Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-970.Operation of adult care home precluded,when; access of secretaryof health and environment to certain records; background check of employees,civil liability, fee for information request; provision of criminal historyrecord information by secretary; licensed or registeredprofessional service providers, volunteers and certain employees exempt;certain persons in custody of secretary of corrections exempt; report ofconvictions and adjudications by the Kansas bureau of investigation.(a) (1) No person shall knowingly operate an adult care home if, in the adultcare home, there works any person who has beenconvicted of or has been adjudicated a juvenile offenderbecause of having committed an act which if done by an adult would constitutethe commission of capital murder, pursuant to K.S.A. 21-3439 and amendmentsthereto,first degree murder, pursuant to K.S.A. 21-3401 and amendments thereto, seconddegree murder, pursuant to subsection (a) of K.S.A. 21-3402 and amendmentsthereto, voluntary manslaughter, pursuant to K.S.A. 21-3403 and amendmentsthereto, assisting suicide pursuant to K.S.A. 21-3406 and amendmentsthereto, mistreatment of a dependent adult, pursuant to K.S.A. 21-3437 andamendments thereto, rape, pursuant to K.S.A. 21-3502 and amendments thereto,indecent liberties with a child, pursuant to K.S.A. 21-3503 and amendmentsthereto, aggravated indecent liberties with a child, pursuant to K.S.A. 21-3504and amendments thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506and amendments thereto, indecent solicitation of a child,pursuant to K.S.A. 21-3510 and amendments thereto, aggravated indecentsolicitation of a child, pursuant to K.S.A. 21-3511 and amendments thereto,sexual exploitation of a child, pursuant to K.S.A. 21-3516 and amendmentsthereto, sexual battery, pursuant to K.S.A. 21-3517 and amendments thereto, oraggravated sexual battery, pursuant to K.S.A. 21-3518 and amendments thereto,an attempt tocommit any of the crimes listed in this subsection (a)(1),pursuant to K.S.A. 21-3301, and amendments thereto, a conspiracy to commit anyof the crimes listed in this subsection (a)(1), pursuant to K.S.A. 21-3302, andamendments thereto, or criminal solicitation of any of the crimes listed inthis subsection (a)(1), pursuant to K.S.A. 21-3303, and amendments thereto,or similar statutes of other states or the federal government.
(2) A person operating an adult care home mayemploy an applicant who has been convicted of any of thefollowing if five or more years have elapsed since the applicant satisfied thesentence imposed or was discharged from probation, a community correctionalservices program, parole, postrelease supervision, conditional release or asuspended sentence; or if five or more years have elapsed since the applicanthas been finally discharged from the custody of the commissioner of juvenilejustice or from probation or has been adjudicated a juvenile offender,whichever time is longer: A felony conviction for a crime which is describedin: (A) Article 34 of chapter 21 of theKansas Statutes Annotated and amendments thereto, except those crimes listed insubsection (a)(1); (B) articles 35 or 36 ofchapter 21 of the Kansas Statutes Annotated and amendments thereto, exceptthose crimes listed in subsection (a)(1) and K.S.A. 21-3605 and amendmentsthereto; (C) an attempt to commit any of thecrimes listed in this subsection (a)(2) pursuant to K.S.A. 21-3301, andamendments thereto; (D) a conspiracy to commit any of the crimes listed insubsection (a)(2) pursuant to K.S.A. 21-3302, and amendments thereto; (E)criminal solicitation of any of the crimes listed in subsection (a)(2) pursuantto K.S.A. 21-3303, and amendments thereto; or (F) similar statutes of otherstates or the federal government.
(b) No person shall operate an adult care homeif such person has been found to bein need of a guardian or conservator, or both as provided inK.S.A. 59-3050 through 59-3095, and amendments thereto. The provisions of thissubsection shall not apply to a minor found to be in need of a guardian orconservator for reasons other than impairment.
