| 1 | A bill to be entitled | 
| 2 | An act relating to background screening; amending s. | 
| 3 | 394.4572, F.S.; providing that mental health personnel | 
| 4 | working in a facility licensed under ch. 395, F.S., | 
| 5 | who work on an intermittent basis for less than 15 | 
| 6 | hours per week of direct, face-to-face contact with | 
| 7 | patients are exempt from the fingerprinting and | 
| 8 | screening requirements; providing an exception; | 
| 9 | amending s. 409.1757, F.S.; adding law enforcement | 
| 10 | officers who have a good moral character to the list | 
| 11 | of professionals who are not required to be | 
| 12 | refingerprinted or rescreened; amending s. 430.0402, | 
| 13 | F.S.; including volunteers within the definition of | 
| 14 | the term "direct service provider" for purposes of | 
| 15 | required background screening; exempting a volunteer | 
| 16 | who meets certain criteria and a client's relative or | 
| 17 | spouse from the screening requirement; excepting | 
| 18 | certain licensed professionals and persons screened as | 
| 19 | a licensure requirement from further screening under | 
| 20 | certain circumstances; requiring direct service | 
| 21 | providers working as of a certain date to be screened | 
| 22 | within a specified period; providing a phase-in for | 
| 23 | screening direct service providers; requiring that | 
| 24 | employers of direct service providers and certain | 
| 25 | other individuals be rescreened every 5 years unless | 
| 26 | fingerprints are retained electronically by the | 
| 27 | Department of Law Enforcement; removing an offense | 
| 28 | from the list of disqualifying offenses for purposes | 
| 29 | of background screening; amending s. 435.04, F.S.; | 
| 30 | requiring vendors who submit fingerprints on behalf of | 
| 31 | employers to meet specified criteria; requiring that | 
| 32 | fingerprints be retained for any person screened by a | 
| 33 | certain date; amending s. 435.06, F.S.; authorizing an | 
| 34 | employer to hire an employee to a position that | 
| 35 | otherwise requires background screening before the | 
| 36 | completion of the screening process for the purpose of | 
| 37 | training the employee; prohibiting the employee from | 
| 38 | having direct contact with vulnerable persons until | 
| 39 | the screening process is complete; amending s. 435.07, | 
| 40 | F.S.; providing that personnel of a qualified entity | 
| 41 | as defined in ch. 943, F.S., may apply for an | 
| 42 | exemption from screening; amending s. 408.809, F.S.; | 
| 43 | eliminating a rule that requires the Agency for Health | 
| 44 | Care Administration to stagger rescreening schedules; | 
| 45 | providing a rescreening schedule; amending s. 464.203, | 
| 46 | F.S.; requiring the Board of Nursing to waive | 
| 47 | background screening requirements for certain | 
| 48 | certified nursing assistants; requiring the | 
| 49 | establishment of a statewide interagency workgroup | 
| 50 | relating to statewide background screening procedures | 
| 51 | and information sharing; providing for membership; | 
| 52 | requiring the workgroup to submit a report to the | 
| 53 | Legislature by a specified date; setting forth the | 
| 54 | topics that, at a minimum, the workgroup must address | 
| 55 | in its work plan; providing an effective date. | 
| 56 | 
 | 
| 57 | Be It Enacted by the Legislature of the State of Florida: | 
| 58 | 
 | 
| 59 | Section 1.  Paragraph (d) is added to subsection (1) of | 
| 60 | section 394.4572, Florida Statutes, to read: | 
| 61 | 394.4572  Screening of mental health personnel.- | 
| 62 | (1) | 
| 63 | (d)  Mental health personnel working in a facility licensed | 
| 64 | under chapter 395 who work on an intermittent basis for less | 
| 65 | than 15 hours per week of direct, face-to-face contact with | 
| 66 | patients are exempt from the fingerprinting and screening | 
| 67 | requirements, except that persons working in a mental health | 
| 68 | facility where the primary purpose of the facility is the mental | 
| 69 | health treatment of minors must be fingerprinted and meet | 
| 70 | screening requirements. | 
| 71 | Section 2.  Section 409.1757, Florida Statutes, is amended | 
| 72 | to read: | 
