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As Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 18 |
REPRESENTATIVES TAYLOR-GARDNER-TERWILLEGER-FOX-GARCIA-MASON-
MYERS-PRENTISS-CORBIN-THOMPSON-VESPER-HARRIS-O'BRIEN-ROMAN-
JOHNSON-METZGER-AMSTUTZ-OLMAN-MOTTL-REID-
SENATORS CUPP-BLESSING
A BILL
To amend sections 173.41, 3701.881, 3712.09, 3721.121, and 3722.151 and to
enact section 109.97 of the Revised Code
to require the Attorney General to annually
prepare and file
with specified individuals a capital case status
report
and to modify
the law requiring criminal records checks of applicants for
positions with specified entities that involve the provision of
direct care to an older adult by permitting in specified
circumstances the conditional employment of an applicant for
such a position who is referred by an employment service, by waiving the
criminal records check requirement under the "personal character standards"
exception for a person who is referred by an employment service but has been
convicted of a disqualifying offense, and by
making available to persons involved in a case dealing with
employment or unemployment benefits of the applicant the report
of such a criminal records check.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 173.41, 3701.881, 3712.09, 3721.121, and 3722.151 be
amended and section 109.97 of the Revised Code be enacted to
read as follows:
Sec. 109.97. (A) AS USED IN THIS SECTION:
(1) "COMMUTATION," "PARDON," "PRISONER," AND "STATE
CORRECTIONAL INSTITUTION" HAVE THE SAME MEANINGS AS IN SECTION
2967.01 OF THE REVISED
CODE.
(2) "INDIVIDUAL'S PRESENT LEGAL STATUS" MEANS WHICHEVER OF THE FOLLOWING
CIRCUMSTANCES APPLY ON THE THIRTY-FIRST
DAY OF DECEMBER OF THE CALENDAR
YEAR COVERED BY A CAPITAL CASE STATUS REPORT
DESCRIBED IN DIVISIONS (B) AND
(C) OF THIS SECTION TO AN INDIVIDUAL WHO WAS SENTENCED TO DEATH
PURSUANT TO SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 of the Revised Code FOR AN
AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981:
(a) THE INDIVIDUAL WAS EXECUTED IN ACCORDANCE WITH
SECTION 2949.22 of the Revised Code FOR THE AGGRAVATED MURDER, OR THE INDIVIDUAL
OTHERWISE IS DECEASED.
(b) THE INDIVIDUAL CONTINUES TO BE CONFINED IN A STATE
CORRECTIONAL INSTITUTION WAITING FOR
THE EXECUTION OF THE SENTENCE OF DEATH.
(c) THE INDIVIDUAL HAS BEEN RELEASED FROM
CONFINEMENT IN A STATE CORRECTIONAL INSTITUTION PURSUANT TO A PARDON GRANTED
IN CONNECTION WITH THE AGGRAVATED MURDER, OR THE INDIVIDUAL HAS BEEN GRANTED A
COMMUTATION IN CONNECTION WITH THE AGGRAVATED MURDER AND HAS BEEN RELEASED
FROM CONFINEMENT OR IS SERVING A PRISON TERM OR SENTENCE OF IMPRISONMENT
PURSUANT TO THE COMMUTATION.
(d) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED OR
REVERSED ON APPEAL OR PURSUANT TO DIVISION (C) OF SECTION 2929.05
of the Revised Code OR OTHERWISE HAS BEEN RELIEVED OF THE SENTENCE OF DEATH
BY A COURT OF THIS STATE OR THE UNITED STATES.
(e) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED AS
DESCRIBED IN SECTION 2929.06 OF THE REVISED CODE OR
OTHERWISE, THE INDIVIDUAL HAS BEEN RESENTENCED PURSUANT TO THAT SECTION OR
OTHERWISE TO A SENTENCE OTHER THAN A SENTENCE OF DEATH, AND THE INDIVIDUAL IS
A
PRISONER SERVING A PRISON TERM OR SENTENCE OF IMPRISONMENT IN A STATE
CORRECTIONAL INSTITUTION.
(f) THE INDIVIDUAL IS CONFINED IN A
CORRECTIONAL INSTITUTION OF ANOTHER STATE OR THE
UNITED STATES FOR THE COMMISSION OF
ANOTHER OFFENSE OR HAS BEEN EXECUTED IN ACCORDANCE WITH A SENTENCE
OF DEATH IMPOSED BY A COURT OF ANOTHER STATE OR THE
UNITED STATES FOR THE COMMISSION OF
ANOTHER OFFENSE.
(g) THE INDIVIDUAL HAS ESCAPED FROM CONFINEMENT IN A STATE
CORRECTIONAL INSTITUTION OR A CORRECTIONAL INSTITUTION OF
ANOTHER STATE OR THE UNITED STATES AND CURRENTLY IS
AT-LARGE.
(B) THE ATTORNEY GENERAL
ANNUALLY SHALL PREPARE OR CAUSE TO BE PREPARED A CAPITAL CASE
STATUS REPORT THAT PERTAINS TO ALL
INDIVIDUALS WHO WERE SENTENCED TO DEATH PURSUANT TO SECTIONS 2929.02 TO
2929.04
OR SECTION 2929.06 of the Revised Code FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER
OCTOBER 19, 1981, AND THAT
CONTAINS FOR EACH OF THOSE INDIVIDUALS THE INFORMATION DESCRIBED IN DIVISION
(C)(1) OF THIS SECTION. THE
ATTORNEY GENERAL SHALL FILE A COPY OF EACH ANNUAL CAPITAL CASE
STATUS REPORT WITH THE GOVERNOR, THE CHIEF JUSTICE
OF THE SUPREME COURT, THE PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES NO LATER THAN THE FIRST
DAY OF APRIL OF THE CALENDAR
YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT. EACH
ANNUAL CAPITAL CASE STATUS REPORT SHALL BE A PUBLIC
RECORD SUBJECT TO INSPECTION AND COPYING IN ACCORDANCE WITH
SECTION 149.43 OF THE REVISED
CODE.
(C)(1) AN ANNUAL CAPITAL CASE STATUS
REPORT PREPARED PURSUANT TO DIVISION
(B) OF THIS SECTION SHALL
CONTAIN ALL OF THE FOLLOWING INFORMATION THAT PERTAINS AS OF
THE THIRTY-FIRST DAY OF
DECEMBER OF THE CALENDAR YEAR
COVERED BY THE REPORT TO EACH INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT
TO SECTIONS 2929.02 TO 2929.04 OR 2929.06 OF THE
REVISED CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER
OCTOBER 19, 1981:
(a) A CITATION TO AND BRIEF SUMMARY OF THE FACTS
OF EACH CASE IN WHICH THE INDIVIDUAL WAS SENTENCED TO DEATH
PURSUANT TO SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 OF THE
REVISED CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER
OCTOBER 19, 1981;
(b) A STATEMENT AS TO THE INDIVIDUAL'S PRESENT LEGAL
STATUS;
(c) A SUMMARY HISTORY OF THE INDIVIDUAL'S LEGAL
ACTIONS TO VACATE, REVERSE, OR OTHERWISE BE RELIEVED FROM THE
SENTENCE OF DEATH DESCRIBED IN DIVISION
(C)(1)(a)
OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO,
MOTIONS TO VACATE THE SENTENCE OF DEATH, APPEALS, PETITIONS FOR
POSTCONVICTION RELIEF, AND PETITIONS FOR HABEAS CORPUS RELIEF
FILED WITH A COURT OF THIS STATE OR A COURT OF THE
UNITED STATES UNDER SECTION 2929.05, 2953.21, OR ANOTHER
SECTION OF THE REVISED CODE, THE OHIO
CONSTITUTION, FEDERAL STATUTES, OR THE UNITED
STATES CONSTITUTION;
(d) ANY OTHER INFORMATION THAT THE ATTORNEY
GENERAL DETERMINES IS RELEVANT, INCLUDING, BUT NOT LIMITED TO, A
TENTATIVELY SCHEDULED DATE FOR THE EXECUTION OF THE INDIVIDUAL'S
SENTENCE OF DEATH IN ACCORDANCE WITH SECTION 2949.22 OF THE
REVISED CODE.
