HB 5733 Summary

• Amends section 134a of the Mental Health Code to establish criminal history check requirements for psychiatric facilities and similar facilities, prohibiting employment of individuals with certain felony and misdemeanor convictions within specified timeframes.

• Establishes disqualifying criminal convictions including relevant crimes under 42 USC 1320a-7(a) (permanent bar), serious felonies with 15-year lookback, other felonies with 10-year lookback, and various misdemeanors with 3-10 year lookbacks depending on offense type.

• Requires psychiatric facilities and staffing agencies to conduct criminal history checks, obtain fingerprints, and check relevant registries for substantiated findings of abuse, neglect, or misappropriation of property before employment or granting clinical privileges.

• Allows conditional employment pending completion of criminal history checks if applicant signs written statement confirming no disqualifying convictions and undergoes on-site supervision until background check is completed.

• Adds section 134b authorizing the department to temporarily suspend fingerprinting requirements during declared states of emergency and disaster.