| 73 | 409.1757  Persons not required to be refingerprinted or | 
| 74 | rescreened.-Any provision oflaw to the contrary | 
| 75 | notwithstanding, human resource personnel who have been | 
| 76 | fingerprinted or screened pursuant to chapters 393, 394, 397, | 
| 77 | 402, and this chapter, andteachers who have been fingerprinted | 
| 78 | pursuant to chapter 1012, and law enforcement officers who meet | 
| 79 | the requirements of s. 943.13, who have not been unemployed for | 
| 80 | more than 90 days thereafter, and who under the penalty of | 
| 81 | perjury attest to the completion of such fingerprinting or | 
| 82 | screening and to compliance with the provisions ofthis section | 
| 83 | and the standards for good moral character as contained in such | 
| 84 | provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451, | 
| 85 | 402.305(2), and409.175(6), and 943.13(7), areshallnotbe  | 
| 86 | required to be refingerprinted or rescreened in order to comply | 
| 87 | with any caretaker screening or fingerprinting requirements. | 
| 88 | Section 3.  Section 430.0402, Florida Statutes, is amended | 
| 89 | to read: | 
| 90 | 430.0402  Screening of direct service providers.- | 
| 91 | (1)(a)  Level 2 background screening pursuant to chapter | 
| 92 | 435 is required for direct service providers. Background | 
| 93 | screening includes employment history checks as provided in s. | 
| 94 | 435.03(1) and local criminal records checks through local law | 
| 95 | enforcement agencies. | 
| 96 | (b)  For purposes of this section, the term "direct service | 
| 97 | provider" means a person 18 years of age or older, including a | 
| 98 | volunteer, who, pursuant to a program to provide services to the | 
| 99 | elderly, has direct, face-to-face contact with a client while | 
| 100 | providing services to the client and orhas access to the | 
| 101 | client's living areas or to the client's funds or personal | 
| 102 | property. The term does not include includes coordinators,  | 
| 103 | managers, and supervisors of residential facilities and  | 
| 104 | volunteers who assist on an intermittent basis for less than 20 | 
| 105 | hours of direct, face-to-face contact with a client per month, | 
| 106 | individuals who are related by blood to the client, or the | 
| 107 | client's spouse. | 
| 108 | (2)  Licensed physicians or ,nurses,orother professionals | 
| 109 | licensed by the Department of Health, or attorneys in good | 
| 110 | standing with The Florida Bar are not subject to background | 
| 111 | screening if they are providing a service that is within the | 
| 112 | scope of their licensed practice. | 
| 113 | (3)  Individuals qualified for employment by the Agency for | 
| 114 | Health Care Administration pursuant to the agency's background | 
| 115 | screening standards for licensure or employment contained in s. | 
| 116 | 408.809 are not subject to subsequent or additional Level 2 | 
| 117 | screening pursuant to chapter 435, or to the unique screening | 
| 118 | requirements of this section, by virtue of their employment as a | 
| 119 | direct service provider if they are providing a service that is | 
| 120 | within the scope of their licensed practice. | 
| 121 | (4) (3)Refusal on the part of an employer to dismiss a | 
| 122 | manager, supervisor, or direct service provider who has been | 
| 123 | found to be in noncompliance with standards of this section | 
| 124 | shall result in the automatic denial, termination, or revocation | 
| 125 | of the license or certification, rate agreement, purchase order, | 
| 126 | or contract, in addition to any other remedies authorized by | 
| 127 | law. | 
| 128 | (5)  Individuals serving as direct service providers on | 
| 129 | July 31, 2011, must be screened by July 1, 2013. The department | 
| 130 | may adopt rules to establish a schedule to stagger the | 
| 131 | implementation of the required screening over a 1-year period, | 
| 132 | beginning July 1, 2012, through July 1, 2013. | 
| 133 | (6)  An employer of a direct service provider who | 
| 134 | previously qualified for employment or volunteer work under | 
| 135 | Level 1 screening standards or an individual who is required to | 
| 136 | be screened according to the Level 2 screening standards | 
