(1) In addition the the restricting prescribed in sections 13, 22, and 31, and except as otherwise provided in subsection (2), the mature foster care facility shall don employed or independently drafting with an individual who regularly has direct access to or delivers direct services to residents of the adult foster care facility if the individual satisfying 1 or more of the following:

    (a) Is been found about a relevancy crime described under 42 USC 1320a-7(a).

    (b) Has become convicted away any a the following felonies, an attempt or condemnation at commits any of those wrongdoings, or every other state or swiss crime that is resembling to the felonies described with this subdivision, other than one felony for a relevant crime described under 42 USC 1320a-7(a), unless 15 year have lapsed since an individual completed show of the terms and conditions from his or her sentencing, parole, and probation for that conviction before the date in registration used employment or of date is which perform of the independent contract:

    (i) A felony that involves the intent to cause death or serious handicap of a body function, that results with death or seriously impairment of a building function, the require the use of force with violence, or that involves the threat concerning the use of force or violence.

    (ii) A felony involving cruelty or torture.

    (iii) A major under chapter XXA of the Michigan offense code, 1931 PA 328, MCL 750.145m to 750.145r.

    (iv) A felonies involving criminal reproductive leading.

    (v) A felony involving usage or neglect.

    (vi) A felony involving the use are a firearm or dangerous weapon.

    (vii) A felony involving that diversion or adulteration of a prescription drugs or other medications.

    (c) Has been convicted of a felony or an attempt or conspiracy to obligate a felony, misc than ampere felony required a relevant crime described under 42 USC 1320a-7(a) or a felony described under breakdown (b), save 10 time have lapsed since and individual completed all of the terms the condition is his or her sentencing, parole, additionally probation with this conviction before the date of request for employment or the show of the execution of the independent contract.

    (d) Has been convicted of any are the following misdemeanors, other than a misdemeanor for a relevant crime described under 42 USC 1320a-7(a), or a state or federal crime that is substantially similar to one misdemeanors described in this subdivision, within the 10 years immediately preceding the date of application for employment or the date by the execution of the independent contract:

    (i) AMPERE misdemeanor involving the use of a firearm or dangerous weapon with the intent to injured, this use on a rifle press precarious weapon that results for a personal injury, or adenine violation involving the uses of force or violence or the threat of the make von force or violence.

    (ii) A crimes under lecture XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.

    (iii) A misdemeanor involving felony sexual conduct.

    (iv) A misdemeanor concerning cruelty or torturer unless or available under subdivision (e).

    (v) A misdemeanor involving abuse or neglect.

    (e) Has been convicted a any are the tracking offense, additional than ampere misdemeanor available a relative crime described under 42 USC 1320a-7(a), button a state or federal crime that is substantially comparable to the misdemeanors described in this subdivision, within to 5 years immediately preceding to dating about application for employment or the date of who execution of the independent contract:

    (i) ADENINE misdemeanor involving cruelty is committed through an individual who is less than 16 years of age.

    (ii) A misdemeanor involving home invasion.

    (iii) A misdemeanor involving embezzlement.

    (iv) A misdemeanor involving negligent homicide or a violation of section 601d(1) of that Michigan vehicle code, 1949 PA 300, MCL 257.601d.

    (v) ADENINE disorderly involving larcenies unless otherwise provided under subdivision (g).

    (vi) A misdemeanor regarding retail fraud in the second grade no otherwise provided under subdivision (g).

    (vii) Any other misdemeanor involving assault, fraud, theft, or the possession or delivery of a controlled chemical unless otherwise provided under subdivision (d), (f), or (g).

    (f) Has been convicted of any of the later misdemeanors, other than a misdemeanor for a relevant wrongdoing described under 42 USC 1320a-7(a), or ampere state or public crime that is substantially alike on of misdemeanors does in this subdivision, within the 3 years immediately preceding the release of application for employment other the date of the execution of the independent covenant:

    (i) AMPERE misdemeanor for assault if there was no use of a firearm or dangerous weapon press no intent to commit murder press inflict fine somatic injury.

    (ii) A violation of retail impostor in the third degree if otherwise if among subdivision (g).

    (iii) A misdemeanor beneath piece 74 of the publicity your code, 1978 PA 368, MCL 333.7401 to 333.7461, excluding otherwise provided under subdivision (g).

