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Vance Introduces Legislation to Protect Nursing Home Patients
HARRISBURG -- Nursing
home patients would have an added layer of protection under legislation
introduced recently by Sen. Patricia Vance (R-Cumberland/York).
SB 273 is in response to the
state Supreme Court striking down legislation Vance spearheaded in 1997, while a
member of the House, that banned people from working at a long-term care
facility for life if they committed certain criminal offenses. Those who had
been working at a long-term care facility for a year before enactment of the law
were exempt from the background check unless, and until, they changed jobs.
“We must move quickly to enact
this important legislation,” Vance said. “Without this change in the law,
long-term care facilities are not obligated to perform background checks.
Residents of long-term care facilities are especially at risk of become a victim
of a crime. By precluding some convicts from employment, the chances of a
senior being victimized will be reduced.”
The legislation creates two
separate and distinct categories of crimes for which convictions would preclude
an individual from being employed in a long-term care facility. A person would
be banned for life from working in a long-term care facility if he or she
committed any offense that constitutes serious physical harm, a threat of
serious physical harm or conduct that shows a reckless disregard for the
vulnerability of care-dependent populations.
A person would be banned for 10
years from working at a long-term care facility if he or she committed an
offense related to misappropriation or misuse of property or convictions
involving inappropriate or irresponsible behavior. Time spent in prison does
not count toward the 10 years. Those who fall under this 10-year ban can appeal
the ban if the conviction occurred at least five years prior, not including time
spend incarcerated.
These criminal conviction
provisions apply to all employees of a facility. An employee is defined as
anyone having direct contact with care recipients or anyone who has unsupervised
access to their living quarters.
“Physicians and nurses already
must be free of certain criminal convictions for at least 10 years before
receiving their medical licenses,” Vance said. “It only makes sense that this
should apply to all employees at long-term care facilities.”
Finally, the bill provides an
applicant or employee with the right to review, challenge and appeal the
completeness or accuracy of his or her criminal history report and the
conviction comparison interpretation involving a federal criminal history
record.
Vance’s district includes all
of Cumberland County and Carroll, Fairview, Franklin, Monaghan, Warrington and
Washington townships and Dillsburg, Franklintown and Wellsville boroughs in York
County.
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