2022 -- H 7826 SUBSTITUTE A

========

LC003699/SUB A/2

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- EMPLOYEE CRIMINAL RECORDS CHECK

     Introduced By: Representatives Edwards, Kennedy, and Diaz

     Date Introduced: March 04, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40.1-25.1-3 of the General Laws in Chapter 40.1-25.1 entitled

"Employee Criminal Records Check" is hereby amended to read as follows:

     40.1-25.1-3. Criminal records check requirement.

     (a) Any facility or program licensed by the department pursuant to § 40.1-24-1 et seq. and

any facility or program operated by the department shall require all applicants for employment, if

that employment involves routine contact with patients, residents, or clients without the presence

of other employees, to apply to the bureau of criminal identification of the state police or the local

police department or, for organizations employing two hundred fifty (250) or more employees only,

the office of the attorney general for a nationwide criminal records check. The check will conform

to the applicable state and federal standards, including the taking of fingerprints of the applicant.

Fingerprints shall be initially submitted to the office of the attorney general for a check of state

records and thereafter forwarded to the Federal Bureau of Investigation ("FBI") for a national

criminal history check. The criminal records checks as required by this section shall be conducted

for every five (5) years of continuous employment from the date of the previous criminal

background check.

     (b) If any disqualifying information is discovered with respect to the applicant, the bureau

of criminal identification of the state police or the local police department or the office of attorney

general will inform the employer, in writing, without disclosing the nature of the disqualifying

information, that an item of disqualifying nature has been discovered. In addition, the bureau of

criminal identification of the state police or the local police department or the office of attorney

general will inform the applicant, in writing, of the nature of the disqualifying information. An

applicant against whom disqualifying information has been found may request that a copy of the

criminal background report be sent to the employer who shall make a judgment regarding the

employment of the applicant. The results of the national criminal records check shall be made

available to the applicant undergoing a record check and submitting fingerprints.

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

criminal identification of the state police or the local police department or the office of the attorney

general shall inform both the applicant and the employer of this fact.

     (d) The employer will maintain on file, subject to investigation by the department, evidence

that criminal records checks in accordance with this statute have been initiated on all employees

seeking employment after August 1, 2001, and the results of the checks. Failure to maintain the

evidence on file will be prima facie grounds to revoke the license or certification of the operator of

any facility or program licensed or certified by the department.

     (e) It shall be the responsibility of the bureau of criminal identification of the state police

or the local police department or the office of the attorney general to conduct the national criminal

records check for the applicant. Any expense associated with obtaining the criminal records check

required pursuant to subsection (a) of this section with respect to organizations employing two

hundred fifty (250) or more employees, including the taking of fingerprints of the applicant, shall

be paid by the organization requiring the criminal records check.

     SECTION 2. This act shall take effect upon passage.

========

LC003699/SUB A/2

========

LC003699/SUB A/2 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- EMPLOYEE CRIMINAL RECORDS CHECK

***

     This act would require any organization licensed by the department of behavioral

healthcare, developmental disabilities and hospitals with 250 or more employees to have

background checks conducted by the attorney general's office and require checks every fifth (5th)

year of continuous employment.

     This act would take effect upon passage.

========

LC003699/SUB A/2

========

LC003699/SUB A/2 - Page 3 of 3