(2) IN EACH ANNUAL CAPITAL CASE
STATUS REPORT PREPARED PURSUANT TO
DIVISION (B) OF THIS SECTION,
THE ATTORNEY GENERAL SHALL SET FORTH OR CAUSE TO BE SET FORTH
THE INFORMATION DESCRIBED IN DIVISION
(C)(1)
OF THIS SECTION IN THE FORM THAT THE ATTORNEY
GENERAL CONSIDERS MOST APPROPRIATE TO PRESENT THAT INFORMATION,
INCLUDING, BUT NOT LIMITED TO, CHARTS, TABLES, GRAPHS, AND
NARRATIVE SUMMARIES.
(D) ALL OFFICERS AND
EMPLOYEES OF THE GOVERNMENT OF THIS STATE AND ITS POLITICAL
SUBDIVISIONS SHALL COOPERATE, UPON REQUEST OF THE ATTORNEY
GENERAL, IN PROVIDING INFORMATION THAT FACILITATES THE ATTORNEY
GENERAL IN THE PERFORMANCE OF THE ATTORNEY GENERAL'S
RESPONSIBILITIES UNDER THIS SECTION.
Sec. 173.41. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment with a PASSPORT agency in a full-time,
part-time, or temporary
position that involves providing
direct care to an older adult.
"Applicant" does not include a person who provides direct
care as
a volunteer without receiving or expecting to receive any form of remuneration
other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as
in
section 109.572 of the Revised Code.
(3) "PASSPORT agency" means a public or private entity that
provides home and community-based services to older adults through the
PASSPORT program created under section
173.40 of the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a PASSPORT agency
shall request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each applicant. If the AN applicant FOR WHOM
A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent has requested information
about the applicant from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant. Even if the AN applicant FOR WHOM A CRIMINAL
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION presents proof of
having been
a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this section
to request a criminal records check shall do both of the
following:
(a) Provide to each applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS
REQUIRED UNDER THAT DIVISION a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard fingerprint impression sheet prescribed
pursuant to division (C)(2) of that section, and obtain the
completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint
impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the department
of aging in accordance with division (F) of this section AND SUBJECT TO
DIVISION (C)(2) OF THIS SECTION,
no PASSPORT agency shall employ a person in a
position that
involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06,
2907.07,
2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23,
or 3716.11 of the Revised Code.
(b) An A VIOLATION OF AN existing or former law of this state,
any other
state, or the United States that is substantially equivalent
to any of the offenses listed in
division (C)(1)(a) of this section.
(2)(a) A PASSPORT agency may employ CONDITIONALLY an
applicant
conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED
UNDER DIVISION (B) OF THIS SECTION prior to obtaining the results
of a criminal records
check regarding the individual. The, PROVIDED THAT THE
agency shall request a criminal
records check REGARDING THE INDIVIDUAL in accordance with
division (B)(1) of this section not later than five business
days after the individual begins conditional employment. The agency
IN THE CIRCUMSTANCES DESCRIBED IN DIVISION
(I)(2) OF THIS SECTION, A
PASSPORT AGENCY MAY EMPLOY
CONDITIONALLY AN APPLICANT WHO HAS BEEN REFERRED TO THE
PASSPORT AGENCY BY AN
EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR
TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT CARE OF OLDER
ADULTS AND FOR WHOM, PURSUANT TO THAT DIVISION, A CRIMINAL
RECORDS CHECK IS NOT REQUIRED UNDER DIVISION
(B) OF THIS SECTION.
(b) A
PASSPORT AGENCY THAT EMPLOYS AN
INDIVIDUAL CONDITIONALLY UNDER AUTHORITY OF DIVISION
(C)(2)(a)
OF THIS SECTION
shall
terminate the individual's employment if the
results of the criminal records check REQUEST UNDER DIVISION (B)
OF THIS SECTION OR DESCRIBED IN DIVISION (I)(2) OF THIS SECTION,
other than the results of any
request for information from the
federal bureau of investigation,
are not obtained within the period
ending sixty days after the date the request is made. Regardless
of when the results of the criminal records check are obtained,
if the results indicate that the
individual has been convicted of or pleaded guilty to any of the
offenses listed or described in division
(C)(1) of this section, the agency shall terminate the individual's
employment unless
the agency chooses to employ the individual pursuant to
division (F) of this section.
Termination of employment under this division shall be
considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of
the Revised Code if the individual makes any attempt to
deceive the agency about the individual's criminal record.
(D)(1) Each PASSPORT agency shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted pursuant to A REQUEST MADE
UNDER DIVISION (B) OF this
section.
(2) A PASSPORT agency may charge an applicant a fee
not exceeding the amount the agency pays under division (D)(1)
of this section. An agency may collect a fee only if
both of the following apply:
(a) The agency notifies the person at the time of initial
application for
employment of the amount of the fee and that, unless the fee is
paid, the person will not be considered for employment;
(b) The medical assistance program established under
Chapter 5111. of the
Revised Code
does not reimburse the agency the fee it pays under division
(D)(1) of this section.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the
individual's
representative;
(2) The chief administrator of the agency
requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the PASSPORT agency;
(4) A court, hearing officer, or other necessary individual involved
in a case dealing with a denial of employment of the applicant OR DEALING
WITH EMPLOYMENT OR UNEMPLOYMENT BENEFITS OF THE APPLICANT;
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT
TO, AND IN ACCORDANCE WITH, DIVISION
(I)(1) OR (2) OF THIS
SECTION.
(F) The department of aging shall adopt rules in accordance
with
Chapter 119. of the Revised Code to implement this section. The rules shall
specify
circumstances under which a PASSPORT agency
may employ a person who has been convicted of or
pleaded guilty to an offense listed or described in division (C)(1) of
this section but meets personal character standards set by the
department.
(G) The chief administrator of a PASSPORT agency
shall inform each person, at the time of initial application
for a position that involves providing direct care to an older
adult, that the person is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the person comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
PASSPORT agency employs in a position
that involves providing direct care to older adults, ALL OF the
following shall apply:
(1) If the agency employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the agency shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the agency employed the individual in good faith
on a conditional basis pursuant to division
(C)(2) of this section, the
agency shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the agency in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the agency shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator OF A PASSPORT
AGENCY is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
PASSPORT agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1)(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2)(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(1) of this section,
OR THE REPORT DEMONSTRATES THAT THE
PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF
THOSE OFFENSES, BUT THE PASSPORT
AGENCY CHOOSES TO EMPLOY THE INDIVIDUAL PURSUANT TO DIVISION (F)
OF THIS SECTION.