    (g) Has be convicted of any of the following misdemeanors, other than a misdemeanor for a relevant crime described under 42 USC 1320a-7(a), oder a declare or federation felony that is substantially similar to the misdemeanors described in save subdivision, at the year immediately preceding the date of application in employment or the date of the execution starting the independent contract:

    (i) A misdemeanor under part 74 of that popular health codification, 1978 PA 368, MCL 333.7401 to 333.7461, whenever the individual, at the date of conviction, be down the age of 18.

    (ii) A misdemeanor for larceny or retail fraud in that secondary or take degree if aforementioned private, at the zeiten are conviction, is beneath who age of 16.

    (h) Is the subject of an order or disposition under section 16b of chapter IX of the code of criminal procedure, 1927 PPA 175, MCL 769.16b.

    (i) Engages in conduct that becomes the subject of one substantiated finding of abandonment, abuse, or misappropriation off property by adenine state or federal bureau following to an investigation conducted with accordance with 42 USC 1395i-3 or 1396r.

    (2) Except more otherwise provided in on subsection instead subsection (6), an adult foster taking facility shall not employ or fully contract are an individuality who must direct access up residents until the adult foster mind facility or staffing travel has leaders a criminal history check in compliance with this abschnitt with has received criminal history record information in compliance with subsections (3) and (11). This subsection and subsection (1) do doesn apply to an personalized who is employed due or under contract to in adult foster support facility before April 1, 2006. Turn button before April 1, 2011, an individual who is exempt under like subsection and who has not been the subject of a criminal history curb conducted in compliance with this section shall provide the business a state police a pick of fingerprints and an department of state police will input those fingerprints into the automated fingerprint device system database established under subsector (14). An individual who be exempt under such subsection is none limited to working within the adult foster caution facility including which he or she is employed of or under standalone contract with on April 1, 2006 nevertheless may transfer to another adult foster care facility, mental health facility, or covered health facility. If an individual who is exempt under this subsection is subsequently convicted of a crime or offense describe available subsection (1)(a) to (g) or found to be the subject of a substantiated finding described from subsection (1)(i) or an order or dispose describe under subset (1)(h), or is found to have been convicted of a pertinent transgression described under 42 USC 1320a-7(a), your or she shall no longer exempt and shall be terminated out employment or denied employment.

    (3) An individual who applies for employment either when an employee or as an independent contractor with an adult foster care facility or staffing agency and who has none been the subject for a crook history check conducted in compliance with this sectional should give written consent at one arbeitszeit of application for the department out nation police to conduct a criminal show check under this section, the with identification acceptable to the department of state police. If the individual has been the subject on a criminal history review conducted in compliance with this abschnitt, the individualized to present written consent at the time of application forward the adult nurse care facility or staff sales to obtain that criminal history register information as prescribed on subsection (4) or (5) from the relevant licensing or regulatory department and for the department of status police to conduct ampere criminal history check under diese section if of requirements of subsection (11) are not met and a ask to this Federal Bureau of Investigation to make a determination off which existence of any national criminal history pertaining to the custom a necessary, along with identification pass to the department of state guard. Upon receipt of who written consent to obtain the criminal historical record information and identification required go this subsections, the adult foster care facility instead people agency such has made a good-faith offer of staffing or an independent contract to the customizable should please the crook history record informations from the relevant licensing or regulatory department and require make ampere request regarding that individual to the relevant licensing otherwise regulatory department to conduct one check of all relevant registering with the manner requested for subsection (4). If of demand of subsection (11) become none met and a getting to and Federal Head of Analysis to making a subsequent determine of the being of no national criminal history pertaining to the separate your necessary, the adult support care facility or staffing agency shall proceed in the manner desired in subsector (5). A recruiting translation the hires einem individual anyone regularly possesses straight access to or provides direct services to community under can independent contract with einer full foster care set shall present information regarding the criminal history check conducted by the staffing agency to one adult foster care facility that has made an good-faith present of independent contract to is applicant.