(c) The secretary of health and environment shall have access to any criminalhistory record information in the possession of the Kansas bureau ofinvestigation regarding felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and 21-3701, and amendmentsthereto, concerning persons working in an adult care home. The secretary shallhave access to these records for the purpose of determining whether or notthe adult care home meets the requirements of this section.The Kansas bureau of investigation may charge to the department of health andenvironment a reasonable fee for providing criminal history record informationunder this subsection.
(d) For the purpose of complying with this section, the operator of anadult care home shall request from the department of health and environmentinformation regarding only felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and21-3701, and amendmentsthereto, and whichrelates toa person who works inthe adult care home, or is being considered foremployment by the adult care home, for the purpose ofdetermining whether such person is subject to the provision of this section.For the purpose of complying with this section, the operator of an adult carehome shall receive from any employment agency which provides employeesto work in the adult care home written certification thatsuch employees are not prohibited from working in the adult care home underthis section. For the purpose of complying with this section, informationrelating toconvictions and adjudications by the federal government or to convictions andadjudications in states other thanKansas shall not be required until such time as the secretary of health andenvironment determines the search for such information could reasonably beperformed and the information obtained within a two-week period.For the purpose of complying with this section, a person who operates an adultcare home may hire an applicant for employment on a conditional basis pendingthe results from the department of health and environment of a request forinformation under this subsection.No adult care home,the operator or employees of an adult care homeor an employment agency, or the operator or employees of an employmentagency,shall be liable for civil damagesresulting from any decision to employ, to refuse to employ or to dischargefrom employment any person based onsuch adult care home's compliance with the provisions of this section if suchadult care home or employmentagency acts in goodfaith to comply with this section.
(e) The secretary of health and environment shall charge each personrequesting information under this section a fee equal to cost, not to exceed$10, for each name about whichan information request has been submitted to the department under this section.
(f) (1) The secretary of health and environment shall provide eachoperator requesting information under this section with the criminal historyrecord information concerning felony convictions and convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, in writing and within threeworking days of receipt of such information from the Kansas bureau ofinvestigation. The criminal history record information shall be providedregardless of whether the information discloses that the subject of the requesthas been convicted of an offense enumerated in subsection (a).
(2) When an offense enumerated in subsection (a) exists in thecriminal history record information, and when further confirmation regardingcriminal history record information is required from the appropriate court ofjurisdiction or Kansas department of corrections,the secretaryshall notify each operator that requests information under this section inwriting and within three working days of receipt from the Kansas bureau ofinvestigation that further confirmation is required.The secretary shall provideto the operator requesting information under this section information inwriting and within three working days of receipt of such information from theappropriate court of jurisdiction or Kansas department of corrections regardingconfirmation regarding the criminal history record information.
(3) Wheneverthe criminal history record information reveals that the subject of therequest has no criminal history on record,the secretary shall provide notice to each operator requestinginformation under this section, in writing and within three working days afterreceipt of such information from the Kansas bureau of investigation.
(4) The secretary of health and environment shall not provide each operatorrequesting information under this section with the juvenile criminal historyrecord information which relates to a person subject to a background check asis provided byK.S.A. 2009 Supp.38-2326, and amendments thereto,except foradjudications of a juvenile offender for an offense described in K.S.A.21-3701, and amendments thereto. The secretary shallnotify the operator that requested the information, in writing and within threeworking days of receipt of such information from the Kansas bureau ofinvestigation, whether juvenile criminal history record information receivedpursuant to this section reveals that the operator would or would not beprohibited by thissection from employing the subject of the request for information andwhether such information contains adjudications of a juvenile offender for anoffense described in K.S.A. 21-3701, and amendments thereto.
(5) An operator who receives criminal history record information under thissubsection (f) shall keepsuch information confidential, except that the operator may disclose suchinformation to the person who is the subject of the request for information. Aviolation of this paragraph (5) shall be anunclassified misdemeanor punishable by a fine of $100.
(g) No person who works for an adult care home and who iscurrentlylicensed or registered by an agency of this state to provide professionalservices in the state and who provides such services as part of the work whichsuch person performs for the adult care home shall be subject to the provisionsof this section.
