Assembly Bill No. 11

Assembly Bill No. 11-Committee on Health and Human Services

Prefiled on December 31, 1996
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Referred to Committee on Health and Human Services

SUMMARY--Requires check of any criminal history of applicant for license to operate residential facility for groups and employee of residential facility for groups. (BDR 40-493)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to residential facilities for groups; requiring the health division of the department of human resources to check the criminal history of each applicant for a license to operate a residential facility for groups and employee of a residential facility for groups; authorizing the health division to deny or revoke a license if an applicant for a license to operate a residential facility for groups or his employee has been convicted of a certain crime; requiring the administrator of or person licensed to operate a residential facility for groups to terminate the employment of an employee who has been convicted of a certain crime; and providing other matters properly relating thereto.

Whereas, Residential facilities for groups provide food, shelter and assistance to some of the most vulnerable residents of this state, including aged, infirm, mentally retarded and handicapped persons; and
Whereas, There have been many reports of abuse of and stealing from these vulnerable residents by employees of residential facilities for groups; and
Whereas, The legislature recognizes that it is necessary for the state to exercise its police powers to protect the health, safety and welfare of persons who reside in residential facilities for groups; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 1. Each applicant for a license to operate a residential facility for groups and each employee of a residential facility for groups shall submit to the health division a complete set of fingerprints and a written authorization for the division or its designee to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.
2. The health division shall secure from each appropriate law enforcement agency information regarding the criminal history of each applicant for a license to operate a residential facility for groups and each employee of a residential facility for groups.
3. The health division may impose a fee upon a person investigated pursuant to this section for the cost of the investigation in an amount not to exceed $50.
Sec. 3 1. If the health division determines that a person who is employed at a residential facility for groups has been convicted of a crime listed in section 4 of this act, the health division shall immediately notify the administrator and the person licensed to operate the residential facility for groups where the person is employed.
2. Upon receipt of notice from the health division pursuant to subsection 1, or evidence from any other source, that a person who is employed at a residential facility for groups has been convicted of a crime listed in section 4 of this act, the administrator of or the person licensed to operate the residential facility for groups shall terminate the employment of that person. If the notice is obtained from a source other than the health division, the administrator or the person licensed to operate the residential facility for groups shall verify the conviction before he terminates the employment of the person.
Sec. 4 In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate a residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate a residential facility for groups if:
1. The applicant or licensee has been convicted of:
(a) A felony;
(b) A crime involving moral turpitude; or
(c) Any other crime committed against a person who is 60 years of age or older; or
2. The licensee has continued to employ a person who has been convicted of a crime listed in subsection 1.
Sec. 5 NRS 449.030 is hereby amended to read as follows:
449.030 1. No person, state or local government or agency thereof may operate or maintain in this state any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive [.] , and sections 2, 3 and 4 of this act.
2. Unless licensed as a freestanding facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the board.
Sec. 6 Each person who is licensed to operate a residential facility for groups, applicant for a license to operate a residential facility for groups or employee at a residential facility for groups on or before October 1, 1997, shall provide the health division of the department of human resources with a complete set of fingerprints not later than November 1, 1997.