CHAPTER 195

FORMERLY

SENATE BILL NO. 64

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LONG TERM CARE SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §1141(b)(1), Chapter 11, Title 16 of the Delaware Code by adding a new paragraph d. to read as follows:

“d. A current employee of a nursing home or temporary agency who the Department has a reasonable suspicion has been convicted of a disqualifying crime since becoming employed.”

Section 2. Amend §1141(c), Chapter 11, Title 16 of the Delaware Code by adding the words “or employ” after “may hire”.

Section 3. Amend §1141(f), Chapter 11, Title 16 of the Delaware Code by adding in the first paragraph the words “or employ” after “may hire.”

Section 4. Amend §1141(f), Chapter 11, Title 16 of the Delaware Code by adding in the second paragraph of said subsection the words “or any current employee” after the words “conditionally-hired employee.”

Section 5. Amend §1141(g), Chapter 11, Title 16 of the Delaware Code by adding in the first sentence of said subsection the words “or employs” after “who hires.”

Section 6. Amend §1141(g), Chapter 11, Title 16 of the Delaware Code by adding in the second sentence of said subsection the words “or employs” after “conditionally hires.”

Section 7. Amend §1145(b)(1), Chapter 11, Title 16 of the Delaware Code by adding a new paragraph e. to read as follows:

“e. A current employee of a home health agency, management company or other business entity that contracts to provide services on behalf of a home health agency for the purposes of providing to individuals in their home or private residence (excluding residents of hospitals and nursing homes) licensed nursing services, home health aide services, physical therapy, speech pathology, occupational therapy or social services; or any individual, currently employed in a private residence for the purpose of providing for the health, safety and well-being of an individual in that residence who is unable as a result of physical or mental capacity to provide these things for himself or herself in an adequate manner, who the Department has a reasonable suspicion has been convicted of a disqualifying crime since becoming employed.”

Section 8. Amend §1145(c), Chapter 11, Title 16 of the Delaware Code by adding the words “or employ” after “to hire.”

Section 9. Amend §1145(e), Chapter 11, Title 16 of the Delaware Code by adding the words “or employ” after “to hire.”

Section 10. Amend §1145(e), Chapter 11, Title 16 of the Delaware Code by deleting the second sentence of said subsection.

Section 11. Amend §1145(g), Chapter 11, Title 16 of the Delaware Code by adding in the first paragraph of said subsection the words “or employ” after “may hire.”

Section 12. Amend §1145(g), Chapter 11, Title 16 of the Delaware Code by adding in the second paragraph of said subsection the words “or any current employee” after the words “conditionally-hired employee.”

Section 13. Amend §1145(h), Chapter 11, Title 16 of the Delaware Code by adding the words “or employs” after “conditionally hires” in the second sentence.

Approved January 21, 2004