Colorado § 25-1-124.5 - Nursing care facilities - employees - record check - adult protective services data system check - definition.

§ 25-1-124.5. Nursing care facilities - employees - record check - adult protective services data system check - definition.

(1) On and after September 1, 1996, prior to employing any person, a nursing care facility or the person seeking employment at a nursing care facility shall make an inquiry to the director of the Colorado bureau of investigation or to private criminal background check companies authorized to do business in the state of Colorado to ascertain whether the person has a criminal history, including arrest and conviction records. The Colorado bureau of investigation or private criminal background check companies are authorized to utilize fingerprints to ascertain from the federal bureau of investigation whether the person has a criminal history record. When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the nursing care facility shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The nursing care facility or the person seeking employment in a nursing care facility shall pay the costs of an inquiry or a name-based judicial record check performed pursuant to this section. The record check must be conducted not more than ninety days prior to the employment of the applicant. For purposes of this section, criminal background check companies must be approved by the state board of nursing. In approving the companies, approval must be based upon the provision of lawfully available, accurate, and thorough information pertaining to criminal histories, including arrest and conviction records.

(2) As used in this section, "nursing care facility" includes:

(a) A nursing facility as defined in section 25.5-4-103 (14), C.R.S.;

(b) An intermediate nursing facility for persons with intellectual and developmental disabilities as defined in section 25.5-4-103 (9);

(c) An adult day care facility as defined in section 25.5-6-303 (1), C.R.S.;

(d) An alternative care facility as defined in section 25.5-6-303 (3), C.R.S.;

(e) Any business that provides temporary nursing care services or that provides personnel who provide such services.

(3) In addition to the background check required pursuant to this section, on and after January 1, 2024, prior to employment, a nursing care facility shall submit the name of a person who will be providing direct care, as defined in section 26-3.1-101 (3.5), to an at-risk adult, as defined in section 26-3.1-101 (1.5), and the name of a person who will be serving as a nursing home administrator, as defined in section 12-265-103 (2), as well as any other required identifying information, to the department of human services for a check of the Colorado adult protective services data system pursuant to section 26-3.1-111, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.

Source: L. 2002: Entire section added, p. 1180, § 3, effective July 1. L. 2006: (2)(a) to (2)(d) amended, p. 2013, § 82, effective July 1. L. 2017: IP(2) and (2)(b) amended, (HB 17-1046), ch. 50, p. 159, § 12, effective March 16; (2)(b) amended, (SB 17-242), ch. 263, p. 1322, § 181, effective May 25; (3) added, (HB 17-1284), ch. 272, p. 1504, § 8, effective May 31. L. 2019: (1) amended, (HB 19-1166), ch. 125, p. 552, § 35, effective April 18. L. 2022: (1) and (3) amended, (HB 22-1270), ch. 114, p. 525, § 37, effective April 21. L. 2023: (3) amended, (SB 23-155), ch. 327, p. 1961, § 4, effective January 1, 2024.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.