(2) THE CHIEF ADMINISTRATOR OF A
PASSPORT AGENCY IS NOT REQUIRED
TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL
IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL RECORDS
CHECK OF AN APPLICANT AND MAY EMPLOY THE APPLICANT
CONDITIONALLY AS DESCRIBED IN THIS DIVISION, IF THE APPLICANT
HAS BEEN REFERRED TO THE AGENCY BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS
INVOLVING THE DIRECT CARE OF OLDER ADULTS AND IF THE CHIEF
ADMINISTRATOR RECEIVES FROM THE EMPLOYMENT SERVICE OR THE
APPLICANT A LETTER FROM THE EMPLOYMENT SERVICE THAT
IS ON THE LETTERHEAD OF THE EMPLOYMENT SERVICE, DATED, AND
SIGNED BY A SUPERVISOR OR ANOTHER DESIGNATED OFFICIAL OF THE
EMPLOYMENT SERVICE AND THAT STATES
THAT THE EMPLOYMENT SERVICE HAS REQUESTED THE SUPERINTENDENT TO
CONDUCT A CRIMINAL RECORDS CHECK REGARDING THE APPLICANT, THAT
THE REQUESTED CRIMINAL RECORDS CHECK WILL INCLUDE A
DETERMINATION OF WHETHER THE APPLICANT HAS BEEN CONVICTED OF OR
PLEADED GUILTY TO ANY OFFENSE LISTED OR DESCRIBED IN DIVISION
(C)(1) OF THIS SECTION,
THAT, AS OF THE DATE SET FORTH ON THE LETTER, THE EMPLOYMENT SERVICE HAD NOT
RECEIVED THE
RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE EMPLOYMENT SERVICE
RECEIVES THE
RESULTS OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A
COPY OF THE RESULTS TO THE
PASSPORT AGENCY. IF A
PASSPORT AGENCY EMPLOYS AN
APPLICANT CONDITIONALLY IN ACCORDANCE WITH THIS DIVISION,
THE EMPLOYMENT SERVICE, UPON ITS RECEIPT OF THE RESULTS OF
THE CRIMINAL RECORDS CHECK, PROMPTLY SHALL SEND A COPY OF THE
RESULTS TO THE PASSPORT AGENCY,
AND
DIVISION
(C)(2)(b)
OF THIS SECTION APPLIES REGARDING THE CONDITIONAL
EMPLOYMENT.
Sec. 3701.881. (A) As used in this section:
(1) "Applicant" means both of the following:
(a) A person who is under final consideration for appointment or
employment with a home health agency in a position as a person responsible for
the care, custody, or control of a child;
(b) A person who is under final
consideration for employment with a home health agency in a full-time,
part-time, or temporary position that involves providing direct care to
an older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides direct care
as a volunteer without receiving or expecting to
receive any form of
remuneration other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(3) "Home health agency" has the same meaning as in
section 3701.88 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
(B)(1) Except as provided in division (I) of
this section, the chief administrator of a home
health agency shall request the superintendent of the bureau of
criminal identification and investigation to conduct a criminal
records check with respect to each applicant. If the position may involve
both
responsibility for the care, custody, or
control of a child and provision of direct care to an older adult, the chief
administrator shall request that the superintendent conduct a single
criminal records check for the applicant.
If the AN applicant FOR WHOM A CRIMINAL RECORDS CHECK
REQUEST IS REQUIRED UNDER THIS DIVISION does
not present proof of having been a
resident of this
state for the five-year period immediately prior to the date upon
which the criminal records check is requested or does not provide
evidence that within that five-year period the superintendent has
requested information about the applicant from the federal bureau of
investigation in a criminal records check, the chief
administrator shall request that the superintendent obtain
information from the federal bureau of investigation as a part of
the criminal records check for the applicant. If the EVEN IF AN
applicant
FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED UNDER THIS
DIVISION presents proof that the applicant has been a resident of this
state for that five-year period, the chief administrator may
request that the superintendent include information from the
federal bureau of investigation in the criminal records check.
(2) Any person required by division (B)(1) of this section
to request a criminal records check shall provide to each
applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED UNDER THAT
DIVISION a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code, provide to each
applicant AND a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code, obtain the completed form and
impression sheet from each applicant, and forward the completed
form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the chief
administrator requests a criminal records check pursuant to
division (B)(1) of this section.
(3) An applicant who receives pursuant to division (B)(2)
of this section a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a copy
of an impression sheet prescribed pursuant to division (C)(2) of
that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheets with the impressions of the
applicant's
fingerprints. If an applicant, upon request, fails to provide
the information necessary to complete the form or fails to
provide fingerprint impressions, the home health agency
shall not employ that
applicant
for any position for which a criminal records check
is required by division (B)(1) of this section.
(C)(1) Except as provided in rules adopted by the
department of health in accordance with
division (F) of this
section AND SUBJECT TO DIVISION (C)(3) OF THIS SECTION, no
home health agency shall employ a person as a person
responsible for the care, custody, or control of a child if the
person previously has been convicted of or pleaded guilty to any
of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06,
or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date, a violation of section 2925.11 of the
Revised Code that is not a minor drug possession offense, or felonious sexual
penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses listed in division
(C)(1)(a) of this section.
(2) Except as provided in rules adopted by the department of health
in accordance with division (F) of
this section AND SUBJECT TO DIVISION (C)(3) OF THIS SECTION,
no home health agency shall employ a person in
a position that involves providing direct care to an older adult if
the person previously has been convicted of or pleaded guilty to
any of the following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or
3716.11 of the Revised Code.
(b) An A VIOLATION OF AN existing or former law of this state,
any
other state, or the United States that is
substantially equivalent to any of the offenses listed in division
(C)(2)(a) of this section.
(3)(a) A home health agency may employ CONDITIONALLY an applicant
conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED
UNDER DIVISION (B) OF THIS SECTION as a person responsible for
the
care, custody, or control of a
child until the criminal records check REGARDING THE APPLICANT required
by this
section is completed and the agency receives the results of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (C)(1) of this
section, the applicant does not qualify for employment, the agency shall
release the applicant from employment UNLESS THE AGENCY CHOOSES TO EMPLOY
THE APPLICANT PURSUANT TO DIVISION (F) OF THIS SECTION.
(b)(i) A home health agency may employ CONDITIONALLY an
applicant conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS
REQUIRED UNDER DIVISION (B) OF THIS SECTION in
a position that involves providing direct care to an older adult OR IN A
POSITION THAT INVOLVES BOTH RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL
OF A CHILD AND THE PROVISION OF DIRECT CARE TO OLDER ADULTS prior
to obtaining the results of a criminal
records check regarding the individual. The, PROVIDED THAT
THE agency shall
request a criminal records
check REGARDING THE INDIVIDUAL in accordance with division (B)(1) of
this section not
later than five business days after the individual begins
conditional employment. The agency
IN THE CIRCUMSTANCES DESCRIBED IN DIVISION
(I)(2) OF THIS SECTION, A HOME
HEALTH AGENCY MAY EMPLOY CONDITIONALLY IN A POSITION THAT
INVOLVES PROVIDING DIRECT CARE TO AN OLDER ADULT AN APPLICANT
WHO HAS BEEN REFERRED TO THE HOME HEALTH AGENCY BY AN EMPLOYMENT
SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF
FOR POSITIONS INVOLVING THE DIRECT CARE OF OLDER ADULTS AND FOR
WHOM, PURSUANT TO THAT DIVISION, A CRIMINAL RECORDS CHECK IS NOT
REQUIRED UNDER DIVISION (B) OF
THIS SECTION. IN THE CIRCUMSTANCES DESCRIBED IN DIVISION
(I)(4) OF THIS SECTION, A HOME
HEALTH AGENCY MAY EMPLOY CONDITIONALLY IN A POSITION THAT
INVOLVES BOTH RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL
OF A CHILD AND THE PROVISION OF DIRECT CARE TO OLDER ADULTS AN
APPLICANT WHO HAS BEEN REFERRED TO THE HOME HEALTH AGENCY BY AN
EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR
TEMPORARY STAFF FOR POSITIONS INVOLVING BOTH RESPONSIBILITY FOR
THE CARE, CUSTODY, AND CONTROL OF A CHILD AND THE PROVISION OF
DIRECT CARE TO OLDER ADULTS AND FOR WHOM, PURSUANT TO THAT
DIVISION, A CRIMINAL RECORDS CHECK IS NOT REQUIRED UNDER
DIVISION (B) OF THIS
SECTION.
