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HB 5631

AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- EMPLOYEE CRIMINAL RECORDS CHECK

2025 Regular Session Introduced by Alex Finkelman and 1 co-sponsor

Allows qualified vendors to conduct nationwide criminal checks for BHDDH jobs with routine unsupervised client contact, while preserving fingerprint checks and 5-year rechecks.

03/18/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5631

Summary — HB 5631

Title: AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS — EMPLOYEE CRIMINAL RECORDS CHECK
Introduced: March 14, 2025 (Sponsors: Reps. Finkelman, Spears)
Status (most recent): 03/18/2025 — Committee recommended measure be held for further study. Companion: SB 800. Effective date: upon passage.

Purpose

The bill updates the statutory process for conducting criminal records checks of job applicants who will have routine one-on-one contact with patients, residents, or clients in facilities or programs regulated by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH). It broadens where applicants may submit fingerprint-based national checks and modifies who must use the Attorney General’s office for those checks.

Key provisions / substantive changes

  • Authorizes applicants for employment (when duties involve routine unsupervised contact with clients) to apply to a "qualified vendor" for a nationwide criminal records check, in addition to existing options (state police bureau of criminal identification or local police).
  • Maintains the fingerprint workflow: fingerprints initially checked by the Attorney General’s office for state records and then forwarded to the FBI for a national criminal history check.
  • Retains periodic rechecks: criminal records checks required every five (5) years of continuous employment from the date of the previous check.
  • Retains employer recordkeeping and enforcement: employers must keep evidence that checks were initiated and keep results on file; failure may be prima facie grounds to revoke license/certification.
  • Cost responsibility provision remains: organizations meeting the statutory employee-threshold must pay expenses associated with obtaining the criminal records check (the statute text references organizations employing two hundred fifty (250) or more employees).

Important note on numeric threshold: The Legislative Council explanatory note says the bill “would eliminate the minimum requirement of organizations employing more than twenty-five (25) employees,” but the bill text referenced in Section 40.1-25.1-3 continues to mention a 250-employee threshold. This discrepancy should be verified in the enrolled/amended bill or legislative summary for the final numeric effect.

Who is affected

  • Job applicants for positions involving routine, unsupervised contact with clients in BHDDH-licensed or BHDDH-operated facilities/programs.
  • Employers/operators of those facilities/programs (responsible for initiating checks and maintaining records; may bear costs depending on organization size).
  • State police, local police, Attorney General’s office, and qualifying private vendors who will process checks.

Procedural / timeline notes

  • Introduced in late February/early March 2025 and referred to House Health & Human Services; read and scheduled for committee action.
  • 03/18/2025: Committee recommended the measure be held for further study (status currently not advanced).
  • If enacted, the act takes effect upon passage.

Considerations

  • Allowing qualified vendors could speed processing or increase options but may raise questions about vendor qualifications, data security, and oversight.
  • Clarify which organizations are required to pay costs (confirm whether the threshold is 25, 250, or removed).

Compiled from official sources — confirm details with the bill’s official record.

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