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.

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(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.)