Session of 2000
HOUSE BILL No. 2700
An Act concerning certain providers of care services;
employment of persons by such
providers; amending K.S.A. 1999 Supp. 39-970
and 65-5117 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp. 39-970
is hereby amended to read as
follows: 39-970. (a) (1) On and after July 1,
1998, No person shall know-
ingly operate an adult care home if, in the adult care home, there
works
any person who has been convicted of or has been adjudicated a
juvenile
offender because of having committed an act which if done by an
adult
would constitute the commission of capital murder, pursuant to
K.S.A.
21-3439 and amendments thereto, first degree murder, pursuant
to
K.S.A. 21-3401 and amendments thereto, second degree murder,
pur-
suant to subsection (a) of K.S.A. 21-3402 and amendments thereto,
vol-
untary manslaughter, pursuant to K.S.A. 21-3403 and amendments
thereto, assisting suicide pursuant to K.S.A. 21-3406 and
amendments
thereto, mistreatment of a dependent adult, pursuant to K.S.A.
21-3437
and amendments thereto, rape, pursuant to K.S.A. 21-3502 and
amend-
ments thereto, indecent liberties with a child, pursuant to K.S.A.
21-3503
and amendments thereto, aggravated indecent liberties with a child,
pur-
suant to K.S.A. 21-3504 and amendments thereto, aggravated
criminal
sodomy, pursuant to K.S.A. 21-3506 and amendments thereto,
indecent
solicitation of a child, pursuant to K.S.A. 21-3510 and
amendments
thereto, aggravated indecent solicitation of a child, pursuant to
K.S.A. 21-
3511 and amendments thereto, sexual exploitation of a child,
pursuant to
K.S.A. 21-3516 and amendments thereto, sexual battery, pursuant
to
K.S.A. 21-3517 and amendments thereto, or aggravated sexual
battery,
pursuant to K.S.A. 21-3518 and amendments thereto, an attempt to
com-
mit any of the crimes enumerated herein, pursuant to K.S.A.
21-3301 and
amendments thereto, a conspiracy to commit any of the crimes
enumer-
ated herein, pursuant to K.S.A. 21-3302 and amendments thereto,
or
criminal solicitation of any of the crimes enumerated herein
pursuant to
K.S.A. 21-3303 and amendments thereto, or similar statutes
of other states
or the federal government.
(2) On and after July 1,
1998, A person operating an adult care home
may employ an applicant who has been convicted of any of the
following
if five or more years have elapsed since the applicant satisfied
the sen-
tence imposed or was discharged from probation, a community
correc-
tional services program, parole, postrelease supervision,
conditional re-
lease or a suspended sentence; or if five or more years have
elapsed since
the applicant has been finally discharged from the custody of the
com-
missioner of juvenile justice or from probation or has been
adjudicated a
juvenile offender, whichever time is longer: A felony conviction
for a
crime which is described in: (A) article 34 of chapter 21 of the
Kansas
Statutes Annotated and amendments thereto, except those crimes
listed
in subsection (a)(1); (B) articles 35 or 36 of chapter 21 of the
Kansas
Statutes Annotated and amendments thereto, except those crimes
listed
in subsection (a)(1) and K.S.A. 21-3605 and amendments thereto; (C)
a
conviction of an attempt under K.S.A. 21-3301 and
amendments thereto
to commit any act listed in this subsection or subsection
(a)(1); or (D) an
attempt to commit any of the crimes enumerated herein, pursuant
to
K.S.A. 21-3301 and amendments thereto; (D) a conspiracy to
commit any
of the crimes enumerated herein, pursuant to K.S.A. 21-3302 and
amend-
ments thereto; or (E) similar statutes of other states or
the federal gov-
ernment.
(b) No person shall operate an adult care
home if such person has
been found to be a disabled person in need of a guardian or
conservator,
or both.