(ii) A HOME HEALTH AGENCY THAT
EMPLOYS AN INDIVIDUAL CONDITIONALLY UNDER AUTHORITY OF DIVISION
(C)(3)(b)(i)
OF THIS SECTION
shall terminate the
individual's employment if the results of the criminal records
check REQUESTED UNDER DIVISION (B)(1) OF THIS SECTION OR DESCRIBED
IN DIVISION (I)(2) OR (4) OF THIS SECTION, other than the results
of any request for information from
the federal bureau of investigation,
are not obtained within the period ending sixty days after the date the
request is made. Regardless of when the results of the criminal
records check are obtained,
if
THE INDIVIDUAL WAS EMPLOYED CONDITIONALLY IN A POSITION
THAT INVOLVES THE PROVISION OF DIRECT CARE TO OLDER ADULTS AND
THE RESULTS INDICATE THAT THE INDIVIDUAL HAS BEEN CONVICTED OF
OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED OR DESCRIBED IN
DIVISION (C)(2) OF THIS
SECTION, OR IF THE INDIVIDUAL WAS EMPLOYED CONDITIONALLY IN A
POSITION THAT INVOLVES BOTH RESPONSIBILITY FOR THE CARE,
CUSTODY, AND CONTROL OF A CHILD AND THE PROVISION OF DIRECT CARE
TO OLDER ADULTS AND
the results indicate that the individual has been
convicted of or
pleaded guilty to any of the offenses listed or
described in division (C)(1) OR (2) of this section, the
agency
shall terminate
the individual's
employment unless the
agency chooses to employ the individual
pursuant to division (F) of
this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised Code if the individual
makes any attempt to deceive the agency about the
individual's criminal record.
(D)(1) Each home health agency shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted in accordance with
that section upon the request pursuant to division (B)(1)
of this section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under
this section, unless the medical assistance program established under
Chapter 5111. of the Revised Code reimburses the agency for the costs.
A fee charged under division (D)(2) of this
section shall not exceed the amount of fees the agency pays under division
(D)(1) of this section. If a fee is charged under division (D)(2) of
this section, the agency
shall notify the applicant at the time of the applicant's initial application
for employment of the amount of the fee and that, unless the fee
is paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (B)(1) of this section is
not a public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
following:
(1) The individual who is the subject of the criminal records check or
the individual's representative;
(2) The home health agency requesting the criminal
records check or its representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home health agency;
(4) Any court, hearing officer, or other necessary individual involved
in a case dealing with the A denial of employment of the
applicant OR DEALING WITH EMPLOYMENT OR UNEMPLOYMENT BENEFITS OF THE
APPLICANT;
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT
TO, AND IN ACCORDANCE WITH, DIVISION
(I)(1), (2), (3), OR (4) OF
THIS SECTION.
(F) The department of health shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
rules shall specify
circumstances under which the home
health agency may employ a person who has been convicted of
or pleaded guilty to an offense listed or described in division
(C)(1) of
this section but who meets standards in regard to
rehabilitation set by the department or employ a person who
has been convicted of or pleaded guilty to
an offense listed or described in division (C)(2) of this section but
meets personal character standards set by the department.
(G) Any person required by division (B)(1) of this section
to request a criminal records check shall inform each person, at
the time of initial application for employment that the
person is required to provide a set of fingerprint impressions and
that a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of
the Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for
that position.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home health agency employs in a position
that involves providing direct care to older adults, ALL OF the
following shall apply:
(1) If the agency employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the agency shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the agency employed the individual in good faith
on a conditional basis pursuant to division
(C)(2)(3)(b) of this section, the
agency shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the agency in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the agency shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) OR (2) of this section.
(I)(1) The chief administrator OF A HOME HEALTH AGENCY is not
required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant FOR A POSITION THAT INVOLVES THE
PROVISION OF DIRECT CARE TO OLDER ADULTS if the applicant has been
referred to the
home health agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1)(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2)(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(2) of this section,OR THE REPORT DEMONSTRATES THAT THE
PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF
THOSE OFFENSES, BUT THE HOME HEALTH
AGENCY CHOOSES TO EMPLOY THE INDIVIDUAL PURSUANT TO DIVISION (F)
OF THIS SECTION.
(2) THE CHIEF ADMINISTRATOR OF A HOME
HEALTH AGENCY IS NOT REQUIRED TO REQUEST THAT THE SUPERINTENDENT
OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION
CONDUCT A CRIMINAL RECORDS CHECK OF AN APPLICANT FOR A POSITION
THAT INVOLVES PROVIDING DIRECT CARE TO OLDER ADULTS AND MAY
EMPLOY THE APPLICANT CONDITIONALLY IN A POSITION OF THAT NATURE AS
DESCRIBED IN THIS DIVISION, IF THE APPLICANT HAS BEEN REFERRED
TO THE AGENCY BY AN EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME,
PART-TIME, OR TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT
CARE OF OLDER ADULTS AND IF THE CHIEF ADMINISTRATOR RECEIVES
FROM THE EMPLOYMENT SERVICE OR THE APPLICANT A LETTER FROM
THE EMPLOYMENT SERVICE THAT
IS ON THE LETTERHEAD OF THE EMPLOYMENT SERVICE, DATED, AND
SIGNED BY A SUPERVISOR OR ANOTHER DESIGNATED OFFICIAL OF THE
EMPLOYMENT SERVICE AND THAT
STATES THAT THE EMPLOYMENT SERVICE
HAS REQUESTED THE SUPERINTENDENT TO CONDUCT A CRIMINAL RECORDS
CHECK REGARDING THE APPLICANT, THAT THE REQUESTED CRIMINAL
RECORDS CHECK WILL INCLUDE A DETERMINATION OF WHETHER THE
APPLICANT HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE
LISTED OR DESCRIBED IN DIVISION
(C)(2) OF THIS SECTION,
THAT, AS OF THE DATE SET FORTH ON THE LETTER, THE EMPLOYMENT SERVICE HAD NOT
RECEIVED THE
RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE EMPLOYMENT SERVICE
RECEIVES THE
RESULTS OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A
COPY OF THE RESULTS TO THE
HOME HEALTH AGENCY. IF A HOME HEALTH AGENCY
EMPLOYS AN APPLICANT CONDITIONALLY IN ACCORDANCE WITH THIS
DIVISION,
THE EMPLOYMENT SERVICE, UPON ITS RECEIPT OF THE RESULTS OF
THE CRIMINAL RECORDS CHECK, PROMPTLY SHALL SEND A COPY OF THE
RESULTS TO THE HOME HEALTH AGENCY,
AND
DIVISION
(C)(3)(b)
OF THIS SECTION APPLIES REGARDING THE CONDITIONAL
EMPLOYMENT.