| 137 | contained in chapter 435, pursuant to this section, shall be | 
| 138 | rescreened every 5 years following the date of his or her last | 
| 139 | background screening or exemption, unless such individual's | 
| 140 | fingerprints are continuously retained and monitored by the | 
| 141 | Department of Law Enforcement in the federal fingerprint | 
| 142 | retention program according to the procedures specified in s. | 
| 143 | 943.05. | 
| 144 | (7) (4)The background screening conducted pursuant to this | 
| 145 | section must ensure that, in addition to the disqualifying | 
| 146 | offenses listed in s. 435.04, no person subject to the | 
| 147 | provisions of this section has an arrest awaiting final | 
| 148 | disposition for, has been found guilty of, regardless of | 
| 149 | adjudication, or entered a plea of nolo contendere or guilty to, | 
| 150 | or has been adjudicated delinquent and the record has not been | 
| 151 | sealed or expunged for, any offense prohibited under any of the | 
| 152 | following provisions of state law or similar law of another | 
| 153 | jurisdiction: | 
| 154 | (a)  Any authorizing statutes, if the offense was a felony. | 
| 155 | (a) (b)Section 409.920, relating to Medicaid provider | 
| 156 | fraud. | 
| 157 | (b) (c)Section 409.9201, relating to Medicaid fraud. | 
| 158 | (c) (d)Section 817.034, relating to fraudulent acts | 
| 159 | through mail, wire, radio, electromagnetic, photoelectronic, or | 
| 160 | photooptical systems. | 
| 161 | (d) (e)Section 817.234, relating to false and fraudulent | 
| 162 | insurance claims. | 
| 163 | (e) (f)Section 817.505, relating to patient brokering. | 
| 164 | (f) (g)Section 817.568, relating to criminal use of | 
| 165 | personal identification information. | 
| 166 | (g) (h)Section 817.60, relating to obtaining a credit card | 
| 167 | through fraudulent means. | 
| 168 | (h) (i)Section 817.61, relating to fraudulent use of | 
| 169 | credit cards, if the offense was a felony. | 
| 170 | (i) (j)Section 831.01, relating to forgery. | 
| 171 | (j) (k)Section 831.02, relating to uttering forged | 
| 172 | instruments. | 
| 173 | (k) (l)Section 831.07, relating to forging bank bills, | 
| 174 | checks, drafts, or promissory notes. | 
| 175 | (l) (m)Section 831.09, relating to uttering forged bank | 
| 176 | bills, checks, drafts, or promissory notes. | 
| 177 | Section 4.  Paragraph (e) is added to subsection (1) of | 
| 178 | section 435.04, Florida Statutes, and subsection (4) is added to | 
| 179 | that section, to read: | 
| 180 | 435.04  Level 2 screening standards.- | 
| 181 | (1) | 
| 182 | (e)  Vendors who submit fingerprints on behalf of employers | 
| 183 | must: | 
| 184 | 1.  Use technology that is compliant with systems used by | 
| 185 | the Department of Law Enforcement; and | 
| 186 | 2.  Have the ability to communicate electronically with the | 
| 187 | state agency accepting screening results from the Department of | 
| 188 | Law Enforcement. | 
| 189 | (4)  Fingerprints required for screening under this section | 
| 190 | shall be retained for any person who is screened on or after | 
| 191 | July 1, 2014. | 
| 192 | Section 5.  Paragraph (d) is added to subsection (2) of | 
| 193 | section 435.06, Florida Statutes, to read: | 
| 194 | 435.06  Exclusion from employment.- | 
| 195 | (2) | 
| 196 | (d)  An employer may hire an employee to a position that | 
| 197 | requires background screening before the employee completes the | 
| 198 | screening process for training and orientation purposes. | 
| 199 | However, the employee may not have direct contact with | 
| 200 | vulnerable persons until the screening process is completed and | 
| 201 | the employee demonstrates that he or she exhibits no behaviors | 
| 202 | that warrant the denial or termination of employment. | 
| 203 | Section 6.  Subsection (6) is added to section 435.07, | 
| 204 | Florida Statutes, to read: | 
| 205 | 435.07  Exemptions from disqualification.-Unless otherwise | 
| 206 | provided by law, the provisions of this section apply to | 
| 207 | exemptions from disqualification for disqualifying offenses | 
| 208 | revealed pursuant to background screenings required under this | 
