REPORT TITLE:
Criminal Background Check

DESCRIPTION:
Authorizes the collection of criminal history record information
for prospective employees, service providers, and sub-
contractors, who work in close proximity with clients when
providing medical, mental health, or substance abuse services.


 
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                                                        2876
THE SENATE                              S.B. NO.           
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 seeking employment with the department
 
 8 of health, providers, or sub-contractors in positions which place
 
 9 them in close proximity with clients when providing medical,
 
10 mental health, or substance abuse treatment services.  These
 
11 procedures shall include criminal history record checks.
 
12      (b)  For the purposes of this section, "criminal history
 
13 record check" means an examination or search for evidence of an
 
14 individual's criminal history by means of:
 
15      (1)  A search for the individual's fingerprints in the
 
16           Federal Bureau of Investigation criminal history record
 
17           files and, if found, an analysis and any other
 
18           information pertaining thereto; and
 

 
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 1      (2)  A criminal history record check conducted by the Hawaii
 
 2           criminal justice data center.
 
 3      (c)  Except as otherwise specified, any person seeking
 
 4 employment with the department of health, provider, or sub-
 
 5 contractor in a position which necessitates close proximity to
 
 6 clients when providing medical, mental health, or substance abuse
 
 7 services shall submit to the department of health personnel
 
 8 service or designated department subdivision the following:
 
 9      (1)  A sworn statement signed under penalty of perjury
 
10           indicating whether the individual has ever been
 
11           convicted of a crime other than a minor traffic
 
12           violation involving a fine of $  or less and details of
 
13           any conviction thereof;
 
14      (2)  Written consent for the department of health and the
 
15           designated subdivision to conduct a criminal history
 
16           record check as provided in subsection (a); and
 
17      (3)  Permission to be fingerprinted for the purpose of the
 
18           Federal Bureau of Investigation criminal history record
 
19           check.
 
20      (d)  For the purposes of this section, "provider" means any
 
21 organization or individual that intends to enter into a contract
 
22 with or is currently contracted by the department of health to
 

 
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 1 provide medical, mental health, or substance abuse treatment
 
 2 services to the department's eligible clients.
 
 3      (e)  For the purposes of this section, "sub-contractor"
 
 4 means any organization or individual that enters into a contract
 
 5 or agreement with a provider to provide medical, mental health,
 
 6 or substance abuse treatment services to the department of
 
 7 health's eligible clients.
 
 8      (f)  The department of health and its designated
 
 9 subdivisions are authorized to obtain criminal history record
 
10 information through the Hawaii criminal justice data center on
 
11 providers, sub-contractors, and prospective employees of the
 
12 department of health whose contract or employment with the
 
13 department of health necessitates placing them in close proximity
 
14 with clients when providing medical, mental health, or substance
 
15 abuse services.  Information obtained pursuant to subsections
 
16 (a), (b), (c), and this subsection shall be used exclusively by
 
17 the department of health personnel service or designated
 
18 subdivision for the purpose of determining whether a prospective
 
19 employee of the department of health, provider, or sub-contractor
 
20 whose contract or employment with the department of health
 
21 necessitates close proximity with clients when providing medical,
 
22 mental health, or substance abuse services is suitable to work
 

 
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 1 with the department of health.
 
 2      (g)  Providers and sub-contractors shall provide the names
 
 3 of existing employees to the designated department of health
 
 4 subdivision upon approval of this Act, and shall provide the
 
 5 names of new employees and sub-contractors within five days of
 
 6 employment for the purpose of complying with the criminal history
 
 7 record check.
 
 8      (h)  The Hawaii criminal justice data center may assess
 
 9 providers and sub-contractors a reasonable fee for criminal
 
10 history record checks performed.  Providers and sub-contractors
 
11 shall be responsible for payment to the Hawaii criminal justice
 
12 data center for the cost of the criminal history record checks.
 
13      (i)  The department of health may deny employment to a
 
14 prospective employee of the department who refuses to submit to
 
15 the department statements indicating criminal convictions,
 
16 refuses to provide consent to the department to conduct a
 
17 criminal history record check or obtain other criminal history
 
18 record information for verification, refuses to be fingerprinted,
 
19 or has been convicted of a crime other than a minor traffic
 
20 violation involving a fine of $  or less, the nature of which the
 
21 department finds poses a risk to the health, safety, security, or
 
22 well-being of clients receiving medical, mental health, or
 

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

 
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 1 pose a risk to the health, safety, or well-being of department of
 
 2 health clients receiving medical, mental health, or substance
 
 3 abuse services.
 
 4      (l)  For purposes of this section, denial or termination of
 
 5 employment or agreement may occur only after appropriate
 
 6 investigation, notification to the prospective employee,
 
 7 provider, or sub-contractor of results and planned action, and an
 
 8 opportunity by the prospective employee, provider, or sub-
 
 9 contractor to meet and rebut the determination of the department
 
10 to deny or terminate employment.
 
11      (m)  For the purpose of this section, notwithstanding any
 
12 other law to the contrary, the department of health shall be
 
13 exempt from section 831-3.1 and need not conduct its
 
14 investigations, notifications, or hearings in accordance with
 
15 chapter 91.
 
16      SECTION 2.  New statutory material is underscored.
 
17      SECTION 3.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY: ________________________
 

 
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