SB26

Existing federal law authorizes a state to establish by statute or regulation procedures that require designated qualified entities, which are businesses or organizations that provide care or care placement services to children, elderly persons or persons with disabilities, to contact an authorized state agency to request a nationwide background check to determine whether certain persons have been convicted of a crime that bears upon the fitness of the person to have responsibility for the safety and well-being of children, elderly persons or persons with disabilities. (34 U.S.C. §§ 40102(a)(1), 40104(5), 40104(9), 40104(10)) Existing federal law requires such procedures to include certain requirements. (34 U.S.C. § 40102(b)) Pursuant to that federal law, existing state law establishes procedures by which a qualified entity may obtain information relating to the records of criminal history of employees, volunteers, persons applying to be an employee or volunteer and covered individuals of the qualified entity who have access to children, elderly persons or persons with disabilities. (NRS 179A.325) This bill revises those procedures to allow a qualified entity to obtain such information concerning independent contractors and vendors of the qualified entity. Existing federal law defines the term “covered individual” to include, among other persons, a person who is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity. (3