| 209 | chapter, regardless of whether those disqualifying offenses are | 
| 210 | listed in this chapter or other laws. | 
| 211 | (6)  Personnel of a qualified entity as described in s. | 
| 212 | 943.0542, who are required to be screened pursuant to s. 435.04, | 
| 213 | may apply for an exemption pursuant to this chapter. | 
| 214 | Section 7.  Section 408.809, Florida Statutes, is amended | 
| 215 | to read: | 
| 216 | 408.809  Background screening; prohibited offenses.- | 
| 217 | (1)  Level 2 background screening pursuant to chapter 435 | 
| 218 | must be conducted through the agency on each of the following | 
| 219 | persons, who are considered employees for the purposes of | 
| 220 | conducting screening under chapter 435: | 
| 221 | (a)  The licensee, if an individual. | 
| 222 | (b)  The administrator or a similarly titled person who is | 
| 223 | responsible for the day-to-day operation of the provider. | 
| 224 | (c)  The financial officer or similarly titled individual | 
| 225 | who is responsible for the financial operation of the licensee | 
| 226 | or provider. | 
| 227 | (d)  Any person who is a controlling interest if the agency | 
| 228 | has reason to believe that such person has been convicted of any | 
| 229 | offense prohibited by s. 435.04. For each controlling interest | 
| 230 | who has been convicted of any such offense, the licensee shall | 
| 231 | submit to the agency a description and explanation of the | 
| 232 | conviction at the time of license application. | 
| 233 | (e)  Any person, as required by authorizing statutes, | 
| 234 | seeking employment with a licensee or provider who is expected | 
| 235 | to, or whose responsibilities may require him or her to, provide | 
| 236 | personal care or services directly to clients or have access to | 
| 237 | client funds, personal property, or living areas; and any | 
| 238 | person, as required by authorizing statutes, contracting with a | 
| 239 | licensee or provider whose responsibilities require him or her | 
| 240 | to provide personal care or personal services directly to | 
| 241 | clients. Evidence of contractor screening may be retained by the | 
| 242 | contractor's employer or the licensee. | 
| 243 | (2)  Every 5 years following his or her licensure, | 
| 244 | employment, or entry into a contract in a capacity that under | 
| 245 | subsection (1) would require level 2 background screening under | 
| 246 | chapter 435, each such person must submit to level 2 background | 
| 247 | rescreening as a condition of retaining such license or | 
| 248 | continuing in such employment or contractual status. For any | 
| 249 | such rescreening, the agency shall request the Department of Law | 
| 250 | Enforcement to forward the person's fingerprints to the Federal | 
| 251 | Bureau of Investigation for a national criminal history record | 
| 252 | check. If the fingerprints of such a person are not retained by | 
| 253 | the Department of Law Enforcement under s. 943.05(2)(g), the | 
| 254 | person must file a complete set of fingerprints with the agency | 
| 255 | and the agency shall forward the fingerprints to the Department | 
| 256 | of Law Enforcement for state processing, and the Department of | 
| 257 | Law Enforcement shall forward the fingerprints to the Federal | 
| 258 | Bureau of Investigation for a national criminal history record | 
| 259 | check. The fingerprints may be retained by the Department of Law | 
| 260 | Enforcement under s. 943.05(2)(g). The cost of the state and | 
| 261 | national criminal history records checks required by level 2 | 
| 262 | screening may be borne by the licensee or the person | 
| 263 | fingerprinted. Proof of compliance with level 2 screening | 
| 264 | standards submitted within the previous 5 years to meet any | 
| 265 | provider or professional licensure requirements of the agency, | 
| 266 | the Department of Health, the Agency for Persons with | 
| 267 | Disabilities, the Department of Children and Family Services, or | 
| 268 | the Department of Financial Services for an applicant for a | 
| 269 | certificate of authority or provisional certificate of authority | 
| 270 | to operate a continuing care retirement community under chapter | 
