GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 1014

Short Title:  Nursing/Rest Home Emp. Checks.	(Public)

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Sponsors: Senators Cooper and Cochrane.

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Referred to:  Judiciary I/Constitution

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May 4, 1995

A BILL TO BE ENTITLED
AN ACT REQUIRING CRIMINAL HISTORY RECORDS CHECKS OF UNLICENSED APPLICANTS FOR EMPLOYMENT IN NURSING HOMES AND DOMICILIARY HOMES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 114-19.3 reads as rewritten:
"§ 114-19.3.  Criminal record checks of personnel of hospitals and area mental health, developmental disabilities, and substance abuse authorities and their contract agencies.
The Department of Justice may provide a criminal record check to a hospital licensed under Chapter 131E of the General Statutes and to a hospital or an area mental health, developmental disabilities, and substance abuse authority licensed under Chapter 122C of the General Statutes, including a contract agency of an area authority that is subject to the provisions of Article 4 of Chapter 122C of the General Statutes, of an individual who is employed by the hospital, area authority, or contract agency or of an individual who has applied for employment with the hospital, area authority, or contract agency if the employee or applicant consents to the record check.  The information shall be kept confidential by the hospital, area authority, or contract agency that received the information.  Upon the disclosure of confidential information under this section by a hospital, area authority, or contract agency, the Department may refuse to provide further criminal record checks to the hospital, area authority, or contract agency.  The Department shall charge a fee of ten dollars ($10.00) for conducting a criminal record check under this section."
Sec. 2.  Article 4 of Chapter 114 is amended by adding a new section to read:
"§ 114-19.4.  Criminal history record checks of certain applicants for employment at nursing homes and domiciliary homes.
(a)	Definitions.  As used this section:
(1)	'Criminal history' means a county or State history of conviction of a crime, whether a misdemeanor or felony, that bears upon a covered person's fitness to have responsibility for the safety and well-being of aged or disabled persons included among these listed sections of Chapter 14 of the General Statutes:
a.	All sections of Articles 5, 5A, 6, 7, 7A, 8, 10, 13, 14, 15, 16, 17, 18, 19, 19A, 19B, 20, 21, 26, 27, 35, 36A, 39, 40, and 60 of the General Statutes;
b.	G.S. 14-444.
c.	G.S. 18B-302.
d.	G.S. 20-138.1.
e.	G.S. 20-138.2.
f.	G.S. 20-138.3.
g.	G.S. 20-138.4.
h.	G.S. 20-138.5.
i.	All sections of Article 5 of Chapter 90 of the General Statutes.
(2)	'Covered person' means an individual who is an applicant for employment with a covered entity for a position that does not require the applicant to be licensed by a licensing board of this State.
(3)	'Covered entity' means a domiciliary home licensed under Chapter 131D of the General Statutes or a nursing home licensed under Chapter 131E of the General Statutes.
(b)	The Department of Justice may provide a criminal history records check of a covered person to a covered entity.  A criminal history records check conducted pursuant to this section may be obtained by using as identifying information the fingerprints or the name of the covered person.  Before the records check may be conducted, the covered person must sign a form consenting to the criminal history records check and the use of identifying information.  For a records check using fingerprints, the covered person shall be fingerprinted by local law enforcement authorities.  The covered entity shall forward the covered person's identifying information to the State Bureau of Investigation for processing.
(c)	All releases of criminal history information to a covered entity shall be subject to, and in compliance with, rules governing the dissemination of criminal history records checks as adopted by the North Carolina Division of Criminal Information.  All the information that the covered entity receives through the checking of the criminal history is privileged information and for the exclusive use of the covered entity. The information shall be kept confidential by the covered entity and shall be held securely by the covered entity.  Upon the disclosure of confidential information under this section by a covered entity, the Department may refuse to provide further criminal record checks to the covered entity.
(d)	The Department shall complete each criminal history records check within 10 business days of receiving the covered entity's request, which shall include the identifying information and written consent of the covered person.  The Department shall charge a reasonable fee for conducting a criminal history record check under this section, with the costs of a records check to be borne by the covered entity requesting the check.
(e)	No action for civil or criminal liability shall be brought against any county or State repository of criminal information, its officers, or its employees, based upon the performance or nonperformance of duties under this section."
Sec. 3.  Chapter 131D of the General Statutes is amended by adding a new Article to read:
"ARTICLE 5.
"Miscellaneous Provisions.
"§ 131D-40.  Criminal history records checks of certain applicants for employment.
(a)	The head of a domiciliary home licensed under this Chapter, upon making a conditional offer of employment, shall require that an applicant for employment being considered for a position that does not require the applicant to be licensed by a licensing board of this State shall consent to a criminal history records check performed pursuant to G.S. 114-19.4.  The request for a records check shall be submitted within five business days of making the conditional offer of employment.  All criminal history information received by the domiciliary home shall be privileged, kept confidential, and held securely as provided by G.S. 114-19.4.
(b)	If the applicant's criminal history records check reveals one or more convictions covered by G.S. 114-19.4(a)(1), the head of the domiciliary home shall consider the following factors in determining whether the applicant will be hired:
(1)	The level and seriousness of the crime;
(2)	The date of the crime;
(3)	The age of the person at the time of the conviction;
(4)	The circumstances surrounding the commission of the crime, if known;
(5)	The nexus between the criminal conduct of the person and job duties of the person;
(6)	The prison, jail, probation, parole, rehabilitation, and employment records of the person since the date the crime was committed; and
(7)	The subsequent commission by the person of a crime listed in G.S. 114-19.3(a)(1).
The fact of conviction alone shall not be a bar to employment; however, the listed factors shall be considered by the head of the domiciliary home.
(c)	No action for civil or criminal liability shall be brought against a domiciliary home, its officers, or employees based upon the performance or nonperformance of duties under this section."
Sec. 4.  Chapter 131E of the General Statutes is amended by adding a new Article to read:
"ARTICLE 15.
"Miscellaneous Provisions.
"§ 131E-255.  Criminal history records checks of certain applicants for employment.
(a)	The head of a nursing home licensed under this Chapter, upon making a conditional offer of employment, shall require that an applicant for employment being considered for a position that does not require the applicant to be licensed by a licensing board of this State shall consent to a criminal history records check performed pursuant to G.S. 114-19.4.  The request for a records check shall be submitted within five business days of making the conditional offer of employment.  All criminal history information received by the nursing home shall be privileged, kept confidential, and held securely as provided by G.S. 114-19.4.
(b)	If the applicant's criminal history records check reveals one or more convictions covered by G.S. 114-19.4(a)(1), the head of the nursing home shall consider the following factors in determining whether the applicant will be hired:
(1)	The level and seriousness of the crime;
(2)	The date of the crime;
(3)	The age of the person at the time of the conviction;
(4)	The circumstances surrounding the commission of the crime, if known;
(5)	The nexus between the criminal conduct of the person and job duties of the person;
(6)	The prison, jail, probation, parole, rehabilitation, and employment records of the person since the date the crime was committed; and
(7)	The subsequent commission by the person of a crime listed in G.S. 114-19.3(a)(1).
The fact of conviction alone shall not be a bar to employment, however the listed factors shall be considered by the head of the nursing home.
(c)	No action for civil or criminal liability shall be brought against a nursing home, its officers, or employees based upon the performance or nonperformance of duties under this section."
Sec. 5.  This act becomes effective January 1, 1996.