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A207, R260, S1078
STATUS INFORMATION
General Bill
Sponsors: Senators Jackson, Knotts, Courson, Ryberg, Nicholson, Sheheen, Thomas, Rose, Campbell, Malloy, Ford, L. Martin, Hayes, Verdin, Davis, Leventis and Cromer
Document Path: l:\council\bills\nbd\11643ac10.docx
Introduced in the Senate on January 21, 2010
Introduced in the House on March 23, 2010
Last Amended on May 18, 2010
Passed by the General Assembly on May 26, 2010
Governor's Action: June 7, 2010, Signed
Summary: Residential care facility
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/21/2010 Senate Introduced and read first time SJ-4
1/21/2010 Senate Referred to Committee on Medical Affairs SJ-4
3/10/2010 Senate Committee report: Favorable with amendment Medical
Affairs SJ-13
3/11/2010 Scrivener's error corrected
3/17/2010 Senate Committee Amendment Amended and Adopted SJ-19
3/17/2010 Senate Read second time SJ-19
3/18/2010 Senate Read third time and sent to House SJ-7
3/23/2010 House Introduced and read first time HJ-35
3/23/2010 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-35
5/6/2010 House Committee report: Favorable with amendment Medical,
Military, Public and Municipal Affairs HJ-5
5/7/2010 Scrivener's error corrected
5/12/2010 House Debate adjourned until Tuesday, May 18, 2010 HJ-105
5/18/2010 House Amended HJ-53
5/18/2010 House Read second time HJ-53
5/19/2010 House Read third time and returned to Senate with amendments
HJ-9
5/26/2010 Senate Concurred in House amendment and enrolled SJ-100
6/1/2010 Ratified R 260
6/7/2010 Signed By Governor
6/11/2010 Effective date 06/07/10
6/15/2010 Act No. 207
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/21/2010
3/10/2010
3/11/2010
3/17/2010
5/6/2010
5/7/2010
5/18/2010
(A207, R260, S1078)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-264 SO AS TO REQUIRE THE OWNER OF A NURSING HOME OR A COMMUNITY RESIDENTIAL CARE FACILITY TO UNDERGO STATE AND NATIONAL CRIMINAL RECORDS CHECKS AS A REQUIREMENT OF LICENSURE AND TO ENUMERATE THOSE CRIMES THAT PRECLUDE LICENSURE; AND TO AMEND SECTION 44-7-2910, AS AMENDED, RELATING TO THE DEFINITION OF "DIRECT CARE ENTITY" AS USED IN CONNECTION WITH CONDUCTING CRIMINAL RECORDS CHECKS OF DIRECT CARE STAFF.
Be it enacted by the General Assembly of the State of South Carolina:
Criminal records checks required for nursing home and community residential care licensure
SECTION 1. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-264. (A) To obtain a license to operate a nursing home or a community residential care facility the person, or persons, required to sign the application for licensure pursuant to Section 44-7-270 shall undergo a state and national fingerprint-based criminal records check.
(B)(1) A nursing home license or community residential care facility license must not be issued to the applicant, and if issued, may be revoked, if the person or any one of the persons required to undergo a criminal records check pursuant to subsection (A) is required to register under the sex offender registry pursuant to Section 23-3-430 or has been convicted of:
(a) abuse, neglect, or exploitation of a child or vulnerable adult, as defined in Section 43-35-10;
(b) any violent crime, as defined in Section 16-1-60;
(c) any other drug related felony;
(d) forgery, embezzlement, or breach of trust with fraudulent intent, as classified in Section 16-1-90(E); or
(e) a criminal offense similar in nature to the crimes listed in this subsection committed in another jurisdiction or under federal law.
(2) This section does not prohibit obtaining licensure when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in this section has been pardoned. However, notwithstanding the entry of a pardon, the department may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited for licensure for a community residential care facility.
(C) Criminal records checks required pursuant to this section must consist of a fingerprint-based records check conducted by the South Carolina Law Enforcement Division (SLED) for the state check and a fingerprint-based records check conducted by the Federal Bureau of Investigation (FBI) for the national check. An applicant shall submit with the criminal records check application one complete set of the applicant's fingerprints in a manner specified by SLED. Fingerprints submitted to SLED pursuant to this section must be collected in a manner specified by SLED and must be used to conduct a state criminal records check by SLED and to facilitate a national criminal records check by the FBI. SLED is authorized to retain the fingerprints for licensing purposes and for notification of the department regarding criminal charges. The actual cost of obtaining state and national criminal records checks by SLED and the FBI must be paid by the licensure applicant directly to the required entity as specified by SLED."
Definition revised
SECTION 2. Section 44-7-2910(B)(1) of the 1976 Code, as last amended by Act 301 of 2006, is further amended to read:
"(1) 'Direct care entity' means:
(a) a nursing home, as defined in Section 44-7-130;
(b) a daycare facility for adults, as defined in Section 44-7-130;
(c) a home health agency, as defined in Section 44-69-20;
(d) a community residential care facility, as defined in Section 44-7-130;
(e) a residential program operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs;
(f) residential treatment facilities for children and adolescents;
(g) hospice programs."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 1st day of June, 2010.
Approved the 7th day of June, 2010.
This web page was last updated on Friday, August 16, 2013 at 1:56 P.M.