REPORT TITLE:
DOH Background Checks

DESCRIPTION:
Authorizes the department of health to obtain criminal history
record information for existing and prospective employees
providing non-witnessed direct treatment or care to clients
receiving medical, mental health, or substance abuse services.
(HB2535 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2535
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CRIMINAL BACKGROUND CHECKS FOR THE DEPARTMENT OF
  HEALTH.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended
 
 2 by adding to part I a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§321-    Criminal background checks for the department of
 
 5 health.  (a)  The department of health shall develop procedures
 
 6 for obtaining verifiable information regarding the criminal
 
 7 history of persons who are employed or seeking employment with
 
 8 the department of health, providers, or subcontractors in
 
 9 positions that place them in direct contact with clients when
 
10 providing non-witnessed direct medical, mental health, or
 
11 substance abuse treatment services.  These procedures shall
 
12 include criminal history record checks.
 
13      (b)  Except as otherwise specified, any person seeking
 
14 employment with the department of health, provider, or
 
15 subcontractor in a position that necessitates direct contact with
 
16 clients when providing non-witnessed direct medical, mental
 
17 health, or substance abuse services shall submit to the
 
18 department of health personnel service or designated department
 
19 subdivision the following:
 

 
Page 2                                                     2535
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  A sworn statement signed under penalty of perjury
 
 2           indicating whether the individual has ever been
 
 3           convicted of a crime other than a minor traffic
 
 4           violation involving a fine of $  or less and details of
 
 5           any conviction thereof;
 
 6      (2)  Written consent for the department of health and the
 
 7           designated subdivision to conduct a criminal history
 
 8           record check as provided in subsection (a); and
 
 9      (3)  Permission to be fingerprinted for the purpose of the
 
10           Federal Bureau of Investigation criminal history record
 
11           check.
 
12      (c)  The department of health and its designated
 
13 subdivisions are authorized to obtain criminal history record
 
14 information through the Hawaii criminal justice data center on
 
15 providers, subcontractors, and prospective employees of the
 
16 department of health whose contract or employment with the
 
17 department of health necessitates placing them in direct contact
 
18 with clients when providing non-witnessed direct medical, mental
 
19 health, or substance abuse services.  Information obtained
 
20 pursuant to subsections (a) and (b) and this subsection shall be
 
21 used exclusively by the department of health personnel service or
 
22 designated subdivision for the purpose of determining whether a
 
23 prospective employee of the department of health, provider, or
 

 
Page 3                                                     2535
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 subcontractor whose contract or employment with the department of
 
 2 health necessitates close proximity with clients when providing
 
 3 non-witnessed direct medical, mental health, or substance abuse
 
 4 services is suitable to work with the department of health.
 
 5      (d)  Providers and subcontractors shall provide the names of
 
 6 existing employees to the designated department of health
 
 7 subdivision upon approval of this Act, and shall provide the
 
 8 names of new employees and subcontractors within five days of
 
 9 employment for the purpose of complying with the criminal history
 
10 record check.
 
11      (e)  The Hawaii criminal justice data center may assess
 
12 providers and subcontractors a reasonable fee for criminal
 
13 history record checks performed.  Providers and subcontractors
 
14 shall be responsible for payment to the Hawaii criminal justice
 
15 data center for the cost of the criminal history record checks.
 
16      (f)  The department of health may deny employment to a
 
17 prospective employee of the department who refuses to submit to
 
18 the department statements indicating criminal convictions,
 
19 refuses to provide consent to the department to conduct a
 
20 criminal history record check or obtain other criminal history
 
21 record information for verification, refuses to be fingerprinted,
 
22 or has been convicted of a crime other than a minor traffic
 
23 violation involving a fine of $  or less, the nature of which the
 

 
Page 4                                                     2535
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 department finds poses a risk to the health, safety, security, or
 
 2 well-being of clients receiving non-witnessed direct medical,
 
 3 mental health, or substance abuse services.
 
