1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1511 By: Garvin
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6 AS INTRODUCED
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7 An Act relating to long-term care; amending 63 O.S.
7 2021, Section 1-1950.1, which relates to criminal
8 history background checks for nurse aides; modifying
8 time period of certain requirement; modifying certain
9 restrictions on employment; updating statutory
9 language; updating statutory references; and
10 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1950.1, is
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14 amended to read as follows:
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15 Section 1-1950.1. A. For purposes of this section:
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16 1. “Nurse aide” means any person who provides, for
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17 compensation, nursing care or health-related services to residents
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18 in a nursing facility, a specialized facility, a residential care
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19 home, continuum of care facility, assisted living center, or an
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20 adult day care center and who is not a licensed health professional.
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21 Such term also means any person who provides such services to
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22 individuals in their own homes as an employee or contract provider
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23 of a home health or home care agency, or as a contract provider of
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24 the Medicaid State Plan Personal Care Program;
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 1 2. “Employer” means any of the following facilities, homes,
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2 agencies, or programs which are subject to the provision of this
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3 section:
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4 a. a nursing facility or specialized facility as such
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5 terms are defined in the Nursing Home Care Act,
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6 b. a residential care home as such term is defined by the
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7 Residential Care Act,
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8 c. an adult day care center as such term is defined in
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9 the Adult Day Care Act,
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10 d. an assisted living center as such term is defined by
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11 the Continuum of Care and Assisted Living Act,
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12 e. a continuum of care facility as such term is defined
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13 by the Continuum of Care and Assisted Living Act,
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14 f. a home health or home care agency,
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15 g. the Department of Human Services, in its capacity as
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16 an operator of any hospital or health care institution
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17 or as a contractor with providers under the Medicaid
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18 State Plan Personal Care Program,
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19 h. any facility operated by the Oklahoma Department of
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20 Veterans Affairs, and
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21 i. any facility approved and annually reviewed by the
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22 United States Department of Veterans Affairs as a
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23 medical foster home in which care is provided
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24 exclusively to three or fewer veterans;
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 1 3. “Home health or home care agency” means any person,
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2 partnership, association, corporation, or other organization which
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3 administers, offers, or provides health care services or supportive
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4 assistance for compensation to three or more ill, disabled, or
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5 infirm persons in the temporary or permanent residence of such
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6 persons, and includes any subunits or branch offices of a parent
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7 home health or home care agency;
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8 4. “Bureau” means the Oklahoma State Bureau of Investigation;
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9 and
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10 5. “Completion of the sentence” means the last day of the
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11 entire term of the incarceration imposed by the sentence including
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12 any term that is deferred, suspended, or subject to parole.
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13 B. Before any employer makes an offer to employ or to contract
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14 with a nurse aide begins employment or a contract to provide nursing
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15 care, health-related services, or supportive assistance to any
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16 individual, the employer shall provide for a criminal history
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17 background check to be made on the nurse aide pursuant to the
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18 provisions of the Long-Term Long-term Care Security Act. If the
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19 employer is a facility, home, or institution which is part of a
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20 larger complex of buildings, the requirement of a criminal history
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21 background check shall apply only to an offer of employment or
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22 contract made to a person who will work primarily in the immediate
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23 boundaries of the facility, home, or institution.
