Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

HOUSE BILL 97­1084

BY REPRESENTATIVES K. Alexander, Epps, Mace, Reeser, Schwarz, and S. Williams;

also SENATORS B. Alexander, Congrove, Hernandez, Martinez, and Perlmutter.


CONCERNING CRIMINAL BACKGROUND CHECKS ON NURSING CARE FACILITY APPLICANTS.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  The introductory portion to 18­3­412.5 (6.7), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

18­3­412.5.  Sex offenders ­ duty to register ­ penalties. (6.7)  On and after September 1, 1996, prior to employing any person, a nursing care facility or the person seeking employment at a nursing care facility shall make an inquiry to the director of the Colorado bureau of investigation OR TO PRIVATE CRIMINAL BACKGROUND CHECK COMPANIES AUTHORIZED TO DO BUSINESS IN THE STATE OF COLORADO to ascertain whether such person has a criminal history, record INCLUDING ARREST AND CONVICTION RECORDS. The Colorado bureau of investigation OR PRIVATE CRIMINAL BACKGROUND CHECK COMPANIES is ARE authorized to utilize fingerprints to ascertain from the federal bureau of investigation whether such person has a criminal history record. The nursing care facility or the person seeking employment in a nursing care facility shall pay the costs of such inquiry. THE CRIMINAL BACKGROUND CHECK SHALL BE CONDUCTED NOT MORE THAN NINETY DAYS PRIOR TO THE EMPLOYMENT OF THE APPLICANT. FOR PURPOSES OF THIS SECTION, CRIMINAL BACKGROUND CHECK COMPANIES SHALL BE APPROVED BY THE STATE BOARD OF NURSING. IN APPROVING SUCH COMPANIES, APPROVAL SHALL BE BASED UPON THE PROVISION OF LAWFULLY AVAILABLE, ACCURATE, AND THOROUGH INFORMATION PERTAINING TO CRIMINAL HISTORIES, INCLUDING ARREST AND CONVICTION RECORDS. As used in this subsection (6.7), "nursing care facility" includes, but is not limited to:

SECTION 2.  12­38­108 (1) (l) (I), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUB­SUBPARAGRAPH to read:

12­38­108.  Powers and duties of the board. (1)  The board has the following powers and duties:

(l) (I) (C)  TO APPROVE PRIVATE CRIMINAL BACKGROUND CHECK COMPANIES FOR PURPOSES OF CONDUCTING CRIMINAL BACKGROUND CHECKS ON APPLICANTS FOR EMPLOYMENT IN NURSING CARE FACILITIES.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.



____________________________ ____________________________

Charles E. Berry Tom Norton

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE





____________________________ ____________________________

Judith M. Rodrigue Joan M. Albi

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE



APPROVED________________________________________




_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO