Section 19B:19 - [See also Version 2 as added by a different 2014 act] Fingerprint-based checks on applicants seeking license for client population residential or day care services(a) As part of the department's licensure and background record check process, the department, prior to issuing any license, shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by Public Law 92-544. The fingerprint-based checks shall be conducted on any applicant seeking a license for a facility which offers to the department's client population residential or day care services or any other agency covered pursuant to section 15 that is licensed or funded by the department and serves the department's client population. The fingerprint-based checks shall also be required for any household member, age 15 or older, or any person regularly on the premises, age 15 or older, of applicants for residential care service licensure, whether or not they are department-funded caregivers. Authorized department staff may receive all criminal offender record information and the results of checks of state and national criminal history databases under said Public Law 92-544. When the department obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.(b) As part of the department's licensing and background record check process, the department shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by Public Law 92-544, to determine the suitability of all current and prospective employees, who have the potential for unsupervised contact with persons with an intellectual or developmental disability in any department-licensed or funded program. For the purpose of this section, employees shall include any apprentice, intern, transportation provider, volunteer or sub-contractor who may have direct and unmonitored contact with a person with an intellectual or developmental disability. The fingerprint-based checks shall also be required to determine the suitability of any individual who provides transportation services on behalf of any department-licensed or funded program. Authorized department staff may receive all criminal offender record information and the results of checks of state and national criminal history databases under said Public Law 92-544. When the department obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.(c) As part of the department's approval process, the department, prior to issuing any approval, shall conduct fingerprint-based checks of the state and national criminal history databases, authorized by Public Law 92-544, that are required under this subsection. The fingerprint-based checks of the state and national criminal history databases shall be conducted, under said Public Law 92-544, to determine the suitability of all applicants for employment, interns and volunteers who have the potential for unsupervised contact with persons with an intellectual or developmental disability in any department-approved program. The fingerprint-based checks shall also be required to determine the suitability of any individual who provides transportation services on behalf of any department-approved program. Authorized department staff may receive all criminal offender record information and the results of checks of state and national criminal history information databases under said Public Law 92-544. When the department obtains the results of checks of state and national criminal information databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.Mass. Gen. Laws ch. 19B, § 19
Amended by Acts 2014, c. 359,§ 61, eff. 10/31/2014.Added by Acts 2014, c. 234,§ 1, eff. 11/3/2014.