FIRST REGULAR SESSION
HOUSE BILL NO. 993
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LAWSON.
Read 1st time March 15, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 630.170 and 660.317, RSMo 2000, relating to qualifications and disqualification of certain employees, and to enact in lieu thereof two new sections relating to the same subject.
Section A. Sections 630.170 and 660.317, RSMo 2000, are repealed and two new sections enacted in lieu thereof, to be known as sections 630.170 and 660.317, to read as follows:
630.170. 1. A person listed on the department of mental health disqualified registry, a person listed on the division of aging employee disqualification list pursuant to section 660.315, RSMo, a person convicted of or who pleads guilty or nolo contendere to any crime [under] pursuant to section 630.155 or 630.160 shall be disqualified from holding any position in any public or private facility or day program operated, funded or licensed by the department or in any mental health facility or mental health program in which people are admitted on a voluntary or involuntary basis or are civilly detained pursuant to chapter 632, RSMo.
2. A person convicted of or who pleads guilty or nolo contendere to any felony offense against persons as defined in chapter 565, RSMo; of any felony sexual offense as defined in chapter 566, RSMo; of any felony offense defined in section 568.020, 568.045, 568.050, 568.060, 569.020, 569.025, 569.030, 569.035, 569.040 [or], 569.050, 569.070 or 569.160, RSMo, or of an equivalent felony offense, or any violation of subsection 3 of section 198.070, RSMo, or subsection 1 of section 630.165 shall be disqualified from holding any direct-care position in any public or private facility, day program, residential facility or specialized service operated, funded or licensed by the department or any mental health facility or mental health program in which people are admitted on a voluntary basis or are civilly detained pursuant to chapter 632, RSMo.
3. Any person who receives a suspended imposition of sentence (SIS) or suspended execution of sentence (SES) following a plea of guilty to any of the disqualifying crimes listed in subsections 1 and 2 of this section shall be disqualified.
4. Any person disqualified [under] pursuant to the provisions of subsection 1 or 2 of this section may appeal the disqualification to the director of the department or the director's designee. The request shall be written and may not be made more than once every twelve months. The request may be granted by the director or designee if in the judgment of the director or designee a clear showing has been made by written submission only, that the person will not commit any additional acts for which the person had originally been disqualified for or any other acts that would be harmful to a patient, resident or client of a facility, program or service. The director or designee may grant the appeal subject to any conditions deemed appropriate and failure to comply with such terms may result in the person again being disqualified. Decisions by the director or designee [under] pursuant to the provisions of this subsection shall not be subject to appeal. The right to appeal [under] pursuant to this subsection shall not apply to persons [convicted of] who are disqualified as a result of being listed on the division of aging employee disqualification list pursuant to section 660.315, RSMo, or to persons disqualified from employment as a result of the commission of any crime [under] pursuant to the provisions of chapter 566 [or 568], RSMo, or section 565.020 [or], 565.021, 568.020, 568.060, 569.025 or 569.070, RSMo.
5. An applicant for a direct care position in any public or private facility, day program, residential facility or specialized service operated, funded or licensed by the department, or any mental health facility or mental health program in which persons are admitted on a voluntary basis or are civilly detained pursuant to chapter 632, RSMo, shall:
(1) Sign a consent form as required by section 43.540, RSMo, to provide written consent for a criminal records review;
(2) Disclose the applicant's criminal history. For purposes of this subdivision, "criminal history" includes any conviction or plea of guilty to a misdemeanor or felony offense and shall include any suspended imposition of sentence, suspended execution of sentence or any period of probation or parole; and
(3) Disclose if the applicant is listed on the employee disqualification list as provided in section 660.315, RSMo, or the department of mental health disqualified registry.
6. Any person who receives a good cause waiver issued by the division of aging pursuant to subsection 9 of section 660.317, RSMo, shall not require an additional exception pursuant to this section to be employed in a long-term care facility licensed pursuant to chapter 198, RSMo.
