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ENGROSSED SENATE
BILL NO. 369 By: Garvin of the Senate
and
McEntire of the House
An Act relating to long-term care; amending 63 O.S.
2021, Section 1-1950.1, which relates to criminal
history background check for nurse aide; modifying
time period of certain requirement; modifying certain
restrictions on employment; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1950.1, is
amended to read as follows:
Section 1-1950.1. A. For purposes of this section:
1. “Nurse aide” means any person who provides, for
compensation, nursing care or h ealth-related services to residents
in a nursing facility, a specialized facility, a residential care
home, continuum of care facility, assisted living center or an adult
day care center and who is not a licensed health profess ional. Such
term also means any person who provides such services to individuals
in their own homes as an employe e or contract provider of a home
health or home care agency, or as a contract provider o f the
Medicaid State Plan Personal Care Program;
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2. “Employer” means any of the following facilities, homes,
agencies or programs which are subject to the provision of this
section:
a. a nursing facility or specialized facility as such
terms are defined in the Nursing Home Care Act,
b. a residential care hom e as such term is defined by the
Residential Care Act,
c. an adult day care center as such term is defined in
the Adult Day Care Act,
d. an assisted living center as such term is defined by
the Continuum of Care and Assisted Living Act,
e. a continuum of care facility as such term is defined
by the Continuum of Care and Assisted Living Act,
f. a home health or home ca re agency,
g. the Department of Human Services, in its capacity as
an operator of any ho spital or health care institution
or as a contractor w ith providers under the Medic aid
State Plan Personal Care Program,
h. any facility operated by the Oklahoma Depart ment of
Veterans Affairs, and
i. any facility approved and annually reviewed by the
United States Department of Veterans Affairs as a
medical foster home in which care is provided
exclusively to three or fewer veterans;
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3. “Home health or home care agency ” means any person,
partnership, association, corporation or other organization which
administers, offers or provides health care services or supportive
assistance for compensation to three or more ill, disabled, or
infirm persons in the temporary or perma nent residence of such
persons, and includes any subunits or branch offices of a parent
home health or home care agency;
4. “Bureau” means the Oklahoma State Bureau of In vestigation;
and
5. “Completion of the sentence” means the last day of the
entire term of the incarceration imposed by the sentence including
any term that is deferred, su spended or subject to parole.
B. Before any employer makes an offer to employ or to contract
with a nurse aide begins employment or a contract to provide nursing
care, health-related services or supportive assistance to any
individual, the employer shall provide for a criminal history
background check to be m ade on the nurse aide pursuan t to the
provisions of the Long-Term Care Security Act. If the employer is a
facility, home or institution which is part of a larger complex of
buildings, the requirement of a criminal history background check
shall apply only to an offer of employment or contract made to a
person who will work pr imarily in the immediate boundaries of the
facility, home, or institution.
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Where the provisions of the Long -Term Care Security Act
pertaining to registry screenin gs and national crimin al history
record check checks are not in effect pending an effective date
established in rulemaking, an employer is authorized to obtain any
criminal history background records maintained by the Bureau
pursuant to the following:
1. The employer shall request the Bureau to conduct a criminal
history background check on the nurse aid e and shall provide to the
Bureau any relevant information required by the Bureau to conduct
the check. The employer shall pay a fee of Fifteen Dollars ($15.00)
to the Bureau for each criminal history back ground check that is
conducted pursuant to such a request;
2. An employer may make an offer of temporary employment to a
nurse aide pending the results of the criminal history background
check. The employer in such instance shall provide to the Bureau
the name and relevant information relating to the pe rson within
seventy-two (72) hours after the date the person accepts temporary
employment. The employer shall not hire or contract with the nurse
aide on a permanent basis until the results of the criminal history
background check are received;
3. An employer may accept a criminal history background report
less than one (1) year old of a person to whom such employer makes
an offer of employment. The report shall be obtained from the
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previous employer or c ontractor of such person and shall only be
obtained upon the written consent of such person; and
4. Every employer while subject to the provisions of this
subsection shall inform each applicant for employment, o r each
prospective contract provider, as app licable, that the employer is
required to obtain a criminal history background record before
making an offer of permanent employment or contract to a nurse aide.
C. 1. If the results of a criminal history backg round check
reveal that the subject person h as been convicted of, pled guilty or
no contest to, or received a deferred sentence for, a felony or
misdemeanor offense for any of the following offenses in any state
or federal jurisdiction, the employer shall not hire or contract
with the person:
a. abuse, neglect, or financial exploitation of any
person entrusted to the care or possession of such
person,
b. rape, incest, or sodomy, or any crime that resulted in
the person being registered on a sex offender registry
at any time,
c. child abuse,
d. murder or attempted murder,
e. manslaughter,
f. kidnapping,
g. human trafficking,
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h. aggravated assault and battery,
h. i. assault and battery with a dan gerous weapon, or
i. j. arson in the first degree.
2. If less than seven (7) five (5) years have elapsed sin ce the
completion of sentence, and the results of a criminal history check
reveal that the subject person has been convicted of, or pled guilty
or no contest to, a felony or misdemeanor offense for any of t he
following offenses, in any state or federal jur isdiction, the
employer shall not hire or contract with the person:
a. assault,
b. battery,
c. indecent exposure and indecent exhibition, except
where such offense disqualifies the applicant as a
registered sex offender,
d. pandering,
e. burglary in the first or second degree,
f. robbery in the first or second degree,
g. robbery or attempted robbery with a dangerous weapon,
or imitation firearm,
h. arson in the second degree,
i. unlawful manufacture , distribution, prescription, or
dispensing of a Schedule I through V drug as defined
by the Uniform Controlled Dangerous Substances Act,
j. grand larceny, or
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k. petit larceny or shop lifting.
D. An employer shall not employ or continue employing a person
addicted to any Schedule I thr ough V drug as specified by the
Uniform Controlled Dangerous Substances Act unless the person
produces evidence tha t the person has successfully complete d a drug
rehabilitation program.
E. All employment eligibility determination reco rds received by
the employer pursuant to this section are confidential and are for
the exclusive use of the State D epartment of Health a nd the employer
which requested the in formation. Except on court order or with the
written consent of the person being investigated, the rec ords shall
not be released or otherwise disclosed to any other person or
agency. These record s shall be destroyed after one (1) year from
the end of employment of the person to whom such records relate.
F. As part of the inspections required by the Nursi ng Home Care
Act, Continuum of Care and Assisted Living Act, the Residential Care
Act, and the Adult Day Care Act, the State Department of Health
shall review the employment files of any facility, home or
institution required to obtain a criminal history b ackground
determination to ensure such facilities, homes or institutions are
in compliance with the provisions of t his section.
SECTION 2. This act shall become effective November 1, 202 3.
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Passed the Senate the 20th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives