(A)(1) A direct care entity employing or contracting with a direct caregiver shall conduct a criminal record check as provided in this section prior to employing or contracting with the direct caregiver. A direct care entity may consider all information revealed by a criminal record check as a factor in evaluating a direct caregiver's application to be employed by or contract with the entity.
(2) An employment agency may not furnish employees to a direct care entity without conducting a criminal record check on each employee. An employee who works in multiple direct care settings must have a criminal record check on file at the location of the employment agency, the home office of his employer, or at the individual's primary place of employment.
(B) For purposes of this article:
(1) "Direct care entity" means:
(a) a nursing home, as defined in Section 44-7-130;
(b) a daycare facility for adults, as defined in Section 44-7-130;
(c) a home health agency, as defined in Section 44-69-20;
(d) a community residential care facility, as defined in Section 44-7-130;
(e) a residential program operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs;
(f) residential treatment facilities for children and adolescents;
(g) hospice programs.
(h) an in-home care provider, as defined in Section 44-70-20(3).
(2) "Direct caregiver" or "caregiver" means:
(a) a registered nurse, licensed practical nurse, or certified nurse assistant;
(b) any other licensed professional employed by or contracting with a direct care entity who provides to patients or clients direct care or services and includes, but is not limited to, a physical, speech, occupational, or respiratory care therapist;
(c) a person who is not licensed but provides physical assistance or care to a patient or client served by a direct care entity;
(d) a person employed by or under contract with a direct care entity who works within any building housing patients or clients;
(e) a person employed by or under contract with by a direct care entity whose duties include the possibility of patient or client contact.
For purposes of this article, a direct caregiver does not include a faculty member or student enrolled in an educational program, including clinical study in a direct care entity.
(C)(1) A direct caregiver applicant shall provide verification of residency for the twelve months preceding the date of the employment application. The direct care entity shall conduct a state criminal record check if the applicant has resided in South Carolina during that twelve-month period and can verify residency through:
(a) a driver's license or identification card issued by the State of South Carolina;
(b) rent, mortgage, or utility receipts in the applicant's name for a home within South Carolina;
(c) pay stubs in the applicant's name from a business located in South Carolina; or
(d) bank records in the applicant's name showing a deposit or checking account held in a South Carolina branch office of a bank.
(2) A direct care entity unable to verify South Carolina residency for a direct care applicant for the preceding twelve months shall conduct a state criminal record check on the applicant prior to employment and shall commence a federal criminal record check after employment. However, if the direct care entity can verify residency in another state for the preceding twelve months, the direct care entity may conduct only a state criminal record check in the applicant's resident state or jurisdiction where the applicant previously resided.
HISTORY: 2002 Act No. 242, Section 1, eff July 1, 2002; 2004 Act No. 264, Section 1, eff July 6, 2004; 2006 Act No. 301, Section 11, eff May 23, 2006; 2010 Act No. 207, Section 2, eff June 7, 2010; 2011 Act No. 18, Section 2, eff May 11, 2011.