(c) (1) The secretary of
health and environment shall have access to
any criminal history record information in the possession of the
Kansas
bureau of investigation concerning persons working in an adult
care
home. The secretary shall have access to these records for the
purpose
of determining whether or not the adult care home meets the
require-
ments of this section. The Kansas bureau of investigation may
charge to
the department of health and environment a reasonable fee for
providing
criminal history record information under this subsection.
(2) The operator of an adult care home
shall be deemed in compliance
with this section provided that the operator obtains the same or
better
criminal history record information from a private contractor
approved
by the Kansas bureau of investigation. If a private contractor
determines
that a person is prohibited from working in an adult care home
under
this section, the private contractor shall notify the department
of health
and environment of such person's name and the reasons for such
deter-
mination.
(d) For the purpose of complying with
this section, the operator of
an adult care home shall request from the department of health
and
environment information obtained by the secretary of health and
envi-
ronment, or information from an approved private contractor,
which re-
lates to a person who works in the adult care home, or is being
considered
for employment by the adult care home, for the purpose of
determining
whether such person is subject to the provision of this section.
For the
purpose of complying with this section, the operator of an adult
care home
shall receive from any employment agency which provides employees
to
work in the adult care home written certification that such
employees are
not prohibited from working in the adult care home under this
section.
For the purpose of complying with this section, information
relating to
convictions and adjudications by the federal government or to
convictions
and adjudications in states other than Kansas shall not be required
until
such time as the secretary of health and environment determines
the
search for such information could reasonably be performed and the
in-
formation obtained within a two-week period. For the purpose of
com-
plying with this section, a person who operates an adult care home
may
hire an applicant for employment on a conditional basis pending the
re-
sults from the department of health and environment of a request
for
information under this subsection. No adult care home, the operator
or
employees of an adult care home or an employment agency, or the
op-
erator or employees of an employment agency, shall be liable for
civil
damages resulting from any decision to employ, to refuse to employ
or
to discharge from employment any person based on such adult
care
home's compliance with the provisions of this section if such adult
care
home or employment agency acts in good faith to comply with this
sec-
tion.
(e) The secretary of health and
environment shall charge each person
requesting information under this section a fee equal to cost, not
to ex-
ceed $10, for each name about which an information request has
been
submitted to the department under this section.
(f) No person who works for an adult care
home and who is currently
licensed or registered by an agency of this state to provide
professional
services in the state and who provides such services as part of the
work
which such person performs for the adult care home shall be subject
to
the provisions of this section.
(g) (1) The secretary of health
and environment shall provide each
person requesting information under this section with the
criminal history
record information provided by the Kansas bureau of
investigation, in-
cluding any felony convictions of offenses other than those
enumerated in
subsection (a), regardless of whether the information discloses
that the
subject of the request has been convicted of an offense
enumerated in
subsection (a) of this section.
(2) The secretary of health and
environment shall provide each per-
son requesting information under this section with the criminal
history
record information within three business days of receipt of such
infor-
mation from the Kansas bureau of investigation.
(3) The secretary of health and
environment shall provide each per-
son requesting information under this section, in writing and
within three
business days after receipt of such information from the Kansas
bureau
of investigation, whenever the criminal history record
information reveals
that the subject of the request has not been convicted of an
offense enu-
merated in subsection (a) of this section.
(g) (h) A person
who volunteers in an adult care home shall not be
subject to the provisions of this section because of such volunteer
activity.
(h) (i) No person
who has been employed by the same adult care
home for five consecutive years immediately prior to the effective
date
of this act shall be subject to the provisions of this section
while employed
by such adult care home.
(i) (j) The
operator of an adult care home shall not be required under
this section to conduct a background check on an applicant for
employ-
ment with the adult care home if the applicant has been the subject
of a
background check under this act within one year prior to the
application
for employment with the adult care home. The operator of an adult
care
home where the applicant was the subject of such background check
may
release a copy of such background check to the operator of an adult
care
home where the applicant is currently applying.
(j) (k) No person
who is in the custody of the secretary of corrections
and who provides services, under direct supervision in nonpatient
areas,
on the grounds or other areas designated by the superintendent of
the
Kansas soldiers' home or the Kansas veterans' home shall be subject
to
the provisions of this section while providing such services.