(3) THE CHIEF ADMINISTRATOR OF A HOME HEALTH AGENCY IS
NOT REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL
RECORDS CHECK OF AN APPLICANT FOR A POSITION THAT INVOLVES BOTH
RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL OF A CHILD AND
THE PROVISION OF DIRECT CARE TO OLDER ADULTS IF THE APPLICANT
HAS BEEN REFERRED TO THE AGENCY BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS
INVOLVING BOTH RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL
OF A CHILD AND THE PROVISION OF DIRECT CARE TO OLDER ADULTS AND
BOTH OF THE FOLLOWING APPLY:
(a) THE CHIEF ADMINISTRATOR RECEIVES
FROM THE EMPLOYMENT SERVICE OR APPLICANT A REPORT OF A CRIMINAL
RECORDS CHECK OF THE TYPE DESCRIBED IN DIVISION
(I)(1)(a)
OF THIS SECTION;
(b) THE REPORT OF THE CRIMINAL
RECORDS CHECK DEMONSTRATES THAT THE PERSON HAS NOT BEEN
CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE LISTED OR DESCRIBED
IN DIVISION (C)(1) OR (2) OF
THIS SECTION, OR THE REPORT DEMONSTRATES THAT THE
PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF
THOSE OFFENSES, BUT THE HOME HEALTH
AGENCY CHOOSES TO EMPLOY THE INDIVIDUAL PURSUANT TO DIVISION (F)
OF THIS SECTION.
(4) THE CHIEF ADMINISTRATOR OF A HOME HEALTH AGENCY IS
NOT REQUIRED TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF
CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL
RECORDS CHECK OF AN APPLICANT FOR A POSITION THAT INVOLVES BOTH
RESPONSIBILITY FOR THE CARE, CUSTODY, AND CONTROL OF A CHILD AND
THE PROVISION OF DIRECT CARE TO OLDER ADULTS AND MAY EMPLOY THE
APPLICANT CONDITIONALLY IN A POSITION OF THAT NATURE AS DESCRIBED IN THIS
DIVISION, IF THE APPLICANT HAS BEEN REFERRED TO THE AGENCY BY AN
EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR
TEMPORARY STAFF FOR POSITIONS INVOLVING BOTH RESPONSIBILITY FOR
THE CARE, CUSTODY, AND CONTROL OF A CHILD AND THE DIRECT CARE OF
OLDER ADULTS AND IF THE CHIEF ADMINISTRATOR RECEIVES FROM THE
EMPLOYMENT SERVICE OR THE APPLICANT A LETTER FROM THE
EMPLOYMENT SERVICE THAT
IS ON THE LETTERHEAD OF THE EMPLOYMENT SERVICE, DATED, AND
SIGNED BY A SUPERVISOR OR ANOTHER DESIGNATED OFFICIAL OF THE
EMPLOYMENT SERVICE AND THAT
STATES THAT THE EMPLOYMENT SERVICE HAS
REQUESTED THE SUPERINTENDENT TO CONDUCT A CRIMINAL RECORDS CHECK
REGARDING THE APPLICANT, THAT THE REQUESTED CRIMINAL RECORDS
CHECK WILL INCLUDE A DETERMINATION OF WHETHER THE APPLICANT HAS
BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE LISTED OR
DESCRIBED IN DIVISION (C)(1) OR
(2) OF THIS SECTION, THAT, AS OF THE DATE SET FORTH ON
THE LETTER, THE EMPLOYMENT SERVICE
HAD NOT RECEIVED THE RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE
EMPLOYMENT SERVICE RECEIVES THE
RESULTS OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A
COPY OF THE RESULTS TO THE
HOME HEALTH AGENCY. IF
A HOME HEALTH AGENCY EMPLOYS AN APPLICANT CONDITIONALLY IN
ACCORDANCE WITH THIS DIVISION,
THE EMPLOYMENT SERVICE, UPON ITS RECEIPT OF THE RESULTS OF
THE CRIMINAL RECORDS CHECK, PROMPTLY SHALL SEND A COPY OF THE
RESULTS TO THE HOME HEALTH AGENCY,
AND DIVISION
(C)(3)(b)
OF THIS SECTION APPLIES REGARDING THE CONDITIONAL
EMPLOYMENT.
Sec. 3712.09. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment with a hospice care program in a full-time,
part-time, or temporary position
that involves providing direct care to an older adult.
"Applicant" does not include a person who provides direct care as a volunteer
without receiving or expecting to receive any form of remuneration other than
reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as
in section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this section,
the chief administrator of a hospice care
program shall request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check with respect to each applicant. If the AN
applicant
FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED UNDER THIS
DIVISION does not present proof of having been a resident of this state
for the five-year period immediately prior to the date the
criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested
information about the applicant from the federal bureau of investigation in
a criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal
bureau of investigation as part of the criminal records check of
the applicant. Even if the AN applicant FOR WHOM A CRIMINAL
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION presents proof of
having
been a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this
section to request a criminal records check shall do both of the
following:
(a) Provide to each applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS
REQUIRED UNDER THAT DIVISION a copy of the form
prescribed pursuant to division (C)(1) of section 109.572
of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2)
of that section, and obtain the completed form and impression
sheet from the applicant;
(b) Forward the completed form and impression
sheet to the superintendent of the bureau of criminal
identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide
fingerprint impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the
public health council in accordance with division (F) of
this section AND SUBJECT TO DIVISION (C)(2) OF THIS SECTION,
no hospice care program shall employ a person in
a position that involves providing direct care to an older adult if
the person has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02,
2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the
Revised Code.
(b) An A VIOLATION OF AN existing or former law of this state,
any other state, or the United
States that is substantially equivalent to any of the offenses listed in
division (C)(1)(a) of this section.
(2)(a) A hospice care program may employ CONDITIONALLY an
applicant
conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED
UNDER DIVISION (B) OF THIS SECTION prior to obtaining the results
of a criminal records
check regarding the individual. The, PROVIDED THAT THE
program shall request a criminal
records check REGARDING THE INDIVIDUAL in accordance with division
(B)(1) of this section not later
than five business days after the individual begins conditional employment.
The program
IN THE CIRCUMSTANCES DESCRIBED IN DIVISION
(I)(2) OF THIS SECTION, A
HOSPICE CARE PROGRAM MAY EMPLOY
CONDITIONALLY AN APPLICANT WHO HAS BEEN REFERRED TO THE
HOSPICE CARE PROGRAM BY AN
EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR
TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT CARE OF OLDER
ADULTS AND FOR WHOM, PURSUANT TO THAT DIVISION, A CRIMINAL
RECORDS CHECK IS NOT REQUIRED UNDER DIVISION
(B) OF THIS SECTION.
(b) A
HOSPICE CARE PROGRAM THAT EMPLOYS AN
INDIVIDUAL CONDITIONALLY UNDER AUTHORITY OF DIVISION
(C)(2)(a)
OF THIS SECTION
shall terminate the individual's employment if the results
of
the criminal records check REQUESTED UNDER DIVISION (B) OF THIS
SECTION OR DESCRIBED IN DIVISION (I)(2) OF THIS SECTION, other
than the results of any request
for information from the federal bureau of investigation,
are not obtained within the period ending sixty
days after the date the request is made. Regardless of when the
results of the criminal records check are obtained,
if the results indicate that the individual has been convicted of or pleaded
guilty to any of the offenses listed or described in division
(C)(1) of this section, the program shall terminate the individual's
employment unless the program chooses to employ the individual pursuant to
division (F) of this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of the Revised Code if the individual makes any
attempt to deceive the program about the individual's
criminal record.
