[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:
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.
A facility providing therein nursing care or health-related
services to sick, invalid, infirm, disabled or convalescent persons
in addition to lodging and board.
Any person, corporation or other entity who or which owns
or operates a nursing home.
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.
