PA: Supreme Court Judges Rule Caregiver Background Checks Illegal

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Specializes in Vents, Telemetry, Home Care, Home infusion.

HARRISBURG - A law prohibiting convicted criminals from working in nursing homes and similar institutions was ruled unconstitutional by the state Supreme Court because it also exempted convicts who were working for at least a year before the statute took effect.

The 6-1 decision issued Dec. 30 said the grandfather clause showed the Older Adults Protective Services Act infringed upon a person's right -- granted by the state Constitution -- to pursue an occupation and did not "bear a real and substantial relationship" to the Legislature's stated aim of protecting the elderly and disabled from being victimized. Read more here.

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http://www.centredaily.com/mld/centredaily/news/local/7643356.htm

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Specializes in ICU, CM, Geriatrics, Management.

The law would also be contradictory to the nurse practice act which specifically includes a term of years provision.

Think there are very few job categories / positions that would bar a person from working in it due to a prior conviction without some limitation on its age.

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Here we go again with the criminal having more rights than the honest citizen. I know I may step on toes here but it doesn't take a whole lot to maintain a non criminal status in this world. No sob stories please. Everyone with a prior conviction has a poor me sob story and the are always the exception.

Yet the majority of us have no convictions and never will. Hmm, how hard is that to undrstand?

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