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DE SB216

Bill

Status

Passed

7/5/2012

Primary Sponsor

Edward Bennett

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Origin

Senate

146th General Assembly

AI Summary

SB 216 Summary

  • Establishes an electronic Background Check Center (BCC) administered by the Department of Health and Social Services to consolidate criminal background check data for employees in nursing facilities, assisted living facilities, and home care agencies.

  • Makes BCC utilization mandatory for all employers required to conduct criminal background checks under existing law, with fees set by DHSS to make the system self-supporting after initial implementation.

  • Requires applicants to provide accurate information, execute full releases for background checks, and allows conditional employment for up to 60 days pending receipt of criminal history reports from the State Bureau of Identification and federal criminal history review.

  • Establishes civil penalties of $1,000-$5,000 for employers who fail to secure criminal histories or drug screening results before employment, and provides due process appeals for applicants challenging BCC errors or employment sanctions.

  • Requires mandatory drug screening for all applicants and current employees in covered facilities and home care agencies, testing for marijuana, cocaine, opiates, PCP, amphetamines, and other drugs specified by regulation.

Legislative Description

An Act To Amend Title 29 And Title 16 Of The Delaware Cody By Establishing An Electronic Web-based Background Check Center For Employment In Long Term Care Or Community Settings.

Last Action

Signed by Governor

7/5/2012

Committee Referrals

Health & Human Development6/20/2012
Health & Social Services5/3/2012

Full Bill Text

No bill text available