Currently, only workers at assisted living homes and nursing homes such as nurses are subjected to criminal background checks in the state of Kentucky. These employees usually offer direct care services to residents. While the public hails this as a rational law, others said it is not fair to employees who have gone through criminal rehabilitation.
A new legislation was recently introduced to the 2012 Kentucky General Assembly that calls for criminal background checks to be conducted among all employees who provide long term care. The law would extend criminal background checks to dining room staff and even janitors.
The bill was introduced in response to a claim filed last year. It was found out by a Fayette Circuit Court that a maintenance worker employed in a Lexington nursing home was a registered sex offender.
The comprehensive law disallows assisted living communities or nursing facilities from employing people who have been convicted of a felony associated to theft, sale or abuse of illegal drugs, abuse, neglect, any sexual crime and sexual exploitation of adults.
The law was clearly created in view of cases where employees in nursing homes treated residents unfairly. Aside from financial exploitation, there were cases when workers took physical, emotional or sexual advantage of residents.
For almost five years, lobbyists have been working to draft a legislation that would subject all long term care employees to criminal background checks. These interest groups unanimously commended the legislation, with one lobbyist saying it is important, as it has a significant impact on the quality of people who take care of the aging population.
Senate Bill 44, a legislation similar to the recent bill, has also been introduced in the 2011 General Assembly, but it failed to pass. According to lobbyists, it failed because some legislators misunderstood the proposed bill. As of now, the new bill has not yet received any opposition from any industry representatives.
In June, the state received a federal grant worth $3 million to perform criminal background checks by making use of high-tech fingerprint technology in place of name based checks only. The grant was primarily used by employees in direct care facilities.
Subjecting all long term care employees from criminal background checks will help ensure the safety and protection of the aging population. The legislation is all about protecting the aging population from any exploitation, abuse or maltreatment.
