THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HACKETT, HENNESSEY, BISHOP, BOYD, CONKLIN, P. COSTA, DAVIS, DONATUCCI, GINGRICH, GODSHALL, HARHART, HESS, KAUFFMAN, KILLION, KORTZ, LAWRENCE, MARSICO, MICOZZIE, MILLARD, MILLER, MURPHY, MURT, PICKETT, QUINN, RAPP, ROSS, SAYLOR, CULVER, STEPHENS, TAYLOR, TRUITT, VULAKOVICH AND WATSON, MAY 24, 2012

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MAY 24, 2012  

AN ACT

Amending the act of November 6, 1987 (P.L.381, No.79), entitled

"An act relating to the protection of the abused, neglected,

exploited or abandoned elderly; establishing a uniform

Statewide reporting and investigative system for suspected

abuse, neglect, exploitation or abandonment of the elderly;

providing protective services; providing for funding; and

making repeals," in criminal history for employees, further

providing for information relating to prospective facility

personnel.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 502 of the act of November 6, 1987

(P.L.381, No.79), known as the Older Adults Protective Services

Act, added Dec. 18, 1996, P.L.1125, No.169, is amended to read:

Section 502.  Information relating to prospective facility

personnel.

(a)  General rule.--A facility shall require all applicants

to submit with their applications, and shall require all

administrators and any operators who have or may have direct

contact with a recipient to submit, the following information

obtained within the preceding one-year period:

(1)  Pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal

history record information), a report of criminal history

record information from the State Police or a statement from

the State Police that their central repository contains no

such information relating to that person. The criminal

history record information shall be limited to that which is

disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to

general regulations).

(2)  Where the applicant is not and for the two years

immediately preceding the date of application has not been a

resident of this Commonwealth, administration shall require

the applicant to submit with the application for employment a

report of Federal criminal history record information

pursuant to the Federal Bureau of Investigation's

appropriation under the Departments of State, Justice, and

Commerce, the Judiciary, and Related Agencies Appropriation

Act, 1973 (Public Law 92-544, 86 Stat. 1109). The department

shall be the intermediary for the purposes of this paragraph.

For the purposes of this paragraph, the applicant shall

submit a full set of fingerprints [to the State Police, which

shall forward them] in a manner prescribed by the department.

The Commonwealth shall submit the fingerprints to the Federal

Bureau of Investigation for a national criminal history

record check. The information obtained from the criminal

record check shall be used by the department to determine the

applicant's eligibility. The determination shall be submitted

to the administrator by the applicant prior to commencing

employment. The administrator shall insure confidentiality of

the information. The provisions of 18 Pa.C.S. § 9121(b)(2)

shall not apply if the request for a report of Federal

criminal history record information is made pursuant to this

section.

(b)  Fees.--The State Police may charge the applicant a fee

[of not more than $10] to conduct the criminal record check

required under subsection (a)(1). The State Police may charge a

fee [of not] more than the established charge by the Federal

Bureau of Investigation for the criminal history record check

required under subsection (a)(2). The State Police shall develop

a billing system to allow facilities and administrators to

assume responsibility for the fee under this subsection. The

State Police shall allow facilities or administrators to

establish an account for quarterly payment.

Section 2.  This act shall take effect in six months.