SS/HB 1318 - This act modifies provisions relating to mental health facilities and social security numbers used to identify employees.USE OF EMPLOYEE'S SOCIAL SECURITY NUMBER AS AN EMPLOYEE NUMBER (Section 407.1355)
Currently, no person or entity shall require an individual to use his or her Social Security number as an employee number. This act prohibits employers from using the last four digits of the employee's Social Security number as an employee number.
This provision is identical to SB 911 (2012).
DEPARTMENT OF CORRECTIONS MENTAL HEALTH PILOT PROGRAM (Section 559.117)
This act allows the Department of Corrections to establish a three-year pilot program in which judges in participating counties may send a criminal offender, upon a motion by a prosecutor, to the Department of Corrections for 120 days for mental health assessment and treatment. The victim must be given notice and an opportunity to be heard before the judge rules on the motion.
At the end of the 120 days, the department must send an assessment report to the sentencing court, which may release the offender on probation. The state probation and parole officer for the offender must work with the Department of Mental Health to enroll eligible offenders into Community Psychiatric Rehabilitation programs.
Offenders are not eligible for the pilot program who have been found guilty of, or plead guilty to, second-degree murder, forcible or first-degree statutory rape, forcible or first-degree statutory sodomy, first degree child molestation that is classified as a Class A felony, or any other offense that does not allow probation or parole. Those found to be predatory sexual offenders are also ineligible.
The directors of the Departments of Corrections and Mental Health are to report to the Governor and the General Assembly by December 31, 2015 on whether the program should be statewide.
These provisions are identical to SB 518 (2012) and HB 1456 2012).
DEPARTMENT OF MENTAL HEALTH EMPLOYMENT DISQUALIFICATION REGISTRY (Section 630.170)
This act modifies provisions relating to the Department of Mental Health Employment Disqualification Registry (EDR).
This act provides uniformity to all of the provisions relating to the EDR by specifying that such provisions apply to the following mental health facilities: any public or private facility, day program, residential facility, or specialized service operated, licensed, certified, accredited, in possession of deemed status or funded by the Department of Mental Health by or to any mental health facility or mental health program in which people are admitted on a voluntary or involuntary basis or are civilly detained.
Current law requires the person disqualified from employment under the EDR to seek an exception to the disqualification through a written request to the director of the department no more than once every twelve months. This act changes the time line to no more than once every six months.
Any person placed on the EDR prior to August 28, 2012, may be removed from the registry by the director or designee if the in the judgment of the director or designee a clear showing has been made, by written submission only, that the person will not commit any additional acts for which the person had originally been disqualified for or any other acts that would be harmful to a patient, resident, or client of a facility, program, or service.
Current law requires an applicant for a direct care position in any of the named mental health facilities to sign certain consent forms for a criminal record review and to disclose previous employment disqualifications. This act no longer restricts the requirement to just direct care positions.
Mental health facilities or mental health programs in which people are admitted on a voluntary basis or are civilly detained are included amongst the list of other Department of Mental Health facilities who are required to request a criminal background check and to check the employee disqualification registries from the Department of Mental Health, Department of Health and Senior Services and Department of Social Services for new employees who will have contact with clients, residents or patients. Any of these facilities that decline to employ or discharge a person who is disqualified under the provisions of this act shall be immune from suit by that person for the failure to employ or for the discharge of the person due to disqualification.
A provider is guilty of a Class A misdemeanor if the provider hires a person to hold any position knowing that such person has been disqualified under the provisions of this act.
Any employer who is required to discharge an employee because the employee was placed on the EDR after the date of hire shall not be charged for unemployment insurance benefits based on wages paid to the employee for work prior to the date of discharge.
Under current law, the Department of Mental Health is allowed to maintain the EDR. This act requires the department to do so. This act specifies the procedures for appealing a decision to have an employee placed on the EDR as well as delineating how the department determines the length of time the person's name shall appear on the EDR.
The department shall provide the EDR to other state and federal agencies upon request. The department may also provide the EDR to any of the mental health facilities falling under this act. The department may also provide the EDR to a recognized school of nursing, medicine, or other health profession for the purpose of determining whether students scheduled to participate in clinical rotations are included in the EDR.
This act is identical to a provision in SB 718 (2012).
MAXIMUM AND INTERMEDIATE SECURITY MENTAL HEALTH FACILITIES (Section 630.945)
This act provides that beginning July 1, 2013, no state employee, regardless of job classification, who is working in a maximum or intermediate security mental health facility or any portion of a mental health facility which has maximum or intermediate security shall be mandated to work more than twelve hours in any 24 hour period unless the Department of Mental Health declares an emergency workforce shortage.
NOTICE REGARDING THE RELEASE OF SEXUALLY VIOLENT PREDATORS (Section 632.501)
Under current law, if the Director of the Department of Mental Health determines that the sexually violent predator who has been committed to a facility determines that the person is not likely to engage in predatory acts if released, the director shall authorize the person to petition the court for release and such petition shall be served upon the court, the director, the director of the facility housing the person, and the Attorney General. This amendment provides that the petition shall also be served upon the prosecutor of the jurisdiction into which the committed person is to be released.
ADRIANE CROUSE