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FOR IMMEDIATE RELEASE
February 8, 2005
Contact: Tracy Polovick
Coordinator of Communications and Outreach
(717) 787-8524
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Vance Introduces Legislation to Protect Nursing Home Patients

HARRISBURG – Nursing home patients would have an added layer of protection under legislation introduced recently by Sen. Patricia Vance (R-Cumberland/York).

SB 273 is in response to the state Supreme Court striking down legislation Vance spearheaded in 1997, while a member of the House, that banned people from working at a long-term care facility for life if they committed certain criminal offenses. Those who had been working at a long-term care facility for a year before enactment of the law were exempt from the background check unless, and until, they changed jobs.

"We must move quickly to enact this important legislation," Vance said. "Without this change in the law, long-term care facilities are not obligated to perform background checks. Residents of long-term care facilities are especially at risk of become a victim of a crime. By precluding some convicts from employment, the chances of a senior being victimized will be reduced."

The legislation creates two separate and distinct categories of crimes for which convictions would preclude an individual from being employed in a long-term care facility. A person would be banned for life from working in a long-term care facility if he or she committed any offense that constitutes serious physical harm, a threat of serious physical harm or conduct that shows a reckless disregard for the vulnerability of care-dependent populations.

A person would be banned for 10 years from working at a long-term care facility if he or she committed an offense related to misappropriation or misuse of property or convictions involving inappropriate or irresponsible behavior. Time spent in prison does not count toward the 10 years. Those who fall under this 10-year ban can appeal the ban if the conviction occurred at least five years prior, not including time spend incarcerated.

These criminal conviction provisions apply to all employees of a facility. An employee is defined as anyone having direct contact with care recipients or anyone who has unsupervised access to their living quarters.

"Physicians and nurses already must be free of certain criminal convictions for at least 10 years before receiving their medical licenses," Vance said. "It only makes sense that this should apply to all employees at long-term care facilities."

Finally, the bill provides an applicant or employee with the right to review, challenge and appeal the completeness or accuracy of his or her criminal history report and the conviction comparison interpretation involving a federal criminal history record.

Vance's district includes all of Cumberland County and Carroll, Fairview, Franklin, Monaghan, Warrington and Washington townships and Dillsburg, Franklintown and Wellsville boroughs in York County.