Mental health and substance abuse providers; background checks. (SB260)

Introduced By

Sen. Louise Lucas (D-Portsmouth)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Mental health and substance abuse providers; background checks. Allows private providers licensed by the Department of Behavioral Health and Developmental Services to hire as a direct care employee in adult substance abuse or mental health treatment programs a person who has been convicted of a misdemeanor violation relating to assault and battery against a family or household member as long as such offense was substantially related to substance abuse or mental illness and the applicant has been rehabilitated. Alternatively, the bill authorizes private providers to hire as a direct care employee persons who have been convicted of not more than one misdemeanor violation relating to assault and battery against a family or household member if 10 years have elapsed since the conviction, unless the person committed the offense while employed in a direct consumer care position.

The bill also makes a technical change that clarifies the existing law that (i) community service boards and private providers may hire as a direct care employee persons who have been convicted of not more than one misdemeanor violation relating to assault and battery and (ii) community service boards may hire as a direct care employee persons who have been convicted of not more than one misdemeanor violation relating to assault and battery of a family or household member, provided, however, that in the case of any conviction referenced in clause (i) or (ii), 10 years have elapsed since the conviction, and the person did no commit the offense while employed in a direct consumer care position. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/12/2010Prefiled and ordered printed; offered 01/13/10 10100800D
01/12/2010Referred to Committee on Education and Health
01/21/2010Reported from Education and Health (15-Y 0-N) (see vote tally)
01/22/2010Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/25/2010Read second time and engrossed
01/26/2010Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/03/2010Placed on Calendar
02/03/2010Read first time
02/03/2010Referred to Committee on Health, Welfare and Institutions
02/18/2010Reported from Health, Welfare and Institutions with substitute (13-Y 9-N) (see vote tally)
02/18/2010Committee substitute printed 10105474D-H1
02/19/2010Read second time
02/22/2010Read third time
02/22/2010Committee substitute agreed to 10105474D-H1
02/22/2010Engrossed by House - committee substitute SB260H1
02/22/2010Passed House with substitute (71-Y 27-N)
02/22/2010VOTE: --- PASSAGE (71-Y 27-N) (see vote tally)
02/24/2010House substitute rejected by Senate (1-Y 39-N) (see vote tally)
02/25/2010House insisted on substitute
02/25/2010House requested conference committee
03/01/2010Senate acceded to request (40-Y 0-N) (see vote tally)
03/01/2010Conferees appointed by Senate
03/01/2010Senators: Lucas, Locke, Quayle
03/03/2010Conferees appointed by House
03/03/2010Delegates: Cline, Cleaveland, Englin
03/14/2010No further action taken
03/14/2010Failed to pass in Senate

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 2 minutes.

Comments

Jack Ford writes:

Why not all employers? Why just MH and SA? Could it be because the safety of people with MH and SA doesn't matter as much to the Senate as that of other citizens?