(h) A person who volunteers in an adult care homeshall not be subject to the provisions of this section becauseof such volunteer activity.
(i) No person who has been employed by the same adult carehomefor fiveconsecutive years immediately prior to the effective date of this act shall besubject to the provisions of this section while employed by such adult carehome.
(j) The operator of an adult care home shall not berequiredunder thissection to conduct a background check on an applicant for employment with theadult care home if the applicant has been the subject of a background checkunder this act within one year prior to the application for employment with theadult care home. The operator of an adult care home where the applicant wasthe subject of such background check may release a copy of such backgroundcheck to the operator of an adultcare home where the applicant is currently applying.
(k) No person who is in the custody of the secretary ofcorrections and whoprovides services, under direct supervision in nonpatient areas, on the groundsor other areas designated by the superintendent of the Kansas soldiers' home orthe Kansas veterans' home shall be subject to the provisions of this sectionwhile providing such services.
(l) For purposes of this section, the Kansas bureau ofinvestigation shall only report felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and21-3701, and amendmentsthereto, to the secretary of health and environment when a background check isrequested.
(m) This section shall be part of and supplemental to the adultcare homelicensure act.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-970.Operation of adult care home precluded,when; access of secretaryof health and environment to certain records; background check of employees,civil liability, fee for information request; provision of criminal historyrecord information by secretary; licensed or registeredprofessional service providers, volunteers and certain employees exempt;certain persons in custody of secretary of corrections exempt; report ofconvictions and adjudications by the Kansas bureau of investigation.(a) (1) No person shall knowingly operate an adult care home if, in the adultcare home, there works any person who has beenconvicted of or has been adjudicated a juvenile offenderbecause of having committed an act which if done by an adult would constitutethe commission of capital murder, pursuant to K.S.A. 21-3439 and amendmentsthereto,first degree murder, pursuant to K.S.A. 21-3401 and amendments thereto, seconddegree murder, pursuant to subsection (a) of K.S.A. 21-3402 and amendmentsthereto, voluntary manslaughter, pursuant to K.S.A. 21-3403 and amendmentsthereto, assisting suicide pursuant to K.S.A. 21-3406 and amendmentsthereto, mistreatment of a dependent adult, pursuant to K.S.A. 21-3437 andamendments thereto, rape, pursuant to K.S.A. 21-3502 and amendments thereto,indecent liberties with a child, pursuant to K.S.A. 21-3503 and amendmentsthereto, aggravated indecent liberties with a child, pursuant to K.S.A. 21-3504and amendments thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506and amendments thereto, indecent solicitation of a child,pursuant to K.S.A. 21-3510 and amendments thereto, aggravated indecentsolicitation of a child, pursuant to K.S.A. 21-3511 and amendments thereto,sexual exploitation of a child, pursuant to K.S.A. 21-3516 and amendmentsthereto, sexual battery, pursuant to K.S.A. 21-3517 and amendments thereto, oraggravated sexual battery, pursuant to K.S.A. 21-3518 and amendments thereto,an attempt tocommit any of the crimes listed in this subsection (a)(1),pursuant to K.S.A. 21-3301, and amendments thereto, a conspiracy to commit anyof the crimes listed in this subsection (a)(1), pursuant to K.S.A. 21-3302, andamendments thereto, or criminal solicitation of any of the crimes listed inthis subsection (a)(1), pursuant to K.S.A. 21-3303, and amendments thereto,or similar statutes of other states or the federal government.
