1Amending the act of November 6, 1987 (P.L.381, No.79), entitled
2"An act relating to the protection of the abused, neglected,
3exploited or abandoned elderly; establishing a uniform
4Statewide reporting and investigative system for suspected
5abuse, neglect, exploitation or abandonment of the elderly;
6providing protective services; providing for funding; and
7making repeals," providing for background checks for
8applicants and recipients.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. The act of November 6, 1987 (P.L.381, No.79),
12known as the Older Adults Protective Services Act, is amended by
13adding a chapter to read:

14CHAPTER 6

15BACKGROUND CHECKS

16FOR APPLICANTS AND RECIPIENTS

17Section 601. Background checks for applicants and recipients.

18(a) Applicants.--

19(1) Prior to the admission of an applicant to a facility
20as a resident, the facility shall perform a search for the
21applicant's name on the Pennsylvania State Police registry of

1offenders and sexually violent predators established under 42
2Pa.C.S. § 9799.28 (relating to public Internet website).

3(2) Prior to the admission of an applicant who
4previously resided outside this Commonwealth to a facility as
5a resident, the facility shall perform a search for the
6applicant's name on the Dru Sjodin National Sex Offender
7Public Website, established under section 120 of the Adam
8Walsh Child Protection and Safety Act of 2006 (Public Law
9109-248, 120 Stat. 587).

10(b) Recipients.--Within 30 days of the effective date of
11this section, the facility shall search:

12(1) The Pennsylvania State Police registry of offenders
13and sexually violent predators established under 42 Pa.C.S. §
149799.28 using the names of recipients who are residents of
15the facility as search criteria.

16(2) The Dru Sjodin National Sex Offender Public Website
17established under section 120 of the Adam Walsh Child
18Protection and Safety Act of 2006 using the names of
19recipients who are residents of the facility who previously
20resided outside this Commonwealth as search criteria.

21Section 602. Information relating to applicants and recipients.

22In no case may a facility admit an applicant as a resident or
23retain a recipient as a resident if it finds the applicant or
24recipient listed on either:

25(1) the Pennsylvania State Police registry of offenders
26and sexually violent predators established under 42 Pa.C.S. §
279799.28 (relating to public Internet website); or

28(2) the Dru Sjodin National Sex Offender Public Website
29established under section 120 of the Adam Walsh Child
30Protection and Safety Act of 2006 (Public Law 109-248, 120

1Stat. 587).

2Section 603. Immunity.

3An administrator or a facility shall not be held civilly
4liable for any action directly related to good faith compliance
5with this chapter.

6Section 2. This act shall take effect in 60 days.