(D)(1) Each hospice care program shall pay to the
bureau of criminal identification and investigation the fee
prescribed pursuant to division (C)(3) of section 109.572
of the Revised Code for each criminal records
check conducted pursuant to A REQUEST MADE UNDER DIVISION (B)
OF this section.
(2) A hospice care program may charge an applicant a fee
not exceeding the amount the program pays under division
(D)(1) of this section. A program may collect a fee only
if both of the following apply:
(a) The program notifies the person at the time of initial
application for employment of the amount of the fee and that, unless the fee
is paid, the person will not be considered for employment;
(b) The medical assistance program established under
Chapter 5111. of the Revised Code
does not reimburse the program the fee it pays under division
(D)(1) of this section.
(E) The report of a criminal records check
conducted pursuant to a request made under this section is not a
public record for the purposes of section 149.43 of the
Revised Code and shall not be made available to
any person other than the following:
(1) The individual who is the subject of the
criminal records check or the individual's representative;
(2) The chief
administrator of the program requesting the criminal records
check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the hospice care program;
(4) A court, hearing officer, or
other necessary individual involved in a case dealing with a
denial of employment of the applicant OR DEALING WITH EMPLOYMENT OR
UNEMPLOYMENT BENEFITS OF THE APPLICANT;
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT
TO, AND IN ACCORDANCE WITH, DIVISION
(I)(1) OR (2) OF THIS
SECTION.
(F) The public health council shall adopt rules
in accordance with Chapter 119. of the Revised
Code to implement this section. The rules shall
specify circumstances under which a hospice care program may
employ a person who has been convicted of or pleaded
guilty to an offense listed or described in division (C)(1) of this section
but meets personal character standards set by the council.
(G) The chief administrator of a hospice care
program shall inform each individual, at the time of initial
application for a position that involves providing direct care to
an older adult, that the individual is required to provide a set of
fingerprint impressions and that a criminal records check is
required to be conducted if the individual comes under final consideration
for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a hospice care program employs in a
position that involves providing direct care to older adults, ALL OF
the
following shall apply:
(1) If the program employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the program shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the program employed the individual in good faith
on a conditional basis pursuant to division
(C)(2) of this section, the
program shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the program in good faith employed the individual
according to the personal character standards established in rules adopted
under division (F) of this section, the program shall not be found negligent
solely because the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator OF A HOSPICE CARE PROGRAM is
not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
hospice care program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1)(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2)(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division
(C)(1) of this section, OR THE REPORT DEMONSTRATES THAT THE
PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF
THOSE OFFENSES, BUT THE HOSPICE CARE PROGRAM
CHOOSES TO EMPLOY THE INDIVIDUAL PURSUANT TO DIVISION (F)
OF THIS SECTION.
(2) THE CHIEF ADMINISTRATOR OF A
HOSPICE CARE PROGRAM IS NOT REQUIRED
TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL
IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL RECORDS
CHECK OF AN APPLICANT AND MAY EMPLOY THE APPLICANT
CONDITIONALLY AS DESCRIBED IN THIS DIVISION, IF THE APPLICANT
HAS BEEN REFERRED TO THE PROGRAM BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS
INVOLVING THE DIRECT CARE OF OLDER ADULTS AND IF THE CHIEF
ADMINISTRATOR RECEIVES FROM THE EMPLOYMENT SERVICE OR THE
APPLICANT A LETTER FROM THE EMPLOYMENT SERVICE THAT
IS ON THE LETTERHEAD OF THE EMPLOYMENT SERVICE, DATED, AND
SIGNED BY A SUPERVISOR OR ANOTHER DESIGNATED OFFICIAL OF THE
EMPLOYMENT SERVICE AND THAT
STATES
THAT THE EMPLOYMENT SERVICE HAS REQUESTED THE SUPERINTENDENT TO
CONDUCT A CRIMINAL RECORDS CHECK REGARDING THE APPLICANT, THAT
THE REQUESTED CRIMINAL RECORDS CHECK WILL INCLUDE A
DETERMINATION OF WHETHER THE APPLICANT HAS BEEN CONVICTED OF OR
PLEADED GUILTY TO ANY OFFENSE LISTED OR DESCRIBED IN DIVISION
(C)(1) OF THIS SECTION,
THAT, AS OF THE DATE SET FORTH ON THE LETTER, THE EMPLOYMENT SERVICE HAD NOT
RECEIVED THE
RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE EMPLOYMENT SERVICE
RECEIVES THE
RESULTS OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A
COPY OF THE RESULTS TO THE
HOSPICE CARE PROGRAM. IF A
HOSPICE CARE PROGRAM EMPLOYS AN
APPLICANT CONDITIONALLY IN ACCORDANCE WITH THIS DIVISION,
THE EMPLOYMENT SERVICE, UPON ITS RECEIPT OF THE RESULTS OF
THE CRIMINAL RECORDS CHECK, PROMPTLY SHALL SEND A COPY OF THE
RESULTS TO THE HOSPICE CARE PROGRAM,
AND
DIVISION
(C)(2)(b)
OF THIS SECTION APPLIES REGARDING THE CONDITIONAL
EMPLOYMENT.
Sec. 3721.121. (A) As used in this section:
(1) "Adult day-care program" means a program operated
pursuant to rules adopted by the public health council under
section 3721.04 of the Revised Code and provided
by and on the same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final
consideration for employment with a home or adult day-care program in a
full-time, part-time, or temporary position that involves providing direct
care to an older adult. "Applicant" does not include a person who provides
direct care as a volunteer without receiving or expecting to receive any form
of remuneration other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(4) "Home" means a home as defined in section 3721.10 of
the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a home or adult
day-care program shall request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check with respect to each applicant. If the
AN
applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED UNDER THIS
DIVISION does not present proof of having been a resident of
this state for the five-year period immediately prior to the date
the criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested
information about the applicant from the federal bureau of investigation in
a criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal
bureau of investigation as part of the criminal records check of
the applicant. Even if the AN applicant FOR WHOM A CRIMINAL
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION presents proof of
having
been a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this
section to request a criminal records check shall do both of the
following:
(a) Provide to each applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS
REQUIRED UNDER THAT DIVISION a copy of the form
prescribed pursuant to division (C)(1) of section 109.572
of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2)
of that section, and obtain the completed form and impression
sheet from the applicant;
(b) Forward the completed form and impression
sheet to the superintendent of the bureau of criminal
identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint
impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by
the director of health in accordance
with division (F) of this section AND SUBJECT TO DIVISION (C)(2)
OF THIS SECTION, no home or adult
day-care program shall employ a person in a position
that involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or
3716.11 of the Revised Code.
(b) An A VIOLATION OF AN existing or former law of this state,
any
other state, or the United States that is
substantially equivalent to any of the offenses listed in division
(C)(1)(a) of this section.