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 1 Where the provisions of the Long-Term Long-term Care Security
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2 Act pertaining to registry screenings and national criminal history
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3 record check checks are not in effect pending an effective date
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4 established in rulemaking, an employer is authorized to obtain any
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5 criminal history background records maintained by the Bureau
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6 pursuant to the following:
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7 1. The employer shall request the Bureau to conduct a criminal
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8 history background check on the nurse aide and shall provide to the
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9 Bureau any relevant information required by the Bureau to conduct
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10 the check. The employer shall pay a fee of Fifteen Dollars ($15.00)
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11 to the Bureau for each criminal history background check that is
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12 conducted pursuant to such a request;
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13 2. An employer may make an offer of temporary employment to a
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14 nurse aide pending the results of the criminal history background
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15 check. The employer in such instance shall provide to the Bureau
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16 the name and relevant information relating to the person within
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17 seventy-two (72) hours after the date the person accepts temporary
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18 employment. The employer shall not hire or contract with the nurse
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19 aide on a permanent basis until the results of the criminal history
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20 background check are received;
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21 3. An employer may accept a criminal history background report
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22 less than one (1) year old of a person to whom such employer makes
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23 an offer of employment. The report shall be obtained from the
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 1 previous employer or contractor of such person and shall only be
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2 obtained upon the written consent of such person; and
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3 4. Every employer while subject to the provisions of this
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4 subsection shall inform each applicant for employment, or each
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5 prospective contract provider, as applicable, that the employer is
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6 required to obtain a criminal history background record before
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7 making an offer of permanent employment or contract to a nurse aide.
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8 C. 1. If the results of a criminal history background check
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9 reveal that the subject person has been convicted of, pled guilty or
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10 no contest to, or received a deferred sentence for, a felony or
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11 misdemeanor offense for any of the following offenses in any state
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12 or federal jurisdiction, the employer shall not hire or contract
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13 with the person:
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14 a. abuse, neglect, or financial exploitation of any
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15 person entrusted to the care or possession of such
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16 person,
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17 b. rape, incest, or sodomy, or any crime that resulted in
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18 the person being registered on a sex offender registry
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19 at any time,
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20 c. child abuse,
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21 d. murder or attempted murder,
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22 e. manslaughter,
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23 f. kidnapping,
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24 g. human trafficking,
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 1 h. aggravated assault and battery,
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2 h. i. assault and battery with a dangerous weapon, or
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3 i. j. arson in the first degree.
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4 2. If less than seven (7) five (5) years have elapsed since the
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5 completion of sentence, and the results of a criminal history check
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6 reveal that the subject person has been convicted of, or pled guilty
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7 or no contest to, a felony or misdemeanor offense for any of the
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8 following offenses, in any state or federal jurisdiction, the
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9 employer shall not hire or contract with the person:
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10 a. assault,
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11 b. battery,
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12 c. indecent exposure and indecent exhibition, except
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13 where such offense disqualifies the applicant as a
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14 registered sex offender,
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15 d. pandering,
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16 e. burglary in the first or second degree,
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17 f. robbery in the first or second degree,
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18 g. robbery or attempted robbery with a dangerous weapon,
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19 or imitation firearm,
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20 h. arson in the second degree,
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21 i. unlawful manufacture, distribution, prescription, or
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22 dispensing of a Schedule I through V drug as defined
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23 by the Uniform Controlled Dangerous Substances Act,
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24 j. grand larceny, or
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 1 k. petit larceny or shoplifting.
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2 D. An employer shall not employ or continue employing a person
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3 addicted to any Schedule I through V drug as specified by the
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4 Uniform Controlled Dangerous Substances Act unless the person
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5 produces evidence that the person has successfully completed a drug
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6 rehabilitation program.
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7 E. All employment eligibility determination records received by
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8 the employer pursuant to this section are confidential and are for
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9 the exclusive use of the State Department of Health and the employer
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10 which requested the information. Except on court order or with the
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11 written consent of the person being investigated, the records shall
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12 not be released or otherwise disclosed to any other person or
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13 agency. These records shall be destroyed after one (1) year from
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14 the end of employment of the person to whom such records relate.
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15 F. As part of the inspections required by the Nursing Home Care
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16 Act, Continuum of Care and Assisted Living Act, the Residential Care
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17 Act, and the Adult Day Care Act, the State Department of Health
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18 shall review the employment files of any facility, home, or
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19 institution required to obtain a criminal history background
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20 determination to ensure such facilities, homes, or institutions are
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21 in compliance with the provisions of this section.
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22 SECTION 2. This act shall become effective November 1, 2024.
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24 59-2-3091 CN 12/19/2023 8:48:45 AM
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