(2) A person operating an adult care home mayemploy an applicant who has been convicted of any of thefollowing if five or more years have elapsed since the applicant satisfied thesentence imposed or was discharged from probation, a community correctionalservices program, parole, postrelease supervision, conditional release or asuspended sentence; or if five or more years have elapsed since the applicanthas been finally discharged from the custody of the commissioner of juvenilejustice or from probation or has been adjudicated a juvenile offender,whichever time is longer: A felony conviction for a crime which is describedin: (A) Article 34 of chapter 21 of theKansas Statutes Annotated and amendments thereto, except those crimes listed insubsection (a)(1); (B) articles 35 or 36 ofchapter 21 of the Kansas Statutes Annotated and amendments thereto, exceptthose crimes listed in subsection (a)(1) and K.S.A. 21-3605 and amendmentsthereto; (C) an attempt to commit any of thecrimes listed in this subsection (a)(2) pursuant to K.S.A. 21-3301, andamendments thereto; (D) a conspiracy to commit any of the crimes listed insubsection (a)(2) pursuant to K.S.A. 21-3302, and amendments thereto; (E)criminal solicitation of any of the crimes listed in subsection (a)(2) pursuantto K.S.A. 21-3303, and amendments thereto; or (F) similar statutes of otherstates or the federal government.
(b) No person shall operate an adult care homeif such person has been found to bein need of a guardian or conservator, or both as provided inK.S.A. 59-3050 through 59-3095, and amendments thereto. The provisions of thissubsection shall not apply to a minor found to be in need of a guardian orconservator for reasons other than impairment.
(c) The secretary of health and environment shall have access to any criminalhistory record information in the possession of the Kansas bureau ofinvestigation regarding felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and 21-3701, and amendmentsthereto, concerning persons working in an adult care home. The secretary shallhave access to these records for the purpose of determining whether or notthe adult care home meets the requirements of this section.The Kansas bureau of investigation may charge to the department of health andenvironment a reasonable fee for providing criminal history record informationunder this subsection.
(d) For the purpose of complying with this section, the operator of anadult care home shall request from the department of health and environmentinformation regarding only felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and21-3701, and amendmentsthereto, and whichrelates toa person who works inthe adult care home, or is being considered foremployment by the adult care home, for the purpose ofdetermining whether such person is subject to the provision of this section.For the purpose of complying with this section, the operator of an adult carehome shall receive from any employment agency which provides employeesto work in the adult care home written certification thatsuch employees are not prohibited from working in the adult care home underthis section. For the purpose of complying with this section, informationrelating toconvictions and adjudications by the federal government or to convictions andadjudications in states other thanKansas shall not be required until such time as the secretary of health andenvironment determines the search for such information could reasonably beperformed and the information obtained within a two-week period.For the purpose of complying with this section, a person who operates an adultcare home may hire an applicant for employment on a conditional basis pendingthe results from the department of health and environment of a request forinformation under this subsection.No adult care home,the operator or employees of an adult care homeor an employment agency, or the operator or employees of an employmentagency,shall be liable for civil damagesresulting from any decision to employ, to refuse to employ or to dischargefrom employment any person based onsuch adult care home's compliance with the provisions of this section if suchadult care home or employmentagency acts in goodfaith to comply with this section.
(e) The secretary of health and environment shall charge each personrequesting information under this section a fee equal to cost, not to exceed$10, for each name about whichan information request has been submitted to the department under this section.
(f) (1) The secretary of health and environment shall provide eachoperator requesting information under this section with the criminal historyrecord information concerning felony convictions and convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, in writing and within threeworking days of receipt of such information from the Kansas bureau ofinvestigation. The criminal history record information shall be providedregardless of whether the information discloses that the subject of the requesthas been convicted of an offense enumerated in subsection (a).
(2) When an offense enumerated in subsection (a) exists in thecriminal history record information, and when further confirmation regardingcriminal history record information is required from the appropriate court ofjurisdiction or Kansas department of corrections,the secretaryshall notify each operator that requests information under this section inwriting and within three working days of receipt from the Kansas bureau ofinvestigation that further confirmation is required.The secretary shall provideto the operator requesting information under this section information inwriting and within three working days of receipt of such information from theappropriate court of jurisdiction or Kansas department of corrections regardingconfirmation regarding the criminal history record information.
(3) Wheneverthe criminal history record information reveals that the subject of therequest has no criminal history on record,the secretary shall provide notice to each operator requestinginformation under this section, in writing and within three working days afterreceipt of such information from the Kansas bureau of investigation.
