[Adopted 5-16-2006 by L.L. No. 31-2006 (Ch. 366A, Art. I, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that, due to their advanced age and/or medical condition, residents of nursing homes are particularly vulnerable to exploitation by sex offenders.
B. 
This Legislature further determines that while criminal background checks are required for many nursing home employees, some employees and volunteers are not subject to such screening.
C. 
This Legislature also finds that nursing home operators are not required to screen their residents/patients or, if they have knowledge that a registered sex offender is residing in their facility, to advise other residents of this fact. In late 2005, it was reported that a registered Level Two sex offender living in a Suffolk County nursing home was arrested for forcibly touching an eighty-four-year-old female resident and that the nursing home did not advise its residents that a known sex offender was living amongst them.
D. 
Therefore, the purpose of this article is to afford greater protection to nursing home residents by strengthening the screening and notification requirements for nursing homes.
As used in this article, the following terms shall have the meanings indicated:
EMPLOYEE
Any employee, volunteer or intern who is not required, pursuant to any other law or regulation, to undergo a criminal background check prior to beginning his or her employment or service in a nursing home.
NURSING HOME
A facility providing therein nursing care or health-related services to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board.
OPERATOR
Any person, corporation or other entity who or which owns or operates a nursing home.
RESIDENT
Any resident or patient of a nursing home.
A. 
Employees.
(1) 
All nursing home operators in Suffolk County shall make an inquiry to the New York State Sex Offender Registry to determine whether any current employee appears in said registry.
(2) 
All nursing home operators in Suffolk County shall, prior to hiring any new employee, make an inquiry to the New York State Sex Offender Registry to determine whether the prospective employee appears in said registry.
B. 
Residents.
(1) 
All nursing home operators in Suffolk County shall make an inquiry to the New York State Sex Offender Registry to determine whether any current resident appears in said registry.
(2) 
All nursing homes in Suffolk County shall, prior to admitting a new resident, make an inquiry to the New York State Sex Offender Registry to determine whether the prospective resident appears in said registry.
If a nursing home operator determines that a resident of the nursing home is registered with the New York State Sex Offender Registry, the nursing home operator shall advise its employees and residents, and the residents' next of kin, of the resident's sex offender status. The nursing home operator shall also direct staff and residents to the State and Megan's Law Sex Offender Registries to obtain further information.
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II of the Suffolk County Sanitary Code.
The Commissioner of the Suffolk County Department of Health Services is hereby authorized and empowered to issue such rules and regulations as he or she deems necessary to implement and carry out the provisions of this article.
This article shall apply to nursing homes within the County of Suffolk subsequent to the effective date of this article.