§ 90-288.01. Criminal history record checks of applicants for licensure. - North Carolina Statutes

§ 90‑288.01.  Criminalhistory record checks of applicants for licensure.

(a)        The followingdefinitions apply in this section:

(1)        Applicant. – Aperson applying for initial licensure pursuant to either G.S. 90‑278 orG.S. 90‑287 or applying for renewal of licensure pursuant to G.S. 90‑286.

(2)        Criminal history. – Ahistory of conviction of a state or federal crime, whether a misdemeanor orfelony, that bears on an applicant's fitness for licensure as a nursing homeadministrator. The crimes include the criminal offenses set forth in any of thefollowing Articles of Chapter 14 of the General Statutes: Article 5,Counterfeiting and Issuing Monetary Substitutes; Article 5A, EndangeringExecutive and Legislative Officers; Article 6, Homicide; Article 7A, Rape andOther Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction;Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Deviceor Material; Article 14, Burglary and Other Housebreakings; Article 15, Arsonand Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18,Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, ObtainingProperty or Services by False or Fraudulent Use of Credit Device or OtherMeans; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds;Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency;Article 26A, Adult Establishments; Article 27, Prostitution; Article 28,Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders;Article 39, Protection of Minors; Article 40, Protection of the Family; Article59, Public Intoxication; and Article 60, Computer‑Related Crime. Thecrimes also include possession or sale of drugs in violation of the NorthCarolina Controlled Substances Act, Article 5 of Chapter 90 of the GeneralStatutes, and alcohol‑related offenses, including sale to underagepersons in violation of G.S. 18B‑302 or driving while impaired inviolation of G.S. 20‑138.1 through G.S. 20‑138.5.

(b)        Criminal HistoryRecord Check. – The Board shall require a criminal history record check of allapplicants. Refusal to consent to a criminal history record check mayconstitute grounds for the Board to deny licensure to an applicant. The Boardshall provide to the North Carolina Department of Justice the fingerprints ofthe applicant to be checked, a form signed by the applicant consenting to thecriminal history record check and the use of fingerprints and other identifyinginformation required by the State or National Repositories, and any additionalinformation required by the Department of Justice. The Board shall keep allinformation obtained pursuant to this section confidential. The Board shallcollect any fees required by the Department of Justice and shall remit the feesto the Department of Justice for expenses associated with conducting thecriminal history record check.

(c)        Convictions. – Ifthe applicant's criminal history record check reveals one or more convictionslisted under subdivision (2) of subsection (a) of this section, the convictionshall not automatically bar licensure. The Board shall consider all of thefollowing factors regarding the conviction:

(1)        The level ofseriousness of the crime.

(2)        The date of thecrime.

(3)        The age of theapplicant at the time of the conviction.

(4)        The circumstancessurrounding the commission of the crime, if known.

(5)        The nexus betweenthe criminal conduct of the applicant and the job duties of the position to befilled.

(6)        The applicant'sprison, jail, probation, parole, rehabilitation, and employment records sincethe date the crime was committed.

(7)        The subsequentcommission by the applicant of a crime listed in subsection (a) of this section.

(d)        Denial ofLicensure. – If the Board refuses to issue or renew a license based oninformation obtained in a criminal history record check, the Board mustdisclose to the applicant the information contained in the criminal historyrecord check that is relevant to the Board's actions. The Board shall notprovide a copy of the criminal history record check to the applicant. Anapplicant has the right to appear before the Board to appeal the Board'sdecision. An appearance before the Board shall constitute an exhaustion ofadministrative remedies in accordance with Chapter 150B of the GeneralStatutes.

(e)        Limited Immunity. –The Board, its officers and employees, acting in good faith and in compliancewith this section, shall be immune from civil liability for its actions basedon information provided in an applicant's criminal history record check.  (2008‑183, s. 1.)