Chapter 238

2011 -- H 5441 SUBSTITUTE A

Enacted 07/09/11

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - NURSES

Introduced By: Representatives Bennett, Costa, Blazejewski, Tanzi, and McNamara

Date Introduced: February 16, 2011

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 5-34 of the General Laws entitled "Nurses" is hereby amended by

adding thereto the following section:

5-34-43. Criminal records review. – (a) Notwithstanding any provision of law to the

contrary contained in any general or public law, rule or regulation, any person seeking a license to

practice under this chapter, or who is previously licensed and authorized to practice under this

chapter and is seeking employment, shall undergo a federal and statewide criminal background

check (BCI), which shall be processed prior to receiving a license to practice or to enter into

employment.

(b) The applicant shall apply to the bureau of criminal identification for a national

criminal records check that shall include fingerprints submitted to the federal bureau of

investigation. Upon the discovery of any disqualifying information, the bureau of criminal

identification will inform the applicant in writing of the nature of the disqualifying information;

and, without disclosing the nature of the disqualifying information, will notify the licensing

agency or the potential employer in writing that disqualifying information has been discovered.

(c) The applicant against whom disqualifying information has been found, may request

that a copy of the criminal background report be sent to the licensing agency or the potential

employer. The licensing agency or the potential employer shall make a judgment regarding the

issuing of a license.

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

of criminal identification shall inform the applicant and the licensing agency or the potential

employer in writing of this fact.

(e) It shall be the responsibility of the applicant to pay for the criminal records check.

SECTION 2. This act shall take effect upon passage.

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LC01159/SUB A/2

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