 4      (g) The department of health may terminate the employment of
 
 5 an employee whose employment necessitates placing them in direct
 
 6 contact with clients when providing non-witnessed direct medical,
 
 7 mental health, or substance abuse services if the employee has
 
 8 been convicted of a crime other than a minor traffic violation
 
 9 involving a fine of $  or less and the department finds that the
 
10 criminal history record of the employee may pose a risk to the
 
11 health, safety, security, or well-being of department of health
 
12 clients receiving non-witnessed direct medical, mental health, or
 
13 substance abuse services.
 
14      (h)  The department of health may deny a contract or
 
15 agreement to a provider or subcontractor who refuses to submit to
 
16 the designated department subdivision statements indicating
 
17 criminal convictions, refuses to provide consent to the
 
18 department to conduct a criminal history record check or obtain
 
19 other criminal history record information for verification,
 
20 refuses to be fingerprinted, or has been convicted of a crime
 
21 other than a minor traffic violation involving a fine of $      
 
22 or less, the nature of which the department finds poses a risk to
 

 
 
 
Page 5                                                     2535
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 the health, safety, security, or well-being of clients receiving
 
 2 non-witnessed direct medical, mental health, or substance abuse
 
 3 services.
 
 4      (i)  The department of health may require that the provider
 
 5 or subcontractor terminate the employment of an employee to
 
 6 maintain the contract between the department of health and the
 
 7 provider or subcontractor if the employee has been convicted of a
 
 8 crime other than a minor traffic violation involving a fine of
 
 9 $       or less, the nature of which the department finds poses a
 
10 risk to the health, safety, security, or well-being of clients
 
11 receiving non-witnessed direct medical, mental health, or
 
12 substance abuse services or the department finds that a criminal
 
13 history record of the employee indicates that the employee may
 
14 pose a risk to the health, safety, security, or well-being of
 
15 department of health clients receiving non-witnessed direct
 
16 medical, mental health, or substance abuse services.
 
17      (j)  For purposes of this section, denial or termination of
 
18 employment or agreement may occur only after appropriate
 
19 investigation, notification to the employee or prospective
 
20 employee, provider, or subcontractor of results and planned
 
21 action, and an opportunity by the prospective employee, provider,
 
22 or subcontractor to meet and rebut the determination of the
 
23 department to deny or terminate employment.
 

 
Page 6                                                     2535
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (k)  Notwithstanding any law to the contrary, the department
 
 2 of health shall be exempt from section 831-3.1 and need not
 
 3 conduct its investigations, notifications, or hearings in
 
 4 accordance with chapter 91.
 
 5      (l)  For the purpose of this section, background checks will
 
 6 be conducted first for all providers and subcontractors, and
 
 7 those employees not employed by the department of health
 
 8 continuously on a salaried basis prior to July 1, 1990, followed
 
 9 by all other employees of the department of health.
 
10      (m)  For the purposes of this section:
 
11      "Criminal history record check" means an examination or
 
12 search for evidence of an individual's criminal history by means
 
13 of:
 
14      (1)  A search for the individual's fingerprints in the
 
15           Federal Bureau of Investigation criminal history record
 
16           files and, if found, an analysis and any other
 
17           information pertaining thereto; and
 
18      (2)  A criminal history record check conducted by the Hawaii
 
19           criminal justice data center.
 
20      "Provider" means any organization or individual that intends
 
21 to enter into a contract with or is currently contracted by the
 
22 department of health to provide direct medical, mental health, or
 
23 substance abuse treatment services to the department's eligible
 
24 clients.
 

 
Page 7                                                     2535
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "Subcontractor" means any organization or individual that
 
 2 enters into a contract or agreement with a provider to provide
 
 3 direct medical, mental health, or substance abuse treatment
 
 4 services to the department of health's eligible clients."
 
 5      SECTION 2.  New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect upon its approval.