Assembly Bill No. 155-Assemblymen Close and Freeman
February 10, 1997
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Referred to Committee on Health and Human Services
SUMMARY--Makes various changes related to applicant for license to operate facility for intermediate care, facility for skilled nursing or residential facility for groups and of employees of each such facility and employees of agency to provide nursing in home. (BDR 40-265)
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 personal care facilities; requiring the central repository for Nevada records of criminal history to check the criminal history of each applicant for a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups and of each employee of each such facility and employee of each agency to provide nursing in the home; authorizing the health division of the department of human resources to deny or revoke a license if an applicant for a license to operate any such facility or his employee has been convicted of a certain crime; requiring the administrator of each such facility to terminate the employment of an employee who is convicted of a certain crime; and providing other matters properly relating thereto.
Whereas, Facilities for intermediate care, facilities for skilled nursing and 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, Agencies to provide nursing in the home also provide assistance to these vulnerable residents; and
Whereas, There have been many reports of abuse of and stealing from these vulnerable residents by employees of such facilities and agencies; 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 these vulnerable residents; 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 to 7, inclusive, of this act.
Sec. 2 The provisions of sections 3 to 7, inclusive, of this act do not apply to any facility for the treatment of abuse of alcohol or drugs.
Sec. 3 1. Each applicant for a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups shall submit to the central repository for Nevada records of criminal history two complete sets of fingerprints for submission to the Federal Bureau of Investigation for its report.
2. The central repository for Nevada records of criminal history shall determine whether the applicant has been convicted of a crime listed in section 7 of this act and immediately inform the administrator of the facility, if any, and the health division of whether the applicant has been convicted of such a crime.
Sec. 4 1. Except as otherwise provided in subsection 4, within 10 days after hiring an employee, the administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall:
(a) Obtain a written statement from the employee stating whether he has been convicted of any crime listed in section 7 of this act;
(b) Obtain a verbal and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);
(c) Obtain from the employee two sets of fingerprints and a written authorization 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; and
(d) Submit to the central repository for Nevada records of criminal history the fingerprints obtained pursuant to paragraph (c).
2. The central repository for Nevada records of criminal history shall determine whether the employee has been convicted of a crime listed in section 7 of this act and immediately inform the health division, the administrator of and the person licensed to operate, the agency or facility at which the person is employed of whether or not the employee has been convicted of such a crime.
3. The central repository for Nevada records of criminal history may impose a fee upon an agency or a facility that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency or facility may recover from the employee not more than one-half of the fee imposed by the central repository. If the agency or facility requires the employee to pay for any part of the fee imposed by the central repository, it shall allow the employee to pay the amount through periodic payments.
4. The provisions of this section do not apply to an employee who has undergone an investigation of his criminal background as a condition to receiving a professional license in this state.
Sec. 5 Each agency to provide nursing in the home, facility for intermediate care, facility for skilled nursing and residential facility for groups shall maintain accurate records of the information concerning its employees collected pursuant to section 3 of this act, and shall maintain a copy of the fingerprints submitted to the central repository for Nevada records of criminal history and proof it submitted two sets of fingerprints to the central repository for its report. These records must be made available for inspection by the health division at any reasonable time and copies thereof must be furnished to the health division upon request.
Sec. 6 1. Upon receiving information from the central repository for Nevada records of criminal history pursuant to section 4 of this act, or evidence from any other source, that a person who is employed at an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of section 7 of this act, the administrator of, or the person licensed to operate, the agency or facility shall terminate the employment of that person after allowing him any time to correct the information as required pursuant to subsection 2.
2. If an employee believes that the information provided by the central repository is incorrect, he may immediately inform the agency or facility. An agency or facility that is so informed shall give an employee a reasonable amount of time of not less than 30 days to correct the information received from the central repository before terminating the employment of the person pursuant to subsection 1.
3. An agency or facility that has complied with section 4 of this act may not be held civilly or criminally liable based solely upon the ground that the agency or facility allowed an employee to work:
(a) Before it received the information concerning the employee from the central repository;
(b) During any period required pursuant to subsection 2 to allow the employee to correct such information;
(c) Based on the information received from the central repository, if the information received from the central repository was inaccurate; or
(d) Any combination thereof.
An agency or facility may be held liable for any other conduct determined to be negligent or unlawful.
Sec. 7 1. In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:
(a) The applicant or licensee has been convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault with intent to kill or to commit sexual assault or mayhem;
(3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(4) Abuse or neglect of a child or contributory delinquency;
(5) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;
(6) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or
(7) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or
(b) The licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a).
2. In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.
Sec. 8 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 to 7, inclusive, 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. 9 NRS 449.060 is hereby amended to read as follows:
449.0601. Each license issued pursuant to NRS 449.001 to 449.240, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of the fee provided in NRS 449.040 and 449.050 unless the health division finds, after an investigation, that the facility has not:
[1.] (a) Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, or the standards and regulations adopted by the board; or
[2.] (b) Obtained the approval of the director of the department of human resources before undertaking a project, if such approval is required by NRS 439A.100; or
[3.] (c) Conformed to all applicable local zoning regulations.
2. Each reapplication for an agency to provide nursing in the home, a residential facility for intermediate care, a facility for skilled nursing or a residential facility for groups must include, without limitation, a statement that the facility or agency is in compliance with the provisions of sections 2 to 7, inclusive, of this act.
Sec. 10 NRS 179A.075 is hereby amended to read as follows:
179A.0751. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:
(a) Through an electronic network;
(b) On a [media] medium of magnetic storage; or
(c) In the manner prescribed by the director of the department,
within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) Use a record of the subject's fingerprints as the basis for any records maintained regarding him.
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:
(1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;
(2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; [or]
(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction [.] ; or
(4) For whom such information is required to be obtained pursuant to section 4 of this act.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repository's records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository's initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to section 3 or 4 of this act.
(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
[(g)] (h) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
8. As used in this section, "advisory committee" means the committee established by the director of the department pursuant to NRS 179A.078.
Sec. 11 1. Each person who is a licensee of a facility for intermediate care, facility for skilled nursing or residential facility for groups, an applicant for a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups before October 1, 1997, shall provide the central repository for Nevada records of criminal history with two complete sets of fingerprints on or before November 1, 1997.
2. Each person who is an employee of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups before October 1, 1997, shall provide the administrator of, or the person licensed to operate, the agency or facility at which he is employed with two complete sets of fingerprints on or before November 1, 1997.