Wenatchee Valley College Allied Health Packet Revised 06.27.2019
which the victim was a vulnerable adult, an identification declaring the showing of no evidence shall be issued within fourteen working
days of the request. Possession of such identification shall satisfy future record check requirements for the applicant for a two-year
period unless the prospective employee is any current school district employee who has applied for a position in another school district.
(2) The state patrol shall by rule establish fees for disseminating records under this section to recipients identified in subsection
(1)(a) and (b) of this section. The state patrol shall also by rule establish fees for disseminating records in the custody of the national
crime information center. The revenue from the fees shall cover, as nearly as practicable, the direct and indirect costs to the state patrol
of disseminating the records; PROVIDED, That no fee shall be charged to a nonprofit organization for the records check: PROVIDED
FURTHER, That in the case of record checks using fingerprints requested by school districts and educational service districts, the state
patrol shall charge only for the incremental costs associated with checking fingerprints in addition to name and date of birth. Record
checks requested by school districts and education service districts using only name and date of birth shall continue to be provided free
of charge.
(3) No employee of the state, employee of a business or organization, or the business or organization is liable for defamation,
invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information under RCW 43.43.830
through 43.43.840 or 43.43.760.
(4) Before July 26, 1987, the state patrol shall adopt rules and forms to implement this section and to provide for security and
privacy of information disseminated under this section, giving first priority to the criminal justice requirements of this chapter. The rules
may include requirements for users, audits of users, and other procedures to prevent use of civil adjudication record information or
criminal history record information inconsistent with this chapter.
(5) Nothing in RCW 43.43.830 through 43.43.840 shall authorize and employer to make an inquiry not specifically authorized by
this chapter, or be construed to affect the policy of the state declared in chapter 9.96A RCW. {1992 c 159 § 7; 1990 c 3 § 1104. Prior:
1989 c 33 § 4; 1989 c 90 § 4; 1987 c 486 § 5.] Findings-1992 c 159: See not following RCW 28A.400.303. Index, part headings
not law-Severability-Effective dates-Application-1990 c 3: See RCW 18.155.902
43.43.839 Fingerprint identification account. The fingerprint identification account is created in the custody of the state treasurer. All
receipts from incremental charges of fingerprint checks requested by school districts shall be deposited in the account. Receipts for
fingerprint checks by the federal bureau of investigation may also be deposited in the account. Expenditures from the account may be
used only for the cost of record checks. Only the chief of the state patrol or the chief’s designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter 43.88 RCW. No appropriation is required for expenditures prior
to July 1, 1995. After June 30, 1995, the account shall be subject to appropriation. [1992 c 159 § 8] Findings-1992 c 159: See note
following RCW 28A.400.303
43.43.840 Notification of physical or sexual abuse or exploitation of child or vulnerable adult-Notification of employment
termination because of crimes against persons. (1) The supreme court shall by rule require the courts of the state to notify the state
patrol of any dependency action under *RCW 13.34.030(2)(b), domestic relations action under Title 26 RCW, or protection action under
chapter 74.34 RCW, in which the court makes specific findings of physical abuse or sexual abuse or exploitation of a child or abuse or
financial exploitation of a vulnerable adult.
(2) The department of licensing shall notify the state patrol of any disciplinary board final decision that includes specific findings
of physical abuse or sexual abuse or exploitation of a child or abuse or financial exploitation of a vulnerable adult.
(3) When a business or an organization terminates, fires, dismisses, fails to renew the contract, or permits the resignation of an
employee because of crimes against children or other persons or because of crimes relating to the financial exploitation of a vulnerable
adult, and if that employee is employed in a position requiring a certificate or license issued by a licensing agency such as the state
board of education, the business or organization shall notify the licensing agency of such termination of employment. [1989 c 334 § 5;
1989 c 90 § 5; 1987 c 486 § 6.] Reviser’s note: (1) This section was amended by 1989 c 90 §5 and by 1989 c 334 § 5, each without
reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1)
(2) Dependency actions are undertaken pursuant to RCW 13.34.040
43.43.842 Vulnerable adults-Additional licensing requirements for agencies providing services. (1) the secretary of social and
health services and the secretary of health shall adopt additional requirements for the licensure or relicensure of agencies or facilities
which provide care and treatment to vulnerable adults. These additional requirements shall ensure that any person associated with a
licensed agency or facility having direct contact with a vulnerable adult shall not have been: (a) Convicted of a crime against persons as
defined in RCW 43.43.830, except as provided in this section; (b) convicted of crimes relating to financial exploitation as defined in RCW
43.43.830, except as provided in this section; © found in any disciplinary board final decision to have abused a vulnerable adult under
RCW 43.43.830; or (d) the subject in a protective proceeding under chapter 74.34 RCW.
(2) The rules adopted under this section shall permit the licensee to consider the criminal history of an applicant for employment in
a licensed facility when the applicant has one or more convictions for a past offense and:
(a) The offense was simple assault, assault in the fourth degree, or the same offense as it may be renamed, and three or more
years have passed between the most recent conviction and the date of application for employment;
(b) The offense was prostitution, or the same offense as it may be renamed, and three or more years have passed between the
most recent conviction and the date of application for employment;
(c) The offense was theft in the third degree, or the same offense as it may be renamed, and three or more years have passed
between the most recent conviction and the date of application for employment;
(d) The offense as it may be renamed, and five or more years have passed between the most recent conviction and the date of
application for employment;
(e) The offense was forgery, or the same offense as it may be renamed, and five or more years have passed between the most
recent conviction and the date of application for employment.
The offenses set forth in (a) through (e) of this subsection do not automatically disqualify and applicant from employment by a
licensee. Nothing in this section may be construed to require the employment of any person against a licensee’s judgment.
In consultation with law enforcement personnel, the secretary of social and health services and the secretary of health shall
investigate the conviction record and the protection proceeding record information under chapter 43.43.RCW of each agency or facility
and its staff under their respective jurisdictions seeking licensure or relicensure. The secretaries shall use the information solely for the