H. B. 2013
(By Delegate Farris)
[Introduced February 12, 1997; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section two, article two-c, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing for
the mandatory reporting of disciplinary action taken against
aides by or under the auspices of home health care agencies;
and providing that the reporting required be made on a
quarterly basis, beginning on the fifteenth day of April,
one thousand nine hundred ninety-eight.
Be it enacted by the Legislature of West Virginia:
That section two, article two-c, chapter fifteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2C. CENTRAL ABUSE REGISTRY.
§15-2C-2. Central abuse registry; required information;
procedures.
(a) The criminal identification bureau of the West Virginia
state police shall establish a central abuse registry, to contain
information relating to criminal convictions following reports of
child abuse or neglect, abuse or neglect of an incapacitated
adult, and misappropriation of property.
(b) The central abuse registry shall contain, at a minimum,
information relating to: (1) Convictions of a misdemeanor or a
felony constituting abuse, neglect or misappropriation of
property, by an individual performing services for compensation,
within the scope of the individual's employment or contract to
provide services, in a residential care facility, in a licensed
day care center, or in connection with the provision of home care
services; (2) information relating to individuals convicted of
specific offenses enumerated in subsection (a), section three of
this article with respect to a child or an incapacitated adult;
and (3) information relating to all individuals required to
register with the West Virginia state police as sex offenders
pursuant to the provisions of article eight-f, chapter sixty-one
of this code;
and (4) information relating to any disciplinary
action taken against any aide employed by or under the auspices
of any certified or licensed home health care agency. TheSuch
information shall include, at a minimum: (i) The date of the
conduct for which disciplinary action was taken; (ii) the conduct
for which disciplinary action was taken; (iii) the type of disciplinary action taken; and (iv) whether the aide had ever
been reprimanded or disciplined in the past for similar
misconduct: Provided, That, it shall be the duty of any home
health care agency operating, or certified or licensed to operate
in this state, to provide information of any disciplinary action
taken against any aide, on a quarterly basis: Provided, however,
That, the first quarter reporting requirement provided for
hereunder shall commence on the fifteenth day of April, one
thousand nine hundred and ninety-eight.
The central abuse registry shall contain the following
information with respect to an individual found to have committed
an act of abuse, neglect or misappropriation of property, or an
individual convicted of a felony offense:
(1) The individual's full name;
(2) Sufficient information to identify the individual,
including date of birth, social security number and fingerprints
if available;
(3) Identification of the criminal offense constituting
abuse, neglect or misappropriation of property of a child or an
incapacitated adult;
(4) For cases involving abuse, neglect or misappropriation
of property of a child or an incapacitated adult in a residential
care facility or a day care center, or of a child or an
incapacitated adult receiving home care services, sufficient information to identify the location where such
such the
documentation of any investigation by the department of health
and human resources is on file and the location of pertinent
court files; and
(5) Any statement by the individual disputing the
conviction, if he or she chooses to make and file one.
(c) Upon conviction in the criminal courts of this state of
a misdemeanor or a felony offense constituting child abuse or
neglect or abuse or neglect of an incapacitated adult, the
individual so convicted shall be placed on the central abuse
registry.
NOTE: The purpose of this bill is to provide for the
mandatory reporting to the central abuse registry any
disciplinary action taken against any aid by or under the
auspices of any home health care agency.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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