§ 23-1-52. Adult daycare program licensure.
(a) The director is authorized and directed to establish a program for the licensure of adult daycare programs. “Adult daycare program” shall mean a comprehensive, nonresidential program designed to address the biological, psychological, and social needs of adults through individual plans of care that incorporate, as needed, a variety of health, social, and related support services in a protective setting. The director is further authorized to promulgate regulations as he or she deems necessary to implement these provisions.
(b) Any person seeking employment in any adult daycare facility licensed herein and having routine contact with an adult daycare client, or having access to such a client’s belongings or funds, shall undergo a national criminal records check that shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department of attorney general. The national criminal records check shall be processed prior to, or within one week of, employment. All persons who, as of September 30, 2014, are already employed by an adult daycare facility and all persons who, as of such date, already provide services under this section shall be exempted from the requirements of this section for purposes of their current employment only.
(1) The director may, by rule, identify those positions requiring national criminal records checks. The employee, through the employer, shall apply to the bureau of criminal identification of the department of attorney general for a national criminal records check. Upon the discovery of any disqualifying information as defined in § 23-1-52(c), and in accordance with rules promulgated by the director, the bureau of criminal identification of the department of attorney general shall inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, shall notify the employer, in writing, that disqualifying information has been discovered.
(2) An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer. The employer shall make a judgment regarding the continued employment of the employee.
(3) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the department of attorney general shall inform the applicant and the employer, in writing, of this fact.
(4) The employer shall maintain on file, subject to inspection by the department of health, evidence that statewide criminal records checks have been initiated on all employees seeking employment between January 1, 2008, and September 30, 2014, and the results of the checks. The employer shall maintain on file, subject to inspection by the department, evidence that national criminal records checks have been initiated on all employees seeking employment on or after October 1, 2014, and the results of those checks. Failure to maintain that evidence may be grounds to revoke the license or registration of the employer.
(5) The employee shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of attorney general.
(c) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crimes against nature), felony assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery, felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny, or felony banking law violations, or a crime under section 1128(a) of the Social Security Act (42 U.S.C. § 1320a-7(a)). An employee against whom disqualifying information has been found may provide a copy of the national criminal records check to the employer who shall make a judgment regarding the continued employment of the employee. For purposes of this subsection, “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.
History of Section.P.L. 2007, ch. 73, art. 24, § 2; P.L. 2014, ch. 347, § 2; P.L. 2014, ch. 399, § 2.
Structure Rhode Island General Laws
Chapter 23-1 - Department of Health
Section 23-1-1. - General functions of department.
Section 23-1-1.1. - Health planning — Findings.
Section 23-1-1.2. - Health planning process.
Section 23-1-1.3. - Transfer of responsibilities.
Section 23-1-2. - Inquiries to local authorities and physicians.
Section 23-1-3. - Maintenance of laboratories.
Section 23-1-4. - Vital records.
Section 23-1-5. - Enforcement of sanitary laws.
Section 23-1-5.1. - Laboratory testing services.
Section 23-1-5.2. - Office of private well water contamination.
Section 23-1-5.3. - Duties of the office of private well water contamination.
Section 23-1-5.4. - Access to information.
Section 23-1-5.5. - Annual report.
Section 23-1-5.7. - Well water purification licensing.
Section 23-1-6. - Shellfish packing houses.
Section 23-1-7. - Industrial hygiene.
Section 23-1-8. - Forensic scientist — Crime detection.
Section 23-1-9. - Annual report to general assembly.
Section 23-1-10 - — 23-1-12. Repealed.
Section 23-1-13. - Appropriations and disbursements.
Section 23-1-14. - Vouchers for disbursements.
Section 23-1-15. - Providing a physician for New Shoreham.
Section 23-1-16. - Receipt and use of funds.
Section 23-1-16.1. - Letters of license verification — Fees.
Section 23-1-17. - Additional general powers.
Section 23-1-18. - Power to provide rules and regulations in specific areas.
Section 23-1-19. - Inspection and examination — Penalty for obstruction.
Section 23-1-20. - Compliance order.
Section 23-1-21. - Immediate compliance order.
Section 23-1-23. - Enforcement of compliance orders.
Section 23-1-24. - Review by supreme court.
Section 23-1-26. - Adoption of regulations — Status of present regulations.
Section 23-1-27. - Exemption from hearing provisions of Administrative Procedures Act.
Section 23-1-28. - Definitions.
Section 23-1-29. - Delegation.
Section 23-1-31. - Approval of construction by director.
Section 23-1-32. - Limitation on civil liability.
Section 23-1-33. - Dr. Charles V. Chapin Health Laboratory.
Section 23-1-34. - Health promotion income.
Section 23-1-36.1. - [Repealed.]
Section 23-1-38. - HIV antibody testing — Sperm collection or donation.
Section 23-1-39. - Tattooing and/or body piercing.
Section 23-1-39.1. - Laser pointing device.
Section 23-1-40. - Misrepresentation on menu of food or food products.
Section 23-1-41. - Rhode Island public health foundation.
Section 23-1-42. - Renewal of licenses, certifications and registration — Date changes.
Section 23-1-42.1. - Wallet license cards for healthcare professionals.
Section 23-1-43. - Minority population health promotion.
Section 23-1-44. - Routine childhood and adult immunization vaccines.
Section 23-1-45. - Immunization account.
Section 23-1-47. - Health care providers — Immunities.
Section 23-1-48. - Reimbursement for medical record copies.
Section 23-1-49. - Registry of persons with head injuries and/or spinal cord injuries.
Section 23-1-50. - Public Records — Exemption — Requirements.
Section 23-1-51. - Severability.
Section 23-1-52. - Adult daycare program licensure.
Section 23-1-53. - Cost of legal fees.
Section 23-1-54. - Fees payable to the department of health.
Section 23-1-57. - Penalties for unlicensed business.
Section 23-1-58. - Penalty for operating without a dealer license.