81-6,120 Transportation services; restrictions on providers; criminal history record information check required; fingerprinting; costs; release of results; violation; penalty. - Nebraska Statutes

81-6,120. Transportation services; restrictionson providers; criminal history record information check required; fingerprinting;costs; release of results; violation; penalty.(1) No individual who has been convictedof a felony or of any crime involving moral turpitude, or who has been chargedwith or indicted for a felony or crime involving moral turpitude and therehas been no final resolution of the prosecution of the crime, shall providetransportation services under contract with the Department of Health and HumanServices, whether as an employee or as a volunteer, for vulnerable adultsas defined in section 28-371 or for persons under nineteen years of age.(2) In orderto assure compliance with subsection (1) of this section, any individual whowill be providing such transportation services to such vulnerable adults orpersons under nineteen years of age and any individual who is providing suchservices on August 30, 2009, shall be subject to a national criminal historyrecord information check by the Department of Health and Human Services throughthe Nebraska State Patrol.(3) In addition to the national criminal history record informationcheck required in subsection (2) of this section, all individuals employedto provide transportation services under contract with the Department of Healthand Human Services to vulnerable adults or persons under nineteen years ofage shall submit to a national criminal history record information check everytwo years during the period of such employment.(4) Individuals shallsubmit two full sets of fingerprints to the Nebraska State Patrol to be submittedto the Federal Bureau of Investigation for the national criminal history recordinformation check required under this section. The individual shall pay theactual cost of fingerprinting and the national criminal history record informationcheck.(5)(a) Individuals shall authorize release of the results and contentsof a national criminal history record information check under this sectionto the employer and the Department of Health and Human Services as providedin this section.(b) The Nebraska State Patrol shall not release the contents ofa national criminal history record information check under this section tothe employer or the individual but shall only indicate in writing to the employerand the individual whether the individual has a criminal record.(c) The NebraskaState Patrol shall release the results and the contents of a national criminalhistory record information check under this section in writing to the departmentin accordance with applicable federal law.(6) The Department of Health and HumanServices may develop and implement policies that provide for administrativeexceptions to the prohibition in subsection (1) of this section, including,but not limited to, situations in which relatives of the vulnerable adultor person under nineteen years of age provide transportation services forsuch vulnerable adult or person under nineteen years of age or situationsin which the circumstances of the crime or the elapsed time since the commissionof the crime do not warrant the prohibition. Any decision made by the departmentregarding an administrative exception under this section is discretionaryand is not appealable.(7) An individual who does not comply with this section is guiltyof a Class V misdemeanor. SourceLaws 2009, LB97, § 30.