HOUSE BILL No. 4498 March 12, 1997, Introduced by Reps. Brewer, Frank, Hale, Goschka, Baird and Bogardus and referred to the Committee on Mental Health. A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding sections 137a and 137b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 137A. A FACILITY SHALL REPORT TO THE DEPARTMENT DISCI- 2 PLINARY ACTION TAKEN BY THE FACILITY AGAINST AN EMPLOYEE THAT 3 RESULTS IN A CHANGE IN THE EMPLOYEE'S EMPLOYMENT STATUS AND THAT 4 INVOLVES ABUSE, NEGLECT, PHYSICAL HARM, THEFT, OR FRADULENT 5 BEHAVIOR AGAINST A PATIENT OR RESIDENT OF THE FACILITY. A REPORT 6 RECEIVED BY THE DEPARTMENT UNDER THIS SECTION IS PUBLIC 7 INFORMATION. 8 SEC. 137B. (1) A FACILITY SHALL NOT EMPLOY AN INDIVIDUAL OR 9 UTILIZE AN INDIVIDUAL AS A VOLUNTEER IN THE FACILITY IF THE 10 INDIVIDUAL HAS BEEN CONVICTED IN THIS STATE OR IN ANOTHER STATE 11 OR IN FEDERAL COURT OF EITHER OF THE FOLLOWING: 00737'97 c CPD 2 1 (A) A FELONY OR AN ATTEMPT OR CONSPIRACY TO COMMIT A 2 FELONY. 3 (B) A MISDEMEANOR INVOLVING ABUSE, NEGLECT, ASSAULT, BAT- 4 TERY, OR FRAUD. 5 (2) A FACILITY SHALL NOT EMPLOY AN INDIVIDUAL OR UTILIZE AN 6 INDIVIDUAL AS A VOLUNTEER UNLESS THE INDIVIDUAL PROVIDES THE 7 FACILITY AS PART OF THE APPLICATION PROCESS WITH INFORMATION FROM 8 THE STATE POLICE OBTAINED PURSUANT TO SUBSECTIONS (3) AND (4). 9 (3) AN INDIVIDUAL WHO APPLIES FOR EMPLOYMENT OR TO VOLUNTEER 10 WITH A FACILITY SHALL OBTAIN INFORMATION REGARDING A CRIMINAL 11 RECORD BY FOLLOWING THE PROCEDURE PROVIDED IN THIS SUBSECTION AND 12 SUBSECTION (4). UPON THE REQUEST OF THE INDIVIDUAL, A LAW 13 ENFORCEMENT AGENCY SHALL TAKE 2 SETS OF THE INDIVIDUAL'S FINGER- 14 PRINTS ON FORMS FURNISHED BY THE DEPARTMENT OF STATE POLICE AND 15 THE FEDERAL BUREAU OF INVESTIGATION. IF THE LAW ENFORCEMENT 16 AGENCY CHARGES A FEE FOR THIS SERVICE, THE INDIVIDUAL REQUESTING 17 THE SERVICE IS RESPONSIBLE FOR THE FEE. THE INDIVIDUAL SHALL 18 SUBMIT THE FINGERPRINT FORMS TO THE DEPARTMENT OF STATE POLICE 19 WITH THE APPROPRIATE STATE AND FEDERAL FEES. 20 (4) THE DEPARTMENT OF STATE POLICE SHALL COMPARE THE 21 INDIVIDUAL'S FINGERPRINTS ON THE FIRST SET OF FINGERPRINTS WITH 22 STATE CRIMINAL HISTORY RECORDS AND SHALL SUBMIT THE OTHER SET OF 23 FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR COMPARI- 24 SON WITH FEDERAL CRIMINAL HISTORY RECORDS. THE DEPARTMENT OF 25 STATE POLICE SHALL SEND BOTH OF THE FOLLOWING TO THE FACILITY: 26 (A) THE STATE CRIMINAL HISTORY RECORD. 00737'97 c 3 1 (B) A STATEMENT STATING THAT, BASED UPON THE FEDERAL 2 CRIMINAL HISTORY RECORD COMPARISON UNDER THE CRITERIA DESCRIBED 3 IN SUBSECTION (1), THE INDIVIDUAL MAY OR MAY NOT MEET THE 4 REQUIREMENTS OF SUBSECTION (1). 5 (5) IF THE STATEMENT SENT UNDER SUBSECTION (4)(B) STATES 6 THAT THE INDIVIDUAL MAY NOT MEET THE REQUIREMENTS OF SUBSECTION 7 (1), THE FACILITY SHALL NOTIFY THE INDIVIDUAL OF HIS OR HER RIGHT 8 TO OBTAIN FROM THE FEDERAL BUREAU OF INVESTIGATION A COPY OF HIS 9 OR HER FEDERAL CRIMINAL HISTORY RECORD AND TO CHALLENGE THE ACCU- 10 RACY OF THAT RECORD. 11 (6) A FACILITY SHALL PROVIDE AN APPLICANT WITH INFORMATION 12 ON HOW AND WHERE TO OBTAIN THE INFORMATION REQUIRED BY THIS SEC- 13 TION ON A FORM PROVIDED BY THE DEPARTMENT. 14 Enacting section 1. This amendatory act does not take 15 effect unless all of the following bills of the 89th Legislature 16 are enacted into law: 17 (a) Senate Bill No. ________ or House Bill No. ________ 18 (request no. 00737'97). 19 (b) Senate Bill No. ________ or House Bill No. ________ 20 (request no. 00737'97 a). 21 (c) Senate Bill No. ________ or House Bill No. ________ 22 (request no. 00737'97 b). 00737'97 c Final page. CPD