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ID H0494
Bill
Status
2/9/2026
Primary Sponsor
Health and Welfare Committee
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AI Summary
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Creates new Chapter 25 in Title 56 establishing a consolidated framework for fingerprint-based background checks conducted by the Idaho Department of Health and Welfare, covering criminal records from Idaho State Police, FBI, child/adult protection registries, nurse aide registry, and HHS excluded individuals list
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Requires background checks for over 25 categories of individuals with direct access to children, elderly, or vulnerable adults, including adoptive parents, foster care providers, daycare workers, home health agencies, skilled nursing facilities, Medicaid providers, emergency medical services personnel, and court-appointed guardians
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Applicants must pay nonrefundable fees and disclose convictions, pending charges, or protection findings; the department will issue either a clearance document or denial based on disqualifying crimes/records defined by administrative rule
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Repeals existing Section 56-1004A and updates code references in multiple statutes governing temporary caregivers, guardianship proceedings, daycare facilities, and developmental disability guardianship/conservatorship appointments
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Takes effect July 1, 2026 under emergency declaration; provides liability immunity for employers and the department when making employment decisions based on background check clearance determinations
Legislative Description
Amends, repeals, and adds to existing law to establish provisions regarding background checks conducted by the Department of Health and Welfare.
HEALTH AND WELFARE
Last Action
Read first time as amended in the Senate; Filed for Second Reading
3/16/2026