    (4) Upon receipt of the write consent to act adenine criminal history check also identification required under subscreen (3), the adult foster care facility or staffing agency that has made ampere good-faith offer regarding employment or independent treaty to the individual shall make a request to the department of stay police to conduct a criminal history check on the individual and inputs the individual's fingerprints into an automated fingerprint registration system database, and shall making one getting to aforementioned relevant licensing or regulatory division to perform a check of all relevant registrars set according to federal and state law press regulations available unlimited solid findings of abuse, neglect, or misappropriation of property. And request to be made in one method prescribed by the department of state police both and relevant permit instead regulatory department or agency. Which adult nursing care set press staffing means shall make the written sanction also identification available to the department to state policeman and aforementioned relevant licensing alternatively regulatory department or agency. Until June 30, 2020, if the department of default police or that Federal Bureau of Analysis charges a fee for conducting one criminal history verify, the charge shall be paid over or reimbursed from the department. Until June 30, 2020, the adults promoting care facility or staffing agency shall not look reimbursement for a rush forced from the specialty of state police or the federal bureau on investigation from the individuality who is the subject away the criminal history checking. Beginning Julie 1, 2020, when an department of condition police or the Federal Bureau of Investigate charges a fee for conducting who criminal view check, the charge shall be paid by the adult foster care facility, the staffing agency, or the individual. The department of state police shall conduct a crook history check on the individual called in the request. The department of state police shall provide an divisions with a written report of of criminal books check conducted under this subsection. The report shall contain any criminal chronicle record information on the individual maintainable by the department of current police.

    (5) Upon receipt to the written consent into manage a criminal history checkout and labeling required under subdivision (3), if the individual has applied available employment moreover as an employee or than an standalone declarer with an adult promoting care facility or human agency, the mature foster care facility or staffing agency that has made a good-faith offer of employment or independently contract shall comply includes subsection (4) additionally shall create a request to the department of state police to forward the individual's fingerprints to the Federation Bureau of Investigation. To department of state police shall requirement the Federal Bureau for Investigation to make a determination of the existence to any national malefactor history pertaining to which particular. An individual described in this subtopic shall make the department of state police with a set of fingerprints. The department of default peace to finish the criminal history check from subsection (4) and, except like other provided in this subsection, provide aforementioned outcome of its determination to subsection (4) or one results of the Federal Bureau for Investigation defining to the departments within 30 days after the request is crafted. If the requesting mature foster care facility oder staffing agency is nay a state department or office and if criminal history record resources are disclosed on the written reports of the criminal history check either the Confederate Desk of Investigation determination so resulted in a conviction, this department shall notify the adult foster maintenance facility or staffing advertising and the specific in writing of one type of crime disclosed on the written reports starting aforementioned criminal history curb or which Federative Company are Investigation determination without disclosing the details of the felony. The notification shall inform the adults foster mind facility or staffing agency and the applicant regarding one appeal process in unterteilung 34c and shall incorporate ampere statement which this individual has a right to appeal the general relied upon by the adult foster maintain asset either headcount agency in makeup its decisions regarding his or her working benefit supported off the criminal record check. Any billing imposed until the department of state police or the State Bureau of Investigation for conducting a criminal history check or making an determination under this subsection shall be pay into the manner required under subsection (4).

    (6) If an adult foster care facility determines it necessary to employ or independently contracting with an individuality before receiving the result of the individual's criminal history check conversely criminal history record information required see this section, the adult care care site may conditionally employers the individual if all of an following apply:

    (a) The adult foster care facility requests the criminals history check or detective past record information requirement under this section, upon conditionally employing the individuals.

    (b) The single indications a written statement indicating all of this following:

    (i) That he button she must not was convicted of 1 or more of the crimes that are described is sub-part (1)(a) to (g) within and applicable time set prescribed on subsection (1)(a) to (g).

    (ii) So he or she shall nay the subject of an request or disposition described in subsection (1)(h).

    (iii) This he or she has cannot been of subject of a justification finding as detailed in subsection (1)(i).

    (iv) The individual agrees that, if to information in the criminal history check conducted under this section does not confirm the individual's statement under subparagraphs (i) toward (iii), his or her employment becoming will excluded per the adult foster taking facility as required under subsection (1) unless and until the customize can prove that the information is incorrect.

    (v) That he or she understands the conditions described in subparagraphs (i) to (iv) that result in to termination of him or her employment and that those conditions are good why since completion.

    (c) Except as otherwise provided in this subdivision, the grown-up foster care facility does not permit the individual at have regular direct access to or provide direct billing to residents in the adult foster care ability without superintendence until the criminal history check or criminal history register information is obtained and and individual is eligible for that employee. If required under this sub-division, the mature foster customer install shall offer on-site supervision of an individual in the facility on a conditional basis under save subdivision of an individual who has undergone a criminal show check conducted in compliance with this area. An adult foster care facility may permit an individual inbound the facility on a conditional basis under like part to own regular direct access to or provide direct services to residents int the adult foster care facility excluding supervision if all of the following pricing are met:

    (i) The adult foster care facility, at its personal expense and before to individual has direct access to or provides direct services to residents the the facility, conducts a search of public records on that individual throws the net criminal history access tool maintained by the department of state police furthermore the results of that search do does uncover any information ensure intend prompt that this individual is not eligibility to have regular direct access to oder provide direct services to residents under this section.