| 271 | 651 satisfies the requirements of this section if the person | 
| 272 | subject to screening has not been unemployed for more than 90 | 
| 273 | days and such proof is accompanied, under penalty of perjury, by | 
| 274 | an affidavit of compliance with the provisions of chapter 435 | 
| 275 | and this section using forms provided by the agency. | 
| 276 | (3)  All fingerprints must be provided in electronic | 
| 277 | format. Screening results shall be reviewed by the agency with | 
| 278 | respect to the offenses specified in s. 435.04 and this section, | 
| 279 | and the qualifying or disqualifying status of the person named | 
| 280 | in the request shall be maintained in a database. The qualifying | 
| 281 | or disqualifying status of the person named in the request shall | 
| 282 | be posted on a secure website for retrieval by the licensee or | 
| 283 | designated agent on the licensee's behalf. | 
| 284 | (4)  In addition to the offenses listed in s. 435.04, all | 
| 285 | persons required to undergo background screening pursuant to | 
| 286 | this part or authorizing statutes must not have an arrest | 
| 287 | awaiting final disposition for, must not have been found guilty | 
| 288 | of, regardless of adjudication, or entered a plea of nolo | 
| 289 | contendere or guilty to, and must not have been adjudicated | 
| 290 | delinquent and the record not have been sealed or expunged for | 
| 291 | any of the following offenses or any similar offense of another | 
| 292 | jurisdiction: | 
| 293 | (a)  Any authorizing statutes, if the offense was a felony. | 
| 294 | (b)  This chapter, if the offense was a felony. | 
| 295 | (c)  Section 409.920, relating to Medicaid provider fraud. | 
| 296 | (d)  Section 409.9201, relating to Medicaid fraud. | 
| 297 | (e)  Section 741.28, relating to domestic violence. | 
| 298 | (f)  Section 817.034, relating to fraudulent acts through | 
| 299 | mail, wire, radio, electromagnetic, photoelectronic, or | 
| 300 | photooptical systems. | 
| 301 | (g)  Section 817.234, relating to false and fraudulent | 
| 302 | insurance claims. | 
| 303 | (h)  Section 817.505, relating to patient brokering. | 
| 304 | (i)  Section 817.568, relating to criminal use of personal | 
| 305 | identification information. | 
| 306 | (j)  Section 817.60, relating to obtaining a credit card | 
| 307 | through fraudulent means. | 
| 308 | (k)  Section 817.61, relating to fraudulent use of credit | 
| 309 | cards, if the offense was a felony. | 
| 310 | (l)  Section 831.01, relating to forgery. | 
| 311 | (m)  Section 831.02, relating to uttering forged | 
| 312 | instruments. | 
| 313 | (n)  Section 831.07, relating to forging bank bills, | 
| 314 | checks, drafts, or promissory notes. | 
| 315 | (o)  Section 831.09, relating to uttering forged bank | 
| 316 | bills, checks, drafts, or promissory notes. | 
| 317 | (p)  Section 831.30, relating to fraud in obtaining | 
| 318 | medicinal drugs. | 
| 319 | (q)  Section 831.31, relating to the sale, manufacture, | 
| 320 | delivery, or possession with the intent to sell, manufacture, or | 
| 321 | deliver any counterfeit controlled substance, if the offense was | 
| 322 | a felony. | 
| 323 | (5)  A person who serves as a controlling interest of, is | 
| 324 | employed by, or contracts with a licensee on July 31, 2010, who | 
| 325 | has been screened and qualified according to standards specified | 
| 326 | in s. 435.03 or s. 435.04 must be rescreened by July 31, 2015 in | 
| 327 | compliance with the following schedule. The agency may adopt  | 
| 328 | rules to establish a schedule to stagger the implementation of  | 
| 329 | the required rescreening over the 5-year period, beginning July  | 
| 330 | 31, 2010, through July 31, 2015.If, upon rescreening, such | 
| 331 | person has a disqualifying offense that was not a disqualifying | 
| 332 | offense at the time of the last screening, but is a current | 
| 333 | disqualifying offense and was committed before the last | 
| 334 | screening, he or she may apply for an exemption from the | 
| 335 | appropriate licensing agency and, if agreed to by the employer, | 
| 336 | may continue to perform his or her duties until the licensing | 
