| 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 of law 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, and teachers 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 of this 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), and 409.175(6), and 943.13(7), are shall not be |
| 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 or has 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, or other 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 meets one 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. |