(2)(a) A home or an adult day-care program may employ
CONDITIONALLY an
applicant conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS
REQUIRED UNDER DIVISION (B) OF THIS SECTION prior to obtaining
the results of a criminal
records check regarding the individual. The, PROVIDED THAT
THE home or program shall
request a criminal records
check REGARDING THE INDIVIDUAL in accordance with division (B)(1) of
this section not
later than five business days after the individual begins
conditional employment. The home or program
IN THE CIRCUMSTANCES DESCRIBED IN DIVISION
(I)(2) OF THIS SECTION, A
HOME OR ADULT DAY-CARE PROGRAM MAY EMPLOY
CONDITIONALLY AN APPLICANT WHO HAS BEEN REFERRED TO THE
HOME OR ADULT DAY-CARE PROGRAM BY AN
EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR
TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT CARE OF OLDER
ADULTS AND FOR WHOM, PURSUANT TO THAT DIVISION, A CRIMINAL
RECORDS CHECK IS NOT REQUIRED UNDER DIVISION
(B) OF THIS SECTION.
(b) A HOME OR ADULT DAY-CARE PROGRAM THAT EMPLOYS AN
INDIVIDUAL CONDITIONALLY UNDER AUTHORITY OF DIVISION
(C)(2)(a) OF THIS SECTION shall terminate the
individual's employment if the results of the criminal records
check REQUESTED UNDER DIVISION (B) OF THIS SECTION OR DESCRIBED IN
DIVISION (I)(2) OF THIS SECTION, other than the results of any
request for information from
the federal bureau of investigation,
are not obtained within the period ending sixty days after the date the
request is made. Regardless of when the results of the criminal
records check are obtained, if the results indicate that the individual has
been convicted of or pleaded guilty to any of the offenses
listed or described in division (C)(1) of this section,
the home or program shall terminate the individual's employment unless the
home or program chooses to employ the individual
pursuant to division (F) of
this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised
Code if the individual makes any attempt to deceive
the home or program about the individual's criminal record.
(D)(1) Each home or adult day-care program shall
pay to the bureau of criminal identification and investigation
the fee prescribed pursuant to division (C)(3) of section
109.572 of the Revised Code for each criminal
records check conducted pursuant to A REQUEST MADE UNDER DIVISION
(B) OF this section.
(2) A home or adult day-care program may charge an
applicant a fee not exceeding the amount the home or program pays
under division (D)(1) of this section. A home or program
may collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of
initial application for employment of the amount of the fee
and that, unless the fee is paid, the person will not be considered for
employment;
(b) The medical assistance program established under
Chapter 5111. of the Revised Code
does not reimburse the home or program the fee it pays under division
(D)(1) of this section.
(E) The report of any criminal records check
conducted pursuant to a request made under this section is not a
public record for the purposes of section 149.43 of the
Revised Code and shall not be made available to
any person other than the following:
(1) The individual who is the subject of the
criminal records check or the individual's representative;
(2) The chief administrator
of the home or program requesting the criminal records check or
the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home or program;
(4) A court, hearing officer, or other
necessary individual involved in a case dealing with a denial of
employment of the applicant OR DEALING WITH EMPLOYMENT OR UNEMPLOYMENT
BENEFITS OF THE APPLICANT;
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT
TO, AND IN ACCORDANCE WITH, DIVISION
(I)(1) OR (2) OF THIS
SECTION.
(F) In accordance with section 3721.11 of the Revised
Code, the director of health shall adopt rules to implement this
section. The rules shall specify circumstances under which a home or adult
day-care program may employ a person who has been
convicted of or pleaded guilty to an offense listed or described in division
(C)(1) of this section but meets personal character standards set by the
director.
(G) The chief administrator of a home or adult day-care program
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home or adult day-care program employs in a position
that involves providing direct care to older adults, ALL OF the
following shall apply:
(1) If the home or program employed the individual in good
faith and reasonable reliance on the report of a criminal records
check requested under this section, the home or program shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the home or program employed the individual in good faith
on a conditional basis pursuant to division (C)(2) of this section, the
home or program shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the home or program in good faith employed the
individual according
to the personal character standards established in rules adopted
under division (F) of this
section, the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator OF A HOME OR ADULT DAY-CARE
PROGRAM is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
home or adult day-care program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1)(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2)(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(1) of this section,
OR THE
REPORT DEMONSTRATES THAT THE
PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF
THOSE OFFENSES, BUT THE HOME OR ADULT DAY-CARE PROGRAM
CHOOSES TO EMPLOY THE INDIVIDUAL PURSUANT TO DIVISION (F)
OF THIS SECTION.
(2) THE CHIEF ADMINISTRATOR OF A
HOME OR ADULT DAY-CARE PROGRAM IS NOT REQUIRED
TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL
IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL RECORDS
CHECK OF AN APPLICANT AND MAY EMPLOY THE APPLICANT
CONDITIONALLY AS DESCRIBED IN THIS DIVISION, IF THE APPLICANT
HAS BEEN REFERRED TO THE HOME OR PROGRAM BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS
INVOLVING THE DIRECT CARE OF OLDER ADULTS AND IF THE CHIEF
ADMINISTRATOR RECEIVES FROM THE EMPLOYMENT SERVICE OR THE
APPLICANT A LETTER FROM THE EMPLOYMENT SERVICE THAT IS ON THE LETTERHEAD OF
THE EMPLOYMENT SERVICE, DATED, AND SIGNED BY A SUPERVISOR OR ANOTHER
DESIGNATED OFFICIAL OF THE EMPLOYMENT SERVICE AND THAT STATES
THAT THE EMPLOYMENT SERVICE HAS REQUESTED THE SUPERINTENDENT TO
CONDUCT A CRIMINAL RECORDS CHECK REGARDING THE APPLICANT, THAT
THE REQUESTED CRIMINAL RECORDS CHECK WILL INCLUDE A
DETERMINATION OF WHETHER THE APPLICANT HAS BEEN CONVICTED OF OR
PLEADED GUILTY TO ANY OFFENSE LISTED OR DESCRIBED IN DIVISION
(C)(1) OF THIS SECTION,
THAT, AS OF THE DATE SET FORTH ON THE LETTER,
THE EMPLOYMENT SERVICE HAD NOT RECEIVED THE
RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE EMPLOYMENT SERVICE
RECEIVES THE RESULTS OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A
COPY OF THE RESULTS TO THE HOME OR ADULT-CARE PROGRAM. IF A
HOME OR ADULT DAY-CARE PROGRAM EMPLOYS AN
APPLICANT CONDITIONALLY IN ACCORDANCE WITH THIS DIVISION, THE EMPLOYMENT
SERVICE, UPON ITS RECEIPT OF THE RESULTS OF THE CRIMINAL RECORDS CHECK,
PROMPTLY SHALL SEND A COPY OF THE RESULTS TO THE HOME OR ADULT DAY-CARE
PROGRAM, AND
DIVISION
(C)(2)(b)
OF THIS SECTION APPLIES REGARDING THE CONDITIONAL
EMPLOYMENT.
Sec. 3722.151. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in
section 3722.01 of the Revised Code.
(2) "Applicant" means a person who is under final
consideration for employment with an adult care facility in a full-time,
part-time, or temporary position
that involves providing direct care to an older adult. "Applicant" does not
include a person who provides direct
care as
a volunteer without receiving or expecting to receive any form of remuneration
other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as
in section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of an adult care facility
shall request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each applicant. If the AN applicant FOR WHOM
A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent has requested information
about the applicant from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant. Even if the AN applicant FOR WHOM A CRIMINAL
RECORDS CHECK REQUEST IS REQUIRED UNDER THIS DIVISION presents proof of
having been
a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this section
to request a criminal records check shall do both of the
following:
(a) Provide to each applicant FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS
REQUIRED UNDER THAT DIVISION a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard fingerprint impression sheet prescribed
pursuant to division (C)(2) of that section, and obtain the
completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the public
health council in accordance with division (F) of this section AND SUBJECT
TO DIVISION (C)(2) OF THIS SECTION,
no adult care facility shall employ a person in a position that
involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06,
2907.07,
2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13,
2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23,
or 3716.11 of the Revised Code.
