§323F-5.5  Criminal history record checks.  (a)  The corporation may request a criminal history record check of persons who are employed or seeking employment, or are current or prospective contractors, providers, or volunteers in any of the corporation's health facilities, in accordance with section 846–2.7.

     (b)  For the purpose of this section, the criminal history record check shall be performed by the Hawaii criminal justice data center.  The Hawaii criminal justice data center may assess providers and contractors a reasonable fee for criminal history record checks performed.  Providers and contractors shall be responsible for payment to the Hawaii criminal justice data center of the fee for the criminal history record checks.

     (c)  Any person who is a current or prospective member of the corporation board or regional system board; employed or who seeks employment with the corporation; or is a current or prospective contractor, provider, or volunteer in any of the corporation's health facilities may be required to provide to the corporation:

     (1)  Personal identifying information including name, social security number, and date of birth;

     (2)  Written consent for the corporation to obtain criminal history record check information for verification; and

     (3)  Written consent to be fingerprinted for the purpose of a criminal history record check.

     Information obtained pursuant to subsection (a) and this subsection shall be used by the corporation exclusively for the purposes of this section.

     (d)  Any inquiry into or consideration of the criminal history record of an employee or prospective employee of the corporation shall be limited to that which is required under federal law.

     (e)  A current or prospective contractor, provider, or volunteer or a current or prospective member of the corporation board or regional system board who has been convicted of a criminal offense for which incarceration is a sentencing option, may be terminated, released, or not used.  This action shall be based on the corporation's analysis of whether the nature and circumstances of the crime may pose a risk to the health, safety, or well-being of patients, residents, and organizations in its health facilities.

     (f)  For the purposes of this section:

     "Contractor" means any individual who enters into a contract or agreement to provide services to the patients or residents in any of the corporation's health facilities.

     "Criminal history record check" means an examination of an individual's criminal history records by means including fingerprint analysis and name inquiry into state and national criminal history record files.

     "Provider" means any individual who currently provides or intends to enter into a contract or agreement to provide services to the patients or residents in any of the corporation's health facilities, or is a student in any program at any of the corporation's health facilities. [L 2009, c 182, §6; am L 2023, c 88, §2]