Legislative Session number- 82

Bill Name: SF1397

E Modifying certain provisions regulating background studies under certain
programs licensed by the departments of health or human services; clarifying a
certain provision regulating access to personal and personal financial data;
requiring background studies on individuals performing direct contact services
in nursing or boarding care homes or home care agencies and defining access for
background studies requirements purposes; expanding the definition of license
holder for human services licensing purposes; excluding certain consumer
directed community support services funded under the medicaid waiver for persons
with mental retardation and related conditions from licensing requirements;
modifying background study requirements for human services licensing purposes,
defining certain terms; prohibiting the retention of persons disqualified due to
a background check in positions allowing access to persons served by the
program, exceptions; modifying certain notice requirements; authorizing
disqualified individuals to request additional time for reconsideration under
certain conditions; requiring commissioner rescission of the disqualification
upon a finding of reliance on incorrect information and expanding the factors to
be considered by the commissioner in setting aside disqualifications and the
provision prohibiting disqualification set asides for applicants for certain
licenses, requiring disqualification and prohibiting disqualification set asides
for felony level convictions involving alcohol or drug use under certain
conditions; eliminating the authority of health related licensing boards to make
disqualification determinations; authorizing and providing for commissioner
variances for certain disqualified individuals; authorizing licensed residential
programs to continue to serve persons reaching adult age for secondary school
program completion purposes under certain conditions; imposing certain fines for
license holder substantiated maltreatment and for failure to submit a background
study; requiring license holders providing child care to provide staff persons,
caregivers and helpers with training on reducing the risk of sudden infant death
syndrome (SIDS); excluding certain variances from the delegation of variance
authority to county and private agencies; repealing certain rules relating to
background studies; specifying certain reference replacement instructions to the
revisor of statutes (je, ja)