| 337 | agency renders a decision on the application for exemption if | 
| 338 | the person is eligible to apply for an exemption and the | 
| 339 | exemption request is received by the agency within 30 days after | 
| 340 | receipt of the rescreening results by the person. The | 
| 341 | rescreening schedule shall be: | 
| 342 | (a)  Individuals for whom the last screening was conducted | 
| 343 | on or before December 31, 2004, must be rescreened by July 31, | 
| 344 | 2014. | 
| 345 | (b)  Individuals for whom the last screening conducted was | 
| 346 | between January 1, 2005, and December 31, 2008, must be | 
| 347 | rescreened by July 31, 2015. | 
| 348 | (c)  Individuals for whom the last screening conducted was | 
| 349 | between January 1, 2009, through July 31, 2011, must be | 
| 350 | rescreened by July 31, 2016. | 
| 351 | (6) (5)The costs associated with obtaining the required | 
| 352 | screening must be borne by the licensee or the person subject to | 
| 353 | screening. Licensees may reimburse persons for these costs. The | 
| 354 | Department of Law Enforcement shall charge the agency for | 
| 355 | screening pursuant to s. 943.053(3). The agency shall establish | 
| 356 | a schedule of fees to cover the costs of screening. | 
| 357 | (7) (6)(a)  As provided in chapter 435, the agency may grant | 
| 358 | an exemption from disqualification to a person who is subject to | 
| 359 | this section and who: | 
| 360 | 1.  Does not have an active professional license or | 
| 361 | certification from the Department of Health; or | 
| 362 | 2.  Has an active professional license or certification | 
| 363 | from the Department of Health but is not providing a service | 
| 364 | within the scope of that license or certification. | 
| 365 | (b)  As provided in chapter 435, the appropriate regulatory | 
| 366 | board within the Department of Health, or the department itself | 
| 367 | if there is no board, may grant an exemption from | 
| 368 | disqualification to a person who is subject to this section and | 
| 369 | who has received a professional license or certification from | 
| 370 | the Department of Health or a regulatory board within that | 
| 371 | department and that person is providing a service within the | 
| 372 | scope of his or her licensed or certified practice. | 
| 373 | (8) (7)The agency and the Department of Health may adopt | 
| 374 | rules pursuant to ss. 120.536(1) and 120.54 to implement this | 
| 375 | section, chapter 435, and authorizing statutes requiring | 
| 376 | background screening and to implement and adopt criteria | 
| 377 | relating to retaining fingerprints pursuant to s. 943.05(2). | 
| 378 | (9) (8)There is no unemployment compensation or other | 
| 379 | monetary liability on the part of, and no cause of action for | 
| 380 | damages arising against, an employer that, upon notice of a | 
| 381 | disqualifying offense listed under chapter 435 or this section, | 
| 382 | terminates the person against whom the report was issued, | 
| 383 | whether or not that person has filed for an exemption with the | 
| 384 | Department of Health or the agency. | 
| 385 | Section 8.  Subsection (1) of section 464.203, Florida | 
| 386 | Statutes, is amended to read: | 
| 387 | 464.203  Certified nursing assistants; certification | 
| 388 | requirement.- | 
| 389 | (1)  The board shall issue a certificate to practice as a | 
| 390 | certified nursing assistant to any person who demonstrates a | 
| 391 | minimum competency to read and write and successfully passes the | 
| 392 | required background screening pursuant to s. 400.215. If the | 
| 393 | person has successfully passed the required background screening | 
| 394 | pursuant to s. 400.215 or s. 408.809 within 90 days before | 
| 395 | applying for a certificate to practice, the board shall waive | 
| 396 | the requirement that the applicant successfully pass an | 
| 397 | additional background screening pursuant to s. 400.215. The | 
| 398 | person must also meet and meetsone of the following | 
| 399 | requirements: | 
| 400 | (a)  Has successfully completed an approved training | 
| 401 | program and achieved a minimum score, established by rule of the | 
| 402 | board, on the nursing assistant competency examination, which | 