(4) The secretary of health and environment shall not provide each operatorrequesting information under this section with the juvenile criminal historyrecord information which relates to a person subject to a background check asis provided byK.S.A. 2009 Supp.38-2326, and amendments thereto,except foradjudications of a juvenile offender for an offense described in K.S.A.21-3701, and amendments thereto. The secretary shallnotify the operator that requested the information, in writing and within threeworking days of receipt of such information from the Kansas bureau ofinvestigation, whether juvenile criminal history record information receivedpursuant to this section reveals that the operator would or would not beprohibited by thissection from employing the subject of the request for information andwhether such information contains adjudications of a juvenile offender for anoffense described in K.S.A. 21-3701, and amendments thereto.
(5) An operator who receives criminal history record information under thissubsection (f) shall keepsuch information confidential, except that the operator may disclose suchinformation to the person who is the subject of the request for information. Aviolation of this paragraph (5) shall be anunclassified misdemeanor punishable by a fine of $100.
(g) No person who works for an adult care home and who iscurrentlylicensed or registered by an agency of this state to provide professionalservices in the state and who provides such services as part of the work whichsuch person performs for the adult care home shall be subject to the provisionsof this section.
(h) A person who volunteers in an adult care homeshall not be subject to the provisions of this section becauseof such volunteer activity.
(i) No person who has been employed by the same adult carehomefor fiveconsecutive years immediately prior to the effective date of this act shall besubject to the provisions of this section while employed by such adult carehome.
(j) The operator of an adult care home shall not berequiredunder thissection to conduct a background check on an applicant for employment with theadult care home if the applicant has been the subject of a background checkunder this act within one year prior to the application for employment with theadult care home. The operator of an adult care home where the applicant wasthe subject of such background check may release a copy of such backgroundcheck to the operator of an adultcare home where the applicant is currently applying.
(k) No person who is in the custody of the secretary ofcorrections and whoprovides services, under direct supervision in nonpatient areas, on the groundsor other areas designated by the superintendent of the Kansas soldiers' home orthe Kansas veterans' home shall be subject to the provisions of this sectionwhile providing such services.
(l) For purposes of this section, the Kansas bureau ofinvestigation shall only report felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and21-3701, and amendmentsthereto, to the secretary of health and environment when a background check isrequested.
(m) This section shall be part of and supplemental to the adultcare homelicensure act.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-970.Operation of adult care home precluded,when; access of secretaryof health and environment to certain records; background check of employees,civil liability, fee for information request; provision of criminal historyrecord information by secretary; licensed or registeredprofessional service providers, volunteers and certain employees exempt;certain persons in custody of secretary of corrections exempt; report ofconvictions and adjudications by the Kansas bureau of investigation.(a) (1) No person shall knowingly operate an adult care home if, in the adultcare home, there works any person who has beenconvicted of or has been adjudicated a juvenile offenderbecause of having committed an act which if done by an adult would constitutethe commission of capital murder, pursuant to K.S.A. 21-3439 and amendmentsthereto,first degree murder, pursuant to K.S.A. 21-3401 and amendments thereto, seconddegree murder, pursuant to subsection (a) of K.S.A. 21-3402 and amendmentsthereto, voluntary manslaughter, pursuant to K.S.A. 21-3403 and amendmentsthereto, assisting suicide pursuant to K.S.A. 21-3406 and amendmentsthereto, mistreatment of a dependent adult, pursuant to K.S.A. 21-3437 andamendments thereto, rape, pursuant to K.S.A. 21-3502 and amendments thereto,indecent liberties with a child, pursuant to K.S.A. 21-3503 and amendmentsthereto, aggravated indecent liberties with a child, pursuant to K.S.A. 21-3504and amendments thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506and amendments thereto, indecent solicitation of a child,pursuant to K.S.A. 21-3510 and amendments thereto, aggravated indecentsolicitation of a child, pursuant to K.S.A. 21-3511 and amendments thereto,sexual exploitation of a child, pursuant to K.S.A. 21-3516 and amendmentsthereto, sexual battery, pursuant to K.S.A. 21-3517 and amendments thereto, oraggravated sexual battery, pursuant to K.S.A. 21-3518 and amendments thereto,an attempt tocommit any of the crimes listed in this subsection (a)(1),pursuant to K.S.A. 21-3301, and amendments thereto, a conspiracy to commit anyof the crimes listed in this subsection (a)(1), pursuant to K.S.A. 21-3302, andamendments thereto, or criminal solicitation of any of the crimes listed inthis subsection (a)(1), pursuant to K.S.A. 21-3303, and amendments thereto,or similar statutes of other states or the federal government.
