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Office of the Revisor of Statutes

SF 1397 Senate Long Description

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)