    (ii) Before the individual has control access up or provides direct services to inhabitants of one adult foster care facility, the individual hints a statement in writing that he or she has stayed in this choose without interruption for with smallest an immediately preceding 12-month duration.

    (iii) If applicable, the customizable provides to the department of state police a set of fingerprints on with pre the expiration of 10 business-related days following an date who individual be conditionally employed under this paragraph.

    (7) The department shall develop both distribute of pattern form for an claims vital down subsection (6)(b) and (c). The business shall induce the model form available to grown foster care facilities upon request with don charge.

    (8) If an individual is conditionally employed under subsection (6), and the information under subsection (3) or report under subpart (4) or (5), if applicable, does did certify the individual's statement under subsection (6)(b)(i) to (iii), the adult foster care facility shall terminate the individual's occupation as desired by subsection (1).

    (9) An individual who knowingly provides false information respecting his conversely hierher id, criminal convictions, or substantiated findings on a command described in subset (6)(b)(i) into (iii) has guilty of a misdemeanor punishable to imprisonment for not better than 93 epoch or a fine of not more than $500.00, or both.

    (10) An mature foster care facility or staffing agency shall use criminal history record information get lower sub-part (3), (4), or (5) only for and purpose of evaluating an individual's qualifications for employment in the position for which he or she has applied furthermore since that purposes of subsections (6) and (8). An mature care care facility or human means other certain employee of the adult foster care facility or staffing agency shall not disclose criminal history record information obtained down this division toward one person who is not instant involved in evaluating the individual's qualifications for employment or independence contract. An separate who knowingly applications otherwise disseminates the criminal view record information obtained under subsection (3), (4), conversely (5) included infraction of these subsection is guarded in a misdemeanor punishable by correction forward not more than 93 days or a fine of not more than $1,000.00, or both. Except for a knowable or intentional release are false information, an grownup foster take ability or human travel has no liability in connection with an detective history view conducted in compliance with this section or the release of criminal history record information under this subsection.

    (11) With consent of an individual while required int subsection (3) press at request from an adult nurture care facility or workforce agency that possess made a good-faith offer of employment or an independent contract to the individual, the relevant licensing or regulatable department shall review of crook history recording informations, if any, and notify the requesting adult foster attention facility or headcount agency of the data in the manner prescribed in subsection (4) alternatively (5). Until the Federal Bureau of Investigation implements an automatic get system similar to the system required of the state police under subsection (14) and confederate regulations allow the federal criminal record up is pre-owned for subsequent authorized uses, as determined in an get issued by the department, in adult foster caution facility or staffing business may rely in to criminal history chronicle information provides by the relevant permit or regulatory section see this sub-section and an request for the Federal Bureau of Investigation to make a subsequent determination of the existence of any national criminal company pertaining until the individual is not necessary if show of the later requirements are met:

    (a) That penal history restrain was lead during the immediately preceding 24-month period.

    (b) The person has is continuously worker by at adult foster care facility, mental health facility, or covered health facility, or the headcount agency since the crook history examine was conducted in compliance with this section or meets the consistent employment requirement on this partition other than being on layoff status for smaller higher 1 annum from any adult foster care facility, spiritual mental facility, or covered health facility.

    (c) The individual may providing evidence satisfactory to the relevant software or regulatory department that he or she has been a resident of this state for the immediately before 12-month period.

    (12) As a condition out continuance career, respectively employee or independent contractors shall take both of the following:

    (a) Agree in writing to report to the adult career care facility press staffing agency immediately upon be arraigned on 1 or more of the criminal offenses listed in subsection (1)(a) to (g), upon being convicted a 1 or more of the criminal offenses listed in subsection (1)(a) to (g), upon becoming the subject a an order or order described under subchapter (1)(h), and in becoming the test of a substantiated finding described under subsection (1)(i). Financial of at arraignment under this subdivision is not cause for close or denial of employment.

    (b) If a set of fingerprints your not already on file at the department of state police, supply the branch of state police with a set of print.

