Bill Text: HI HB1308 | 2024 | Regular Session | Introduced
Bill Title: Relating To Fingerprinting.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB1308 Detail]
Download: Hawaii-2024-HB1308-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1308 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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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.
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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.