(2) A person operating an adult care home mayemploy an applicant who has been convicted of any of thefollowing if five or more years have elapsed since the applicant satisfied thesentence imposed or was discharged from probation, a community correctionalservices program, parole, postrelease supervision, conditional release or asuspended sentence; or if five or more years have elapsed since the applicanthas been finally discharged from the custody of the commissioner of juvenilejustice or from probation or has been adjudicated a juvenile offender,whichever time is longer: A felony conviction for a crime which is describedin: (A) Article 34 of chapter 21 of theKansas Statutes Annotated and amendments thereto, except those crimes listed insubsection (a)(1); (B) articles 35 or 36 ofchapter 21 of the Kansas Statutes Annotated and amendments thereto, exceptthose crimes listed in subsection (a)(1) and K.S.A. 21-3605 and amendmentsthereto; (C) an attempt to commit any of thecrimes listed in this subsection (a)(2) pursuant to K.S.A. 21-3301, andamendments thereto; (D) a conspiracy to commit any of the crimes listed insubsection (a)(2) pursuant to K.S.A. 21-3302, and amendments thereto; (E)criminal solicitation of any of the crimes listed in subsection (a)(2) pursuantto K.S.A. 21-3303, and amendments thereto; or (F) similar statutes of otherstates or the federal government.
(b) No person shall operate an adult care homeif such person has been found to bein need of a guardian or conservator, or both as provided inK.S.A. 59-3050 through 59-3095, and amendments thereto. The provisions of thissubsection shall not apply to a minor found to be in need of a guardian orconservator for reasons other than impairment.
(c) The secretary of health and environment shall have access to any criminalhistory record information in the possession of the Kansas bureau ofinvestigation regarding felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and 21-3701, and amendmentsthereto, concerning persons working in an adult care home. The secretary shallhave access to these records for the purpose of determining whether or notthe adult care home meets the requirements of this section.The Kansas bureau of investigation may charge to the department of health andenvironment a reasonable fee for providing criminal history record informationunder this subsection.
(d) For the purpose of complying with this section, the operator of anadult care home shall request from the department of health and environmentinformation regarding only felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and21-3701, and amendmentsthereto, and whichrelates toa person who works inthe adult care home, or is being considered foremployment by the adult care home, for the purpose ofdetermining whether such person is subject to the provision of this section.For the purpose of complying with this section, the operator of an adult carehome shall receive from any employment agency which provides employeesto work in the adult care home written certification thatsuch employees are not prohibited from working in the adult care home underthis section. For the purpose of complying with this section, informationrelating toconvictions and adjudications by the federal government or to convictions andadjudications in states other thanKansas shall not be required until such time as the secretary of health andenvironment determines the search for such information could reasonably beperformed and the information obtained within a two-week period.For the purpose of complying with this section, a person who operates an adultcare home may hire an applicant for employment on a conditional basis pendingthe results from the department of health and environment of a request forinformation under this subsection.No adult care home,the operator or employees of an adult care homeor an employment agency, or the operator or employees of an employmentagency,shall be liable for civil damagesresulting from any decision to employ, to refuse to employ or to dischargefrom employment any person based onsuch adult care home's compliance with the provisions of this section if suchadult care home or employmentagency acts in goodfaith to comply with this section.
