(1)(a) The secretary of social and health services and
the secretary of health shall adopt additional requirements for
the licensure or relicensure of agencies, facilities, and
licensed individuals who provide care and treatment to vulnerable
adults, including nursing pools registered under chapter 18.52C RCW. These additional requirements shall ensure that any person
associated with a licensed agency or facility having unsupervised
access with a vulnerable adult shall not be the respondent in an
active protective order under RCW 74.34.130, nor have been: (i)
Convicted of a crime against persons as defined in RCW 43.43.830,
except as provided in this section; (ii) convicted of crimes
relating to financial exploitation as defined in RCW 43.43.830,
except as provided in this section; or (iii) found in any
disciplinary board final decision to have abused a vulnerable
adult under RCW 43.43.830.
(b) A person associated with a licensed agency or facility
who has unsupervised access with a vulnerable adult shall make
the disclosures specified in RCW 43.43.834(2). The person shall
make the disclosures in writing, sign, and swear to the contents
under penalty of perjury. The person shall, in the disclosures,
specify all crimes against children or other persons, all crimes
relating to financial exploitation, and all crimes relating to
drugs as defined in RCW 43.43.830, committed by the person.
(2) The rules adopted under this section shall permit the
licensee to consider the criminal history of an applicant for
employment in a licensed facility when the applicant has one or
more convictions for a past offense and:
(a) The offense was simple assault, assault in the fourth
degree, or the same offense as it may be renamed, and three or
more years have passed between the most recent conviction and the
date of application for employment;
(b) The offense was prostitution, or the same offense as it
may be renamed, and three or more years have passed between the
most recent conviction and the date of application for
employment;
(c) The offense was theft in the third degree, or the same
offense as it may be renamed, and three or more years have passed
between the most recent conviction and the date of application
for employment;
(d) The offense was theft in the second degree, or the same
offense as it may be renamed, and five or more years have passed
between the most recent conviction and the date of application
for employment;
(e) The offense was forgery, or the same offense as it may
be renamed, and five or more years have passed between the most
recent conviction and the date of application for employment.
The offenses set forth in (a) through (e) of this subsection
do not automatically disqualify an applicant from employment by a
licensee. Nothing in this section may be construed to require
the employment of any person against a licensee's judgment.
(3) In consultation with law enforcement personnel, the
secretary of social and health services and the secretary of
health shall investigate, or cause to be investigated, the
conviction record and the protection proceeding record
information under this chapter of the staff of each agency or
facility under their respective jurisdictions seeking licensure
or relicensure. An individual responding to a criminal
background inquiry request from his or her employer or potential
employer shall disclose the information about his or her criminal
history under penalty of perjury. The secretaries shall use the
information solely for the purpose of determining eligibility for
licensure or relicensure. Criminal justice agencies shall
provide the secretaries such information as they may have and
that the secretaries may require for such purpose.
[2007 c 387 § 4; 1998 c 10 § 4; 1997 c 392 § 518; 1992 c 104 § 1; 1989 c 334 § 11.]
NOTES:
Short title--Findings--Construction--Conflict with federal requirements--Part headings and captions not law -- 1997 c 392: See notes following RCW 74.39A.009.