TITLE 23
Health and Safety
CHAPTER 23-17.4
Assisted Living Residence Licensing Act
SECTION 23-17.4-30
§ 23-17.4-30 Disqualifying information.
(a) Information produced by a national criminal records check pertaining to
conviction for the following crimes will result in a letter to the employee and
employer disqualifying the applicant from employment: murder, voluntary
manslaughter, involuntary manslaughter, first-degree sexual assault,
second-degree sexual assault, third-degree sexual assault, assault on persons
sixty (60) years of age or older, assault with intent to commit specified
felonies (murder, robbery, rape, burglary, or the abominable and detestable
crime against nature) felony assault, patient abuse, neglect or mistreatment of
patients, burglary, first-degree arson, robbery, felony drug offenses, felony
obtaining money under false pretenses, felony embezzlement, abuse, neglect
and/or exploitation of adults with severe impairments, exploitation of elders,
felony larceny or felony banking law violations. An employee against whom
disqualifying information has been found may provide a copy of the national
criminal records check to the employer who shall make a judgment regarding the
continued employment of the employee.
(b) For purposes of this section, "conviction" means, in
addition to judgments of conviction entered by a court subsequent to a finding
of guilty or a plea of guilty, those instances where the defendant has entered
a plea of nolo contendere and has received a sentence of probation and those
instances where a defendant has entered into a deferred sentence agreement with
the attorney general.
History of Section.
(P.L. 1991, ch. 368, § 1; P.L. 1993, ch. 306, § 4; P.L. 2014, ch.
347, § 5; P.L. 2014, ch. 399, § 5.)
