SB-0787, As Passed Senate, February 1, 2012

SUBSTITUTE FOR

SENATE BILL NO. 787

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 21313 (MCL 333.21313), as amended by 2010 PA

381.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 21313. (1) The owner, operator, and governing body of a

home for the aged are responsible for all phases of the operation

of the home and shall assure that the home maintains an organized

program to provide room and board, protection, supervision,

assistance, and supervised personal care for its residents.

(2) The owner, operator, and governing body shall assure the

availability of emergency medical care required by a resident.

(3) The owner, operator, or member of the governing body of a

home for the aged and the authorized representative shall be of

good moral character.

(4) The department of human services shall not issue a license

to or renew the license of an owner, operator, or member of the

governing body, who has regular direct access to residents or who

has on-site facility operational responsibilities, or an applicant,

if an individual or the authorized representative, if any of those

individuals have been convicted of 1 or more of the following:

(a) A felony under this act or under chapter XXA of the

Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.

(b) A misdemeanor under this act or under chapter XXA of the

Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r, within

the 10 years immediately preceding the application.

or criminal sexual conduct or involving fraud or theft against a

vulnerable adult as that term is defined in section 145m of the

Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or

federal crime that is substantially similar to a misdemeanor

described in this subdivision within the 10 years immediately

preceding the application.

(5) The applicant for a license for a home for the aged, if an

individual, shall give written consent at the time of license

application ~~for the department of state police to conduct a~~

~~criminal history check and criminal records check. The~~ and the

authorized representative shall give written consent at the time of

appointment, for the department of state police to conduct a

~~criminal history check and criminal records check.~~both of the

following:

(a) A criminal history check.

(b) A criminal records check through the federal bureau of

investigation.

(6) An Unless already submitted under subsection (5), an

owner, operator, or member of the governing body who has regular

direct access to residents or who has on-site facility operational

responsibilities for a home for the aged shall give written consent

at the time of license application for the department of state

police to conduct ~~a criminal history check and criminal records~~

~~check.~~both of the following:

(a) A criminal history check.

(b) A criminal records check through the federal bureau of

investigation.

(7) The department of human services shall require the

applicant, authorized representative, owner, operator, or member of

the governing body who has regular direct access to residents or

who has on-site facility operational responsibilities to submit his

or her fingerprints to the department of state police for the

criminal history check and criminal records check described in

subsections (5) and (6).

(8) ~~(7)~~ Not later than 1 year after the effective date of the

~~2010~~ 2012 amendatory act that ~~added~~ amended this subsection, all

owners, operators, and members of the governing body of homes for

the aged who have regular direct access to residents or who have

on-site facility operational responsibilities and all authorized

representatives shall comply with the requirements of this section.

(9) ~~(8)~~ The department of human services shall request a

criminal history check and criminal records check in the manner

prescribed by the department of state police. The department of

state police shall conduct the criminal history check and provide a

report of the results to the licensing or regulatory bureau of the

department of human services. The report shall contain any criminal

history information on the person maintained by the department of

state police and the results of the criminal records check from the

federal bureau of investigation. The department of state police may

charge the person on whom the criminal history check and criminal

records check are performed under this section a fee for the checks

required under this section that does not exceed the actual cost

and reasonable cost of conducting the checks.

(10) Beginning the effective date of the 2012 amendatory act

that added this subsection, if an applicant, authorized

representative, owner, operator, or member of the governing body

who has regular direct access to residents or who has on-site

facility operational responsibilities applies for a license or to

renew a license to operate a home for the aged and previously

underwent a criminal history check and criminal records check

required under subsection (5) or (6) or under section 134a of the

mental health code, 1974 PA 258, MCL 330.1134a, and has remained

continuously licensed or continuously employed under section 20173a

or under section 34b of the adult foster care facility licensing

act, 1979 PA 218, MCL 400.734b, after the criminal history check

and criminal records check have been performed, the applicant,

authorized representative, owner, operator, or member of the

governing body who has regular direct access to residents or who

has on-site facility operational responsibilities is not required

to submit to another criminal history check or criminal records

check upon renewal of the license obtained under this section.

(11) ~~(9)~~ The department of state police shall store and

maintain all fingerprints submitted under this act in an automated

fingerprint identification system database that provides for an

automatic notification at the time a subsequent criminal arrest

fingerprint card submitted into the system matches a set of

fingerprints previously submitted in accordance with this act. At

the time of that notification, the department of state police shall

immediately notify the department of human services. The department

of human services shall take the appropriate action upon

notification by the department of state police under this

subsection.

(12) ~~(10)~~ An applicant, owner, operator, member of a governing

body, or authorized representative of a home for the aged shall not

be present in a home for the aged if he or she has been convicted

of either of the following:

(a) Vulnerable adult abuse, neglect, or financial

exploitation.

(b) A listed offense as defined in section 2 of the sex

offenders registration act, 1994 PA 295, MCL 28.722.