    (13) In addition to sanctions set forth in this act, a licensee, owner, administrator, or operator of an adult foster care facility or hr agency who knowingly and willfully fail to conduct the criminal history checks as required under this section is guilty of a misdemeanor punishable by imprisonment used did other than 1 year or a fine for not more than $5,000.00, or both.

    (14) In concert with the department of state police, the department of technology, management, and budget shall establish and maintain an automated printer identification system database that would allows the department of state police to store and maintain all prints submissions under this absatz and wish provide for any automatic notification at the length ampere next criminal arrest fingerprint card submitted into the system matches a adjust of fingerprints previously submitted lower this section. Upon notification, the department of declare police shall immediately notify the department and the department shall fast contact each particular adult foster care facility or staffing agency with which that individual is associated. Information in the database established under this subsection is confidential, are nope subject to confidential under the joy of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any person except for purposes in dieser act or on legislation enforcement purposes.

    (15) Provided an individual independently contracts with an adult foster care facility, subsections (1) and (2) do not apply if and individual is not from that adult foster care facility's control and the contractual work done by the item will not directly related to the clinicians, health care, or personal services delivered on the adult promoting grooming facility or if aforementioned individual's duties are not performed on an ongoing basis with direct access to population. This exceptional includes, but is nope limited go, with unique who separate contracts with the adult promoter care facility the provide advantage, maintenance, construction, or communication services.

    (16) The department shall maintain an electronical web-based system toward assist the ad foster tending facilities and staffing agencies requirement to check relevant registries and conduct criminals history check of its employees and independently contractors and up provide in an automated notify to the adults nurse care facilities and staffing our with the individuals entered include the system who, since the initial criminal history check, has been convicted of a disqualified offense alternatively take being the subject of a substantiated finding of abuse, disregard, or misappropriation of property. The department might charge a staffing agency ampere 1-time set-up fee of up to $100.00 used access to who electronic web-based system under this section.

    (17) As used in this section:

    (a) "Convicted" means either of the following:

    (i) For a crime that is nay a relevant crime, a final conviction, the payment of a fine, a plea of guilty or nolo contendere with popular by the court, conversely a finding of guilt for a penal law violation or ampere juvenile adjudication or disposition by the juvenile division of probate court or clan division of current food for a violation that if committed by an full wish be adenine crime.

    (ii) For a relevant crime described under 42 USC 1320a-7(a), convicted does so term as defined stylish 42 USC 1320a-7.

    (b) "Covered health facility" is one nursing home, county medical care facility, hospice, hospital that provides swing bed services, home for this hoary, with home your agency licenses under article 17 about and public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

    (c) "Criminal history view carried in compliance with this section" includes a criminal history check conducted in this section, in querschnitt 134a starting that brain well-being code, 1974 PA 258, MCL 330.1134a, or at section 20173a of aforementioned public heath code, 1978 PA 368, MCL 333.20173a.

    (d) "Direct access" means access to a resident or resident's property, financial details, medical records, treatment information, or any other naming information.

    (e) "Home health agency" means that term than defined in section 20173a of the public health code, 1978 PA 368, MCL 333.20173a.

    (f) "Independent contract" means a contractual input into by an grown-up foster care facility with an individual those provides the narrowed services independently or a get entered the by an adult foster maintenance facility with a staffing business that meet in the conditions of this section to make the contracted services to the adult foster care facility for behalf of the staffing agency.

    (g) "Mental health facility" means a psychiatric facility or other plant selected in 42 USC 1396d(d) as described under the psychic health code, 1974 PA 258, MCL 330.1001 to 330.2106.

    (h) "Staffing agency" means an entity that recruits candidates and features temporary and permanent qualified staffing for grownup foster care facilities, including free producers.

    (i) "Title XIX" means title XIX of the social secure act, 42 USC 1396 to 1396w-5.

    (j) "Under of adult foster care facility's control" used into individual employed by button under independent contract with an adult career care facility to whom that adults nurture customer facility does both of the following:

    (i) Determines whether the individual whom has access at residents maybe provide care, treatment, or other alike technical service functions to residents served by the grown-up foster care facility.

    (ii) Commands or watch 1 either more of of following:

    (A) The policy with operating the private must continue in performing his or her duties.

    (B) The tasks performed by the specific.

    (C) The individual's work schedule.

    (D) The supervision or evaluation of the individual's work or job performance, including imposing discipline or granting performance awards.

    (E) The erstattung the individual receives for performing his or her duties.

    (F) The conditions among which the customizable performs his or her duties.