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