HOUSE OF REPRESENTATIVES	H.B. NO.	1308
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to fingerprinting.

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

SECTION 1. Section 321-15.2, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) The department shall adopt rules pursuant to chapter 91 to ensure the reputable and responsible character of all prospective applicants, operators, direct patient access employees, and adult volunteers of a healthcare facility, and, in the case of any healthcare facility operated in a private residence, all adults living in the home other than the clients. These rules, among other things, shall specify how the department or its designee may conduct background checks in accordance with this section[.]; provided that the department shall only require an applicant, operator, employee, or adult volunteer at the healthcare facility or, in the case of a healthcare facility operated in a private residence, any adult living in the home other than the client, to be fingerprinted in connection with the initial licensing or certification; provided further that in the case of a healthcare facility operated in a private residence, any adult living in the home other than the client who was not living in the home at the time of initial licensing or certification, shall be required to be fingerprinted once; provided further that if the licensee terminates the license and later applies for a new license, that application shall be treated similarly to the initial licensing process for purposes of the fingerprinting and background check requirements."

2. By amending subsection (f) to read:

"(f) The department may revoke or suspend a current license or certificate, impose penalties or fines, or deny an application for a license or certificate under rules adopted pursuant to chapter 91 if the applicant, operator, employee, or adult volunteer at the healthcare facility or, in the case of any healthcare facility operated in a private residence, any adult living in the home other than the client:

(1) Refuses to authorize the department or its designee to conduct a background check, refuses to authorize the department or its designee to obtain background check record information for verification, or refuses consent to be fingerprinted; provided that the department shall only require an applicant, operator, employee, or adult volunteer at the healthcare facility or, in the case of a healthcare facility operated in a private residence, any adult living in the home other than the client, to be fingerprinted in connection with the initial licensing or certification; provided further that in the case of a healthcare facility operated in a private residence, any adult living in the home other than the client, who was not living in the home at the time of initial licensing or certification, shall not be required to be fingerprinted more than once; provided further that if the licensee terminates the license and later applies for a new license, that application shall be treated similarly to the initial licensing process for purposes of the fingerprinting and background check requirements;

(2) Refuses or fails to submit to the department or its designee information required to perform a background check;

(3) Has any disqualifying information; or

(4) Has any background check information that the department finds may pose a risk to the health, safety, or welfare of the residents or patients of the healthcare facility."

SECTION 2. Section 346-97, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department or its designee shall obtain criminal history record information through the Hawaii criminal justice data center on individuals identified in subsection (b) for the first two years that an individual identified in subsection (b) is required to have such checks, and shall conduct a criminal history record name inquiry into the state criminal history records annually or biennially thereafter[.]; provided that the department shall not require an individual identified in subsection (b) to be fingerprinted as part of the criminal history record check process more than once."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2023.

INTRODUCED BY:

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Report Title:

DOH; DHS; Fingerprinting; Healthcare Facility; Criminal History Record Check

Description:

Prohibits the department of health from requiring an applicant, operator, employee, or adult volunteer at a healthcare facility or, in the case of a healthcare facility operated in a private residence, any adult living in the home other than the client, to consent to fingerprinting except in connection with the initial licensing or certification of the individual or healthcare facility. In the case of a healthcare facility operated in a private residence, any adult living in the home other than the client, who was not living in the home at the time of initial licensing of certification, shall not be required to be fingerprinted more than once. Resets initial fingerprinting and background check requirements if the licensee terminates the license and later applies for a new license. Provides that the department of human services shall not require service providers who have direct contact with individuals receiving adult services to be fingerprinted as part of the criminal history record check process more than once.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.