(k) (l) This
section shall be part of and supplemental to the adult
care home licensure act.
Sec. 2. K.S.A. 1999 Supp. 65-5117
is hereby amended to read as
follows: 65-5117. (a) (1) On and after July 1,
1998, No person shall know-
ingly operate a home health agency if, for the home health agency,
there
works any person who has been convicted of or has been adjudicated
a
juvenile offender because of having committed an act which if done
by
an adult would constitute the commission of capital murder,
pursuant to
K.S.A. 21-3439 and amendments thereto, first degree murder,
pursuant
to K.S.A. 21-3401 and amendments thereto, second degree murder,
pur-
suant to subsection (a) of K.S.A. 21-3402 and amendments thereto,
vol-
untary manslaughter, pursuant to K.S.A. 21-3403 and amendments
thereto, assisting suicide, pursuant to K.S.A. 21-3406 and
amendments
thereto, mistreatment of a dependent adult, pursuant to K.S.A.
21-3437
and amendments thereto, rape, pursuant to K.S.A. 21-3502 and
amend-
ments thereto, indecent liberties with a child, pursuant to K.S.A.
21-3503
and amendments thereto, aggravated indecent liberties with a child,
pur-
suant to K.S.A. 21-3504 and amendments thereto, aggravated
criminal
sodomy, pursuant to K.S.A. 21-3506 and amendments thereto,
indecent
solicitation of a child, pursuant to K.S.A. 21-3510 and
amendments
thereto, aggravated indecent solicitation of a child, pursuant to
K.S.A. 21-
3511 and amendments thereto, sexual exploitation of a child,
pursuant to
K.S.A. 21-3516 and amendments thereto, sexual battery, pursuant
to
K.S.A. 21-3517 and amendments thereto, or aggravated sexual
battery,
pursuant to K.S.A. 21-3518 and amendments thereto, an attempt to
com-
mit any of the crimes enumerated herein, pursuant to K.S.A.
21-3301 and
amendments thereto, a conspiracy to commit any of the crimes
enumer-
ated herein, pursuant to K.S.A. 21-3302 and amendments thereto,
or
criminal solicitation of any of the crimes enumerated herein
pursuant to
K.S.A. 21-3303 and amendments thereto, or similar statutes
of other states
or the federal government.
(2) On and after July 1,
1998, A person operating a home health
agency may employ an applicant who has been convicted of any of
the
following if five or more years have elapsed since the applicant
satisfied
the sentence imposed or was discharged from probation, a
community
correctional services program, parole, postrelease supervision,
conditional
release or a suspended sentence; or if five or more years have
elapsed
since the applicant has been finally discharged from the custody of
the
commissioner of juvenile justice or from probation or has been
adjudi-
cated a juvenile offender, whichever time is longer: A felony
conviction
for a crime which is described in: (A) article 34 of the Kansas
Statutes
Annotated and amendments thereto, except those crimes listed in
sub-
section (a)(1); (B) articles 35 or 36 of chapter 21 of the Kansas
Statutes
Annotated and amendments thereto, except those crimes listed in
sub-
section (a)(1) and K.S.A. 21-3605 and amendments thereto; (C)
a con-
viction of an attempt under K.S.A. 21-3301 and amendments
thereto to
commit any act listed in this subsection or subsection
(a)(1); or (D) an
attempt to commit any of the crimes enumerated herein, pursuant
to
K.S.A. 21-3301 and amendments thereto; (D) a conspiracy to
commit any
of the crimes enumerated herein, pursuant to K.S.A. 21-3302 and
amend-
ments thereto; or (E) similar statutes of other states or
the federal gov-
ernment.
(b) No person shall operate a home health
agency if such person has
been found to be a disabled person in need of a guardian or
conservator,
or both.
(c) (1) The secretary of
health and environment shall have access to
any criminal history record information in the possession of the
Kansas
bureau of investigation concerning persons working for a home
health
agency. The secretary shall have access to these records for the
purpose
of determining whether or not the home health agency meets the
require-
ments of this section. The Kansas bureau of investigation may
charge to
the department of health and environment a reasonable fee for
providing
criminal history record information under this subsection.