(e) The secretary of health and environment shall charge each personrequesting information under this section a fee equal to cost, not to exceed$10, for each name about whichan information request has been submitted to the department under this section.
(f) (1) The secretary of health and environment shall provide eachoperator requesting information under this section with the criminal historyrecord information concerning felony convictions and convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, in writing and within threeworking days of receipt of such information from the Kansas bureau ofinvestigation. The criminal history record information shall be providedregardless of whether the information discloses that the subject of the requesthas been convicted of an offense enumerated in subsection (a).
(2) When an offense enumerated in subsection (a) exists in thecriminal history record information, and when further confirmation regardingcriminal history record information is required from the appropriate court ofjurisdiction or Kansas department of corrections,the secretaryshall notify each operator that requests information under this section inwriting and within three working days of receipt from the Kansas bureau ofinvestigation that further confirmation is required.The secretary shall provideto the operator requesting information under this section information inwriting and within three working days of receipt of such information from theappropriate court of jurisdiction or Kansas department of corrections regardingconfirmation regarding the criminal history record information.
(3) Wheneverthe criminal history record information reveals that the subject of therequest has no criminal history on record,the secretary shall provide notice to each operator requestinginformation under this section, in writing and within three working days afterreceipt of such information from the Kansas bureau of investigation.
(4) The secretary of health and environment shall not provide each operatorrequesting information under this section with the juvenile criminal historyrecord information which relates to a person subject to a background check asis provided byK.S.A. 2009 Supp.38-2326, and amendments thereto,except foradjudications of a juvenile offender for an offense described in K.S.A.21-3701, and amendments thereto. The secretary shallnotify the operator that requested the information, in writing and within threeworking days of receipt of such information from the Kansas bureau ofinvestigation, whether juvenile criminal history record information receivedpursuant to this section reveals that the operator would or would not beprohibited by thissection from employing the subject of the request for information andwhether such information contains adjudications of a juvenile offender for anoffense described in K.S.A. 21-3701, and amendments thereto.
(5) An operator who receives criminal history record information under thissubsection (f) shall keepsuch information confidential, except that the operator may disclose suchinformation to the person who is the subject of the request for information. Aviolation of this paragraph (5) shall be anunclassified misdemeanor punishable by a fine of $100.
(g) No person who works for an adult care home and who iscurrentlylicensed or registered by an agency of this state to provide professionalservices in the state and who provides such services as part of the work whichsuch person performs for the adult care home shall be subject to the provisionsof this section.
(h) A person who volunteers in an adult care homeshall not be subject to the provisions of this section becauseof such volunteer activity.
(i) No person who has been employed by the same adult carehomefor fiveconsecutive years immediately prior to the effective date of this act shall besubject to the provisions of this section while employed by such adult carehome.
(j) The operator of an adult care home shall not berequiredunder thissection to conduct a background check on an applicant for employment with theadult care home if the applicant has been the subject of a background checkunder this act within one year prior to the application for employment with theadult care home. The operator of an adult care home where the applicant wasthe subject of such background check may release a copy of such backgroundcheck to the operator of an adultcare home where the applicant is currently applying.
(k) No person who is in the custody of the secretary ofcorrections and whoprovides services, under direct supervision in nonpatient areas, on the groundsor other areas designated by the superintendent of the Kansas soldiers' home orthe Kansas veterans' home shall be subject to the provisions of this sectionwhile providing such services.
(l) For purposes of this section, the Kansas bureau ofinvestigation shall only report felony convictions, convictions under K.S.A.21-3437, 21-3517 and 21-3701, and amendmentsthereto, adjudications of a juvenile offender which if committed by an adultwould have been a felony conviction, and adjudications of a juvenile offenderfor an offense described in K.S.A. 21-3437, 21-3517 and21-3701, and amendmentsthereto, to the secretary of health and environment when a background check isrequested.
(m) This section shall be part of and supplemental to the adultcare homelicensure act.
