0001| HOUSE BILL 1120 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| PATSY G. TRUJILLO | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO CARE FACILITY EMPLOYMENT; PROVIDING FOR CRIMINAL | 0012| RECORDS CHECKS FOR CARE FACILITY EMPLOYEES AND JOB APPLICANTS; | 0013| PROVIDING FOR FEES; PROVIDING A PENALTY. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. SHORT TITLE.--This act may be cited as the | 0017| "Care Facility Criminal Records Screening Act". | 0018| Section 2. PURPOSE.--The purpose of the Care Facility | 0019| Criminal Records Screening Act is to ensure to the highest | 0020| degree possible the prevention of abuse and neglect of persons | 0021| in care facilities. | 0022| Section 3. CARE FACILITY EMPLOYEES--CRIMINAL RECORDS | 0023| CHECK.-- | 0024| A. It is illegal for any care facility to employ or | 0025| continue in employment any person who refuses to agree to a | 0001| criminal records check and to provide the results of that check | 0002| to the care facility. The care facility may employ a person, | 0003| for no more than sixty days, prior to receiving and reviewing | 0004| the results of the criminal records check. The care facility | 0005| may accept and use the results of a criminal records check from | 0006| a person's previous employer with the person's written | 0007| permission, provided that a records check is no more than one | 0008| year old. | 0009| B. The criminal records check shall include state | 0010| and national checks. | 0011| C. State and local law enforcement agencies may | 0012| charge and use fees to carry out required criminal records | 0013| checks. | 0014| D. For purposes of the Care Facility Criminal | 0015| Records Screening Act, "care facility" means: | 0016| (1) a skilled nursing facility; | 0017| (2) an intermediate care facility; | 0018| (3) an intermediate care facility for the | 0019| mentally retarded or mentally ill; | 0020| (4) a psychiatric facility; | 0021| (5) a rehabilitation facility; | 0022| (6) a home for the aged or disabled; | 0023| (7) a group home; | 0024| (8) an adult foster care home; | 0025| (9) a private residence that provides personal | 0001| care, sheltered care or nursing care for one or more persons; | 0002| (10) an adult daycare center; | 0003| (11) a boarding home; or | 0004| (12) an adult residential shelter care home. | 0005| Section 4. RECORD AVAILABILITY--PENALTY.--With the | 0006| permission of the employee or prospective employee of a care | 0007| facility, state and local law enforcement agencies shall | 0008| provide the results of the criminal records check to the care | 0009| facility administration to be used solely in determining | 0010| appropriate job placement or suitability for employment. An | 0011| administrator or other employee of a care facility who uses the | 0012| results of a criminal records check for any reason other than | 0013| determining appropriate job placement or suitability for | 0014| employment is guilty of a fourth degree felony and upon | 0015| conviction shall be punished by imprisonment for a definite | 0016| term not to exceed eighteen months or by a fine of not more | 0017| than five thousand dollars ($5,000) or both. | 0018| Section 5. PROHIBITIONS.-- | 0019| A. A care facility shall not hire a person if the | 0020| criminal records check required by Section 3 of the Care | 0021| Facility Criminal Records Screening Act reveals a conviction | 0022| for a felony or misdemeanor involving abuse, neglect or | 0023| exploitation. | 0024| B. This section does not preclude a care facility | 0025| or administrator or supervisory personnel from using other | 0001| convictions or information revealed by criminal records checks | 0002| as a basis for employment or personnel placement or other | 0003| personnel decisions or actions, including termination of | 0004| employment. | 0005| Section 6. IMMUNITY FROM LIABILITY.--A care facility or | 0006| an administrator or employee of a care facility acting in good | 0007| faith shall be immune from liability for implementing the | 0008| provisions of the Care Facility Criminal Records Screening Act | 0009| and for employment, placement or other personnel decisions or | 0010| actions that are taken as a result of reliance on criminal | 0011| records checks. | 0012| Section 7. REGULATIONS.--The department of health shall | 0013| establish regulations for the implementation of the Care | 0014| Facility Criminal Records Screening Act by January 1, 1998. | 0015|  State of New Mexico | 0016| House of Representatives | 0017| | 0018| FORTY-THIRD LEGISLATURE | 0019| FIRST SESSION, 1997 | 0020| | 0021| | 0022| March 4, 1997 | 0023| | 0024| | 0025| Mr. Speaker: | 0001| | 0002| Your BUSINESS AND INDUSTRY COMMITTEE, to whom | 0003| has been referred | 0004| | 0005| HOUSE BILL 1120 | 0006| | 0007| has had it under consideration and reports same with | 0008| recommendation that it DO PASS, and thence referred to the | 0009| JUDICIARY COMMITTEE. | 0010| | 0011| Respectfully submitted, | 0012| | 0013| | 0014| | 0015| | 0016| | 0017| Fred Luna, Chairman | 0018| | 0019| | 0020| Adopted Not Adopted | 0021| | 0022| (Chief Clerk) (Chief Clerk) | 0023| | 0024| Date | 0025| | 0001| The roll call vote was 9 For 0 Against | 0002| Yes: 9 | 0003| Excused: Gubbels, Hobbs, Rodella | 0004| Absent: Getty | 0005| | 0006| | 0007| G:\BILLTEXT\BILLW_97\H1120 |