(2) The operator of a home health
agency shall be deemed in com-
pliance with this section provided that the operator obtains the
same or
better criminal history record information from a private
contractor ap-
proved by the Kansas bureau of investigation. If a private
contractor
determines that a person is prohibited from working in an adult
care home
under this section, the private contractor shall notify the
department of
health and environment of such person's name and the reasons for
such
determination.
(d) For the purpose of complying with
this section, the operator of
a home health agency shall request from the department of health
and
environment information obtained by the secretary of health and
envi-
ronment, or information from an approved private contractor,
which re-
lates to a person who works for the home health agency or is being
con-
sidered for employment by the home health agency, for the purpose
of
determining whether such person is subject to the provisions of
this sec-
tion. For the purpose of complying with this section, information
relating
to convictions and adjudications by the federal government or to
convic-
tions and adjudications in states other than Kansas shall not be
required
until such time as the secretary of health and environment
determines
the search for such information could reasonably be performed and
the
information obtained within a two-week period. For the purpose of
com-
plying with this section, a person who operates a home health
agency may
hire an applicant for employment on a conditional basis pending the
re-
sults from the department of health and environment of a request
for
information under this subsection. No home health agency, the
operator
or employees of a home health agency or an employment agency, or
the
operator or employees of an employment agency, which provides
em-
ployees to work for the home health agency shall be liable for
civil dam-
ages resulting from any decision to employ, to refuse to employ or
to
discharge from employment any person based on such home health
agency's compliance with the provisions of this section if such
home
health agency or employment agency acts in good faith to comply
with
this section.
(e) The secretary of health and
environment shall charge each person
requesting information under this section a fee equal to cost, not
to ex-
ceed $10, for each name about which an information request has
been
submitted under this section.
(f) No person who works for a home health
agency and who is cur-
rently licensed or registered by an agency of this state to provide
profes-
sional services in this state and who provides such services as
part of the
work which such person performs for the home health agency shall
be
subject to the provisions of this section.
(g) (1) The secretary of health
and environment shall provide each
person requesting information under this section with the
criminal history
record information provided by the Kansas bureau of
investigation, in-
cluding any felony convictions of offenses other than those
enumerated in
subsection (a), regardless of whether the information discloses
that the
subject of the request has been convicted of an offense
enumerated in
subsection (a) of this section.
(2) The secretary of health and
environment shall provide each per-
son requesting information under this section with the criminal
history
record information within three business days of receipt of such
infor-
mation from the Kansas bureau of investigation.
(3) The secretary of health and
environment shall provide each per-
son requesting information under this section, in writing and
within three
business days after receipt of such information from the Kansas
bureau
of investigation, whenever the criminal history record
information reveals
that the subject of the request has not been convicted of an
offense enu-
merated in subsection (a) of this section.
(g) (h) A person
who volunteers to assist a home health agency shall
not be subject to the provisions of this section because of such
volunteer
activity.
(h) (i) No person
who has been employed by the same home health
agency for five consecutive years immediately prior to the
effective date
of this act shall be subject to the requirements of this section
while em-
ployed by such home health agency.
(i) (j) The
operator of a home health agency shall not be required
under this section to conduct a background check on an applicant
for
employment with the home health agency if the applicant has been
the
subject of a background check under this act within one year prior
to the
application for employment with the home health agency. The
operator
of a home health agency where the applicant was the subject of
such
background check may release a copy of such background check to
the
operator of a home health agency where the applicant is currently
apply-
ing.
(j) (k) This
section shall be part of and supplemental to the provisions
of article 51 of chapter 65 of the Kansas Statutes Annotated and
acts
amendatory thereof or supplemental thereto.
Sec. 3. K.S.A. 1999 Supp.
39-970 and 65-5117 are hereby repealed.
Sec. 4. This act shall
take effect and be in force from and after its
publication in the statute book.