual |
7 | plans of care that incorporate, as needed, a variety of health, social, and related support services in |
8 | a protective setting. The director is further authorized to promulgate regulations as he or she deems |
9 | necessary to implement these provisions. ; provided that, the director shall not promulgate any |
10 | regulation that discriminates against or gives preference to the number of and/or the percentage of |
11 | adult participants receiving adult day care services based upon their age or age group. |
12 | (b) Any person seeking employment in any adult day care facility licensed herein and |
13 | having routine contact with an adult day care client, or having access to such a client's belongings |
14 | or funds, shall undergo a national criminal records check that shall include fingerprints submitted |
15 | to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the |
16 | department of attorney general. The national criminal records check shall be processed prior to, or |
17 | within one week of, employment. All persons who, as of September 30, 2014, are already |
18 | employed by an adult day care facility and all persons who, as of such date, already provide |
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1 | services under this section shall be exempted from the requirements of this section for purposes of |
2 | their current employment only. |
3 | (1) The director may, by rule, identify those positions requiring national criminal records |
4 | checks. The employee, through the employer, shall apply to the bureau of criminal identification |
5 | of the department of attorney general for a national criminal records check. Upon the discovery of |
6 | any disqualifying information as defined in § 23-1-52(c), and in accordance with rules promulgated |
7 | by the director, the bureau of criminal identification of the department of attorney general shall |
8 | inform the applicant, in writing, of the nature of the disqualifying information; and, without |
9 | disclosing the nature of the disqualifying information, shall notify the employer, in writing, that |
10 | disqualifying information has been discovered. |
11 | (2) An employee against whom disqualifying information has been found may provide a |
12 | copy of the national criminal records check to the employer. The employer shall make a judgment |
13 | regarding the continued employment of the employee. |
14 | (3) In those situations in which no disqualifying information has been found, the bureau of |
15 | criminal identification of the department of attorney general shall inform the applicant and the |
16 | employer, in writing, of this fact. |
17 | (4) The employer shall maintain on file, subject to inspection by the department of health, |
18 | evidence that statewide criminal records checks have been initiated on all employees seeking |
19 | employment between January 1, 2008, and September 30, 2014, and the results of the checks. The |
20 | employer shall maintain on file, subject to inspection by the department, evidence that national |
21 | criminal records checks have been initiated on all employees seeking employment on or after |
22 | October 1, 2014, and the results of those checks. Failure to maintain that evidence may be grounds |
23 | to revoke the license or registration of the employer. |
24 | (5) The employee shall be responsible for the cost of conducting the national criminal |
25 | records check through the bureau of criminal identification of the department of attorney general. |
26 | (c) Information produced by a national criminal records check pertaining to conviction for |
27 | the following crimes will result in a letter to the employee and employer disqualifying the applicant |
28 | from employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual |
29 | assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) |
30 | years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, |
31 | burglary, or the abominable and detestable crimes against nature), felony assault, patient abuse, |
32 | neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, |
33 | felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or |
34 | exploitation of adults with severe impairments, exploitation of elders, felony larceny, or felony |
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1 | banking law violations, or a crime under section 1128(a) of the Social Security Act (42 U.S.C. § |
2 | 1320a-7(a)). An employee against whom disqualifying information has been found may provide a |
3 | copy of the national criminal records check to the employer who shall make a judgment regarding |
4 | the continued employment of the employee. For purposes of this subsection, "conviction" means, |
5 | in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea |
6 | of guilty, those instances where the defendant has entered a plea of nolo contendere and has |
7 | received a sentence of probation and those instances where a defendant has entered into a deferred |
8 | sentence agreement with the attorney general. |
9 | 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 | |
*** | |
1 | This act would prevent the director of health from promulgating any regulation in the adult |
2 | day care program licensure process discriminating against or giving preference to the number of |
3 | and/or percentage of adult participants receiving adult day care services based upon their age or |
4 | age group. |
5 | This act would take effect upon passage. |
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