7. Any public or private residential facility, day program or specialized service licensed, certified or funded by the department shall, not later than two working days of hiring a person for a full-time, part-time or temporary position to have contact with clients, residents or patients:
(1) Request a criminal background check pursuant to section 43.540, RSMo;
(2) Make an inquiry to the department of social services as to whether the person is listed on the employee disqualification list pursuant to section 660.315, RSMo; and
(3) Make an inquiry to the department of mental health as to whether the person is listed on the disqualified registry.
8. The department shall maintain a disqualified registry and place on such registry the names of any person who has been finally determined by the department to be disqualified pursuant to this section. Such persons shall be prohibited from holding any position in any public or private facility or day program operated, licensed or funded by the department, or in any mental health facility or mental health program in which persons are admitted on a voluntary or involuntary basis or are civilly detained pursuant to chapter 632, RSMo.
660.317. 1. For the purposes of this section, the term "provider" means any person, corporation or association who:
(1) Is licensed as an operator pursuant to chapter 198, RSMo;
(2) Provides in-home services under contract with the department;
(3) Employs nurses or nursing assistants for temporary or intermittent placement in health care facilities; or
(4) Is an entity licensed pursuant to chapter 197, RSMo[;
(5) Is a public or private facility, day program, residential facility or specialized service operated, funded or licensed by the department of mental health].
2. For the purpose of this section "patient or resident" has the same meaning as such term is defined in section 43.540, RSMo.
3. Beginning August 28, 1997, not later than two working days of hiring any person for a full-time, part-time or temporary position to have contact with any patient or resident the provider shall, or in the case of temporary employees hired through an employment agency, the employment agency shall prior to sending a temporary employee to a provider:
(1) Request a criminal background check as provided in section 43.540, RSMo. Completion of an inquiry to the highway patrol for criminal records that are available for disclosure to a provider for the purpose of conducting an employee criminal records background check shall be deemed to fulfill the provider's duty to conduct employee criminal background checks pursuant to this section; except that, completing the inquiries pursuant to this subsection shall not be construed to exempt a provider from further inquiry pursuant to common law requirements governing due diligence; and
(2) Make an inquiry to the department of social services, whether the person is listed on the employee disqualification list as provided in section 660.315.
4. When the provider requests a criminal background check pursuant to section 43.530, RSMo, the requesting entity may require that the applicant reimburse the provider for the cost of such record check.
5. An applicant for a position to have contact with patients or residents of a provider shall:
(1) Sign a consent form as required by section 43.540, RSMo, so the provider may request a criminal records review;
(2) Disclose the applicant's criminal history. For the purposes of this subdivision "criminal history" includes any conviction or a plea of guilty to a misdemeanor or felony charge and shall include any suspended imposition of sentence, any suspended execution of sentence or any period of probation or parole; and
(3) Disclose if the applicant is listed on the employee disqualification list as provided in section 660.315.
6. An applicant who knowingly fails to disclose his criminal history as required in subsection 5 of this section is guilty of a class A misdemeanor. A provider is guilty of a class A misdemeanor if the provider knowingly hires a person to have contact with patients or residents and the person has been convicted of, pled guilty to or nolo contendere in this state or any other state or has been found guilty of a crime, which if committed in Missouri would be a class A or B felony violation of chapter 565, 566 or 569, RSMo, or any violation of subsection 3 of section 198.070, RSMo, or section 568.020, RSMo.
7. The highway patrol shall examine whether protocols can be developed to allow a provider to request a statewide fingerprint criminal records review check through local law enforcement agencies.
8. A provider may use a private investigatory agency rather than the highway patrol to do a criminal history records review check, and alternatively, the applicant pays the private investigatory agency such fees as the provider and such agency shall agree.
9. The department of social services shall promulgate rules and regulations to waive the hiring restrictions pursuant to this
section for good cause. For purposes of this section, "good cause" means the department has made a determination by
examining the employee's prior work history and other relevant factors that such employee does not present a risk to the
health or safety of residents.
Missouri House of Representatives