| 403 | consists of a written portion and skills-demonstration portion | 
| 404 | approved by the board and administered at a site and by | 
| 405 | personnel approved by the department. | 
| 406 | (b)  Has achieved a minimum score, established by rule of | 
| 407 | the board, on the nursing assistant competency examination, | 
| 408 | which consists of a written portion and skills-demonstration | 
| 409 | portion, approved by the board and administered at a site and by | 
| 410 | personnel approved by the department and: | 
| 411 | 1.  Has a high school diploma, or its equivalent; or | 
| 412 | 2.  Is at least 18 years of age. | 
| 413 | (c)  Is currently certified in another state; is listed on | 
| 414 | that state's certified nursing assistant registry; and has not | 
| 415 | been found to have committed abuse, neglect, or exploitation in | 
| 416 | that state. | 
| 417 | (d)  Has completed the curriculum developed by the | 
| 418 | Department of Education and achieved a minimum score, | 
| 419 | established by rule of the board, on the nursing assistant | 
| 420 | competency examination, which consists of a written portion and | 
| 421 | skills-demonstration portion, approved by the board and | 
| 422 | administered at a site and by personnel approved by the | 
| 423 | department. | 
| 424 | Section 9.  The Department of Children and Family Services, | 
| 425 | the Agency for Health Care Administration, the Department of | 
| 426 | Elderly Affairs, the Department of Health, the Agency for | 
| 427 | Persons with Disabilities, the Department of Juvenile Justice, | 
| 428 | and the Department of Law Enforcement shall create a statewide | 
| 429 | interagency background screening workgroup for the purpose of | 
| 430 | developing a work plan for implementing a statewide system for | 
| 431 | streamlining background screening processes and sharing | 
| 432 | background screening information. | 
| 433 | (1)  The interagency workgroup shall be coordinated through | 
| 434 | the Agency for Health Care Administration and shall include | 
| 435 | representatives from each of the state agencies required to | 
| 436 | create the workgroup. | 
| 437 | (2)  The interagency workgroup shall submit a work plan for | 
| 438 | implementing a streamlined background screening system to the | 
| 439 | President of the Senate and the Speaker of the House of | 
| 440 | Representatives by November 1, 2012. | 
| 441 | (3)  The interagency workgroup work plan shall, at a | 
| 442 | minimum, address the following: | 
| 443 | (a)  The feasibility of creating a single statewide | 
| 444 | database that is accessible by all agencies participating on the | 
| 445 | workgroup. | 
| 446 | (b)  The feasibility of collocating or consolidating | 
| 447 | current screening processes. | 
| 448 | (c)  Standardized screening criteria. | 
| 449 | (d)  Consistent criminal history information. | 
| 450 | (e)  Centralized exemptions. | 
| 451 | (f)  State and national retention of prints. | 
| 452 | (g)  National rescreens. | 
| 453 | (h)  Responsibility for retained prints and resubmission. | 
| 454 | (i)  Access to information. | 
| 455 | (j)  Fees. | 
| 456 | (k)  Screening turnaround time. | 
| 457 | (l)  The need for cooperative agreements among agencies | 
| 458 | that may access information. | 
| 459 | (m)  Legal considerations and the need for legislative | 
| 460 | action necessary for accessing information by participating | 
| 461 | agencies. | 
| 462 | (n)  Guidelines for how the information shall be accessed, | 
| 463 | used, and disseminated. | 
| 464 | (o)  The organizational level at which information may be | 
| 465 | accessed and shared. | 
| 466 | (p)  The specific information to be maintained and shared | 
| 467 | through the system. | 
| 468 | (q)  Registration of employee information regarding the | 
| 469 | employment status of persons screened, including date of hire | 
| 470 | and date of separation, to facilitate notifications of arrests | 
| 471 | and dispositions to the appropriate provider. | 
| 472 | (r)  The costs of implementing the streamlined system to | 
| 473 | the state, employers, employees, and volunteers. | 
| 474 | Section 10.  This act shall take effect July 1, 2012. |