[§323F-5.5]  Criminal history record checks. (a)  The corporation may request a criminal history record check of persons whoare employed or seeking employment, or are current or prospective contractors,providers, or volunteers in any of the corporation's health facilities, inaccordance with section 846–2.7.

(b)  For the purpose of this section, thecriminal history record check shall be performed by the Hawaii criminal justicedata center.  The Hawaii criminal justice data center may assess providers andcontractors a reasonable fee for criminal history record checks performed. Providers and contractors shall be responsible for payment to the Hawaiicriminal justice data center of the fee for the criminal history record checks.

(c)  Any person who is a current or prospectivemember of the corporation board or regional system board; employed or who seeksemployment with the corporation; or is a current or prospective contractor,provider, or volunteer in any of the corporation's health facilities may berequired to provide to the corporation:

(1)  Personal identifying information including name,social security number, and date of birth;

(2)  Written consent for the corporation to obtaincriminal history record check information for verification; and

(3)  Written consent to be fingerprinted for thepurpose of a criminal history record check.

Information obtained pursuant to subsection (a)and this subsection shall be used by the corporation exclusively for thepurposes of this section.

(d)  Any inquiry into or consideration of thecriminal history record of an employee or prospective employee of thecorporation shall be limited to that which is allowed under section 378-2.5 orrequired under federal law.

(e)  A current or prospective contractor, provider,or volunteer or a current or prospective member of the corporation board orregional system board who has been convicted of a criminal offense for whichincarceration is a sentencing option, may be terminated, released, or notused.  This action shall be based on the corporation's analysis of whether thenature and circumstances of the crime may pose a risk to the health, safety, orwell-being of patients, residents, and organizations in its health facilities.

(f)  For the purposes of this section:

"Contractor" means any individual whoenters into a contract or agreement to provide services to the patients orresidents in any of the corporation's health facilities.

"Criminal history record check" meansan examination of an individual's criminal history records by means includingfingerprint analysis and name inquiry into state and national criminal historyrecord files.

"Provider" means any individual whocurrently provides or intends to enter into a contract or agreement to provideservices to the patients or residents in any of the corporation's healthfacilities, or is a student in any program at any of the corporation's healthfacilities. [L 2009, c 182, §6]