(b) An A VIOLATION OF AN existing or former law of this state,
any other
state, or the United States that is substantially equivalent to
any of the offenses listed in division (C)(1)(a) of this section.
(2)(a) An adult care facility may employ CONDITIONALLY an
applicant
conditionally FOR WHOM A CRIMINAL RECORDS CHECK REQUEST IS REQUIRED
UNDER DIVISION (B) OF THIS SECTION prior to obtaining the results
of a criminal records
check regarding the individual. The, PROVIDED THAT THE
facility shall request a criminal
records check REGARDING THE INDIVIDUAL in accordance
with division (B)(1) of this section not later than five
business days after the individual begins conditional employment. The
facility IN THE CIRCUMSTANCES DESCRIBED IN DIVISION
(I)(2) OF THIS SECTION, AN
ADULT CARE FACILITY MAY EMPLOY
CONDITIONALLY AN APPLICANT WHO HAS BEEN REFERRED TO THE
ADULT CARE FACILITY BY AN
EMPLOYMENT SERVICE THAT SUPPLIES FULL-TIME, PART-TIME, OR
TEMPORARY STAFF FOR POSITIONS INVOLVING THE DIRECT CARE OF OLDER
ADULTS AND FOR WHOM, PURSUANT TO THAT DIVISION, A CRIMINAL
RECORDS CHECK IS NOT REQUIRED UNDER DIVISION
(B) OF THIS SECTION.
(b) AN ADULT CARE FACILITY THAT EMPLOYS AN
INDIVIDUAL CONDITIONALLY UNDER AUTHORITY OF DIVISION
(C)(2)(a) OF THIS SECTION shall terminate the
individual's employment if the
results of the criminal records check REQUESTED UNDER DIVISION (B)
OF THIS SECTION OR DESCRIBED IN DIVISION (I)(2) OF THIS SECTION,
other than the results of any
request for information from the federal bureau of investigation,
are not obtained within the period
ending sixty days after the date the request is made. Regardless
of when the results of the criminal records check are obtained,
if the results indicate that the
individual has been convicted of or pleaded guilty to any of the
offenses listed or described in division
(C)(1) of this section, the facility shall terminate the individual's
employment unless
the facility chooses to employ the individual pursuant to
division (F) of this section.
Termination of employment under this division shall be
considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of
the Revised
Code if the individual makes any attempt to deceive
the facility about the individual's
criminal record.
(D)(1) Each adult care facility shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted pursuant to A REQUEST MADE
UNDER DIVISION (B) OF this
section.
(2) An adult care facility may charge an applicant a fee
not exceeding the amount the facility pays under division (D)(1)
of this section. A facility may collect a fee only if it
notifies the person at the time of initial application for
employment of the amount of the fee and that, unless the fee is
paid, the person will not be considered for employment.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the
individual's representative;
(2) The chief administrator of the facility
requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the adult care facility;
(4) A court, hearing officer, or other necessary individual involved
in a case dealing with a denial of employment of the applicant OR DEALING
WITH EMPLOYMENT OR UNEMPLOYMENT BENEFITS OF THE APPLICANT;
(5) ANY PERSON TO WHOM THE REPORT IS PROVIDED PURSUANT TO, AND IN
ACCORDANCE WITH, DIVISION (I)(1) OR (2) OF THIS SECTION.
(F) The public health council shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which an adult
care facility may employ a person who has been convicted of or
pleaded guilty to an offense listed or described in division (C)(1) of
this section but meets personal character standards set by the
council.
(G) The chief administrator of an adult care facility
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who an adult care facility employs in a
position that involves providing direct care to older adults, ALL OF
the
following shall apply:
(1) If the facility employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the facility shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the facility employed the individual in good faith
on a conditional basis pursuant to division (C)(2) of this section, the
facility shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the facility in good faith employed the individual
according to the personal character standards established in rules adopted
under division (F) of this
section, the facility shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator OF AN ADULT CARE FACILITY is
not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
adult care facility by an employment service that supplies full-time,
part-time, or temporary staff for positions involving the direct care of older
adults and both of the following apply:
(1)(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(2)(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division
(C)(1) of this section, OR THE REPORT DEMONSTRATES THAT THE PERSON
HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, BUT
THE ADULT CARE FACILITY CHOOSES TO EMPLOY THE INDIVIDUAL PURSUANT TO DIVISION
(F) OF THIS SECTION.
(2) THE CHIEF ADMINISTRATOR OF AN
ADULT CARE FACILITY IS NOT REQUIRED
TO REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL
IDENTIFICATION AND INVESTIGATION CONDUCT A CRIMINAL RECORDS
CHECK OF AN APPLICANT AND MAY EMPLOY THE APPLICANT
CONDITIONALLY AS DESCRIBED IN THIS DIVISION, IF THE APPLICANT
HAS BEEN REFERRED TO THE FACILITY BY AN EMPLOYMENT SERVICE THAT
SUPPLIES FULL-TIME, PART-TIME, OR TEMPORARY STAFF FOR POSITIONS
INVOLVING THE DIRECT CARE OF OLDER ADULTS AND IF THE CHIEF
ADMINISTRATOR RECEIVES FROM THE EMPLOYMENT SERVICE OR THE
APPLICANT A LETTER FROM THE EMPLOYMENT SERVICE THAT IS ON THE LETTERHEAD OF
THE EMPLOYMENT SERVICE, DATED, AND SIGNED BY A SUPERVISOR OR ANOTHER
DESIGNATED OFFICIAL OF THE EMPLOYMENT SERVICE AND THAT
STATES
THAT THE EMPLOYMENT SERVICE HAS REQUESTED THE SUPERINTENDENT TO
CONDUCT A CRIMINAL RECORDS CHECK REGARDING THE APPLICANT, THAT
THE REQUESTED CRIMINAL RECORDS CHECK WILL INCLUDE A
DETERMINATION OF WHETHER THE APPLICANT HAS BEEN CONVICTED OF OR
PLEADED GUILTY TO ANY OFFENSE LISTED OR DESCRIBED IN DIVISION
(C)(1) OF THIS SECTION,
THAT, AS OF THE DATE SET FORTH ON THE LETTER,
THE EMPLOYMENT SERVICE HAD NOT RECEIVED THE
RESULTS OF THE CRIMINAL RECORDS CHECK, AND THAT, WHEN THE EMPLOYMENT SERVICE
RECEIVES THE RESULTS OF THE CRIMINAL RECORDS CHECK, IT PROMPTLY WILL SEND A
COPY OF THE RESULTS TO THE ADULT CARE FACILITY. IF AN
ADULT CARE FACILITY EMPLOYS AN
APPLICANT CONDITIONALLY IN ACCORDANCE WITH THIS DIVISION, THE EMPLOYMENT
SERVICE, UPON ITS RECEIPT OF THE RESULTS OF THE CRIMINAL RECORDS CHECK,
PROMPTLY SHALL SEND A COPY OF THE RESULTS TO THE ADULT CARE FACILITY, AND
DIVISION
(C)(2)(b)
OF THIS SECTION APPLIES REGARDING THE CONDITIONAL
EMPLOYMENT.
Section 2. That existing sections 173.41, 3701.881, 3712.09, 3721.121, and
3722.151 of the Revised Code are hereby repealed.
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