Expanding the protection of citizens from abuse, neglect, exploitation, or death (Kelly's Law)

              INTERIM STUDY REPORT
Human Services Committee
Rep. Pam Peterson, Chairman
Oklahoma House of Representatives
Interim Study 11-116, Rep. Anastasia Pittman
October 25, 2011
Expanding the protection of citizens from abuse, neglect, exploitation, or death (Kelly’s Law)
Debbie McKinney
Oklahoma State Bureau of Investigation
o Explained the background check services provided by her agency and the process
involved.
o There must be a federal law that allows criminal justice information to be used for non-criminal
justice purposes or a state law that references existing federal law.
Gwen McClain
Developmental Disabilities Services Division
DHS
Gwen.mcclain@okdhs.org
o Reviewed statutory and administrative requirements for pre-employment screening of
community services providers and workers.
o Screening consists of reference checks of all previous employers; criminal history records
checks; review of the community services workers registry and annual checks of the sex
offender and violent offender registry.
o Community services providers may request a waiver for certain non-felony convictions
that occurred more than five years prior to the date of the records search. To date, they
have had 69 waiver requests.
o The Community Services Worker Registry consists of the names of individuals who have
been found by an Administrative Law Judge or through a final DHS investigate finding to
have mistreated a DDSD service recipient.
o Discussed due process requirements of the registry. Since 1997, 536 people have been
listed on the registry.
o The registry is utilized by providers seeking to hire workers and is available to the public
through the DHS website www.okdhs.org.
James Joslin
Oklahoma State Department of Health
o Discussed federal grant program managed by the Centers for Medicare and Medicaid
Services that provides funds for the development of an efficient, effective and
economical procedure for states to conduct background checks. The grant is in effect
from 2010 through 2015.
o The goal is to establish a framework for a standardized nationwide program that states
can utilize to conduct fingerprint-based background checks on all prospective direct
patient access employees of long-term care facilities and providers.
o Discussed funding models under consideration (see presentation.)
o Provided an update on the current status of the grant in Oklahoma (see presentation.)