To repeal section 43.540, RSMo 1994, and to enact in lieu thereof two new sections relating to health care employees, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 43.540, RSMo 1994, is repealed and two new sections enacted in lieu thereof to be known as section 43.540 and 660.317, to read as follows:

43.540. 1. As used in this section, the following terms mean:

(1) "Criminal record review", a request to the highway patrol for information concerning any criminal history record for a felony or misdemeanor;

(2) "Patrol", the Missouri state highway patrol;

(3) "Provider", any licensed day care home, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed foster family group home, [or] licensed foster family home, any person, corporation or association licensed as an operator under chapter 198, RSMo, any person, corporation or association who provides in-home services, any person, corporation or association who employs nurses and nursing assistants for temporary or intermittent placement in health care facilities, or any entity licensed under chapter 197, RSMo;

(4) "Patient", a person who by reason of aging, illness, disease or physical or mental infirmity receives or requires care and services furnished by a provider as defined in this section;

[(4)] (5) "Youth services agency", any public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors.

2. Upon receipt of a written request from a youth service agency or a provider, with the written consent of the applicant, the highway patrol shall conduct a criminal record review of an applicant for a paid or voluntary position with the agency or provider if such position would place the applicant in [direct] contact with minors or patients as defined in this section.

3. Any request for information made pursuant to the provisions of this section shall be on a form provided by the highway patrol, [and] shall be signed by the person who is the subject of the request[.], and shall include a money order or check payable to the state of Missouri to cover the costs of the criminal record review. When a person applies for a paid position, the provider or the applicant shall pay for the criminal record review. When a person applies for a voluntary position, the provider shall pay for the criminal record review. Fees for a criminal record review shall not exceed the fees in section 43.530, RSMo. Each request shall be limited to one individual.

4. Pursuant to sections 43.507 and 610.120, RSMo, the patrol shall respond in writing to the youth service agency or provider making a request for information under this section as soon as possible but not to exceed two weeks and shall inform such youth service agency or provider of the nature of the offense, and the date, place and court. Notwithstanding any other provision of law to the contrary, the youth service agency or provider making such request shall have access to all records of arrests resulting in an adjudication where the applicant was found guilty or entered a plea of guilty or nolo contendere in a prosecution under sections 566.010 to 566.141, RSMo, or under the laws of any state or the United States for offenses described in sections 566.010 to 566.141, RSMo, during the period of any probation imposed by the sentencing court.

5. Any information received by a provider or a youth services agency under this section shall be used solely for the providers or youth service agencies' internal purposes in determining the suitability of an applicant or volunteer. The information shall be confidential and any person who discloses the information beyond the scope allowed in this section shall be subject to a class A misdemeanor. The patrol shall inform, in writing, the provider or youth services agency of the requirements of this subsection and the penalties therein at the time it releases any information under this section.

660.317. 1. Before hiring any applicant for a paid or voluntary position, any person, corporation or association who:

(1) Is licensed as an operator under chapter 198, RSMo;

(2) Provides in-home services under contract with the department;

(3) Employs nurses and nursing assistants for temporary or intermittent placement in health care facilities; or

(4) Is an entity licensed under chapter 197, RSMo,

shall ascertain if such applicant for a paid or voluntary position is on the employee disqualification list and shall request a criminal background check as provided in section 610.120.

2. Failure by any person, corporation or association identified in subsection 1 of this section to ascertain if such applicant for a paid or voluntary position is on the employee disqualification list and to request a criminal background check as provided in section 610.120, RSMo, shall be a class A misdemeanor.