2021 -- H 5486

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LC000734

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- EMPLOYEE CRIMINAL RECORDS CHECK

     

     Introduced By: Representative John G. Edwards

     Date Introduced: February 10, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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

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

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     40.1-25.1-3. Criminal records check requirement.

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

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

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

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

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

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

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

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criminal records checks as required by this section shall be conducted for every five (5) years of

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continuous employment from the state of the previous criminal background check.

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

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

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

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

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

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

 

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

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

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employment of the applicant.

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

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

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

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

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

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

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

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any facility or program licensed or certified by the department.

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

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

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records check for the applicant. Any expense associated for providing the criminal records' check,

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including the taking of fingerprints of the applicant, shall be paid by the applicant and/or the

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requesting agency.

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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 BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- EMPLOYEE CRIMINAL RECORDS CHECK

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     This act would require all applicants for employment with the department of behavioral

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healthcare, developmental disabilities and hospitals or any of its licensed facilities or programs to

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have the attorney general's office conduct their mandated nationwide criminal records' check. The

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cost of the criminal records' check, including fingerprints, to be paid by the job applicant and/or the

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requesting agency.

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     This act would take effect upon passage.

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