65-6205. Background information on certain applicants for employment; request for information by certain entities; exemption from civil liability for certain actions taken in good faith based on such
65-6205
65-6205. Background information on certainapplicants for employment; request for information by certainentities; exemption fromcivil liability for certain actions taken in good faith based on suchinformation.(a) A community service provider as defined in K.S.A.39-1803 and amendments thereto, a mental health center as defined in K.S.A.65-4432 and amendments thereto and an independent living agency as defined inK.S.A. 65-5101 and amendments thereto may request for the purpose of obtainingbackground information on applicants for employment with such entityinformation:
(1) From the department of social and rehabilitation services as to whethersuch applicant has committed an act of physical, mental or emotional abuse orneglect or sexual abuse as validated by the department of social andrehabilitation services pursuant toK.S.A. 2009 Supp.38-2226,and amendments thereto;
(2) from the department of social and rehabilitation services as to whethersuch applicant has been found to have committed an act of abuse, neglect orexploitation of a resident as contained in the register of reports under K.S.A.39-1404 and amendments theretoor an act of abuse, neglect or exploitation of an adult as contained in theregister of reports under K.S.A. 39-1434 and amendments thereto;
(3) from the department of health and environment as to whether suchapplicant has been found to have committed an act of abuse, neglect orexploitation of a resident as contained in the register of reports under K.S.A.39-1411 and amendments thereto;
(4) from the department of health and environment any information concerningthe applicant in the state registry which contains information about unlicensedemployees of adult care homes under K.S.A. 39-936 and amendments thereto.
(b) No community service provider, mental health center or independentliving agency shall be liable for civil damages to any person refusedemployment, discharged from employment or whose terms of employment areaffected because of actions taken by the community service provider, mentalhealth center or independent living agency in good faith based on informationreceived under this section.
History: L. 1997, ch. 161, § 4;L. 2006, ch. 200, § 111; Jan. 1, 2007.