MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representatives Creel, Barnett (116th), Espy, Fillingane, Janus, Ketchings, Lott, Moak, Peranich, Roberson, Simpson

AN ACT TO AMEND SECTION 43-20-8, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY PERSON WHO HOLDS A CURRENT, VALID LICENSE AS A REGISTERED NURSE TO BE THE OPERATOR OR THE DIRECTOR OF A CHILD CARE FACILITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-20-8, Mississippi Code of 1972, is amended as follows:

43-20-8. (1) The licensing agency shall have powers and duties as set forth below in addition to other duties prescribed under this chapter:

(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined herein;

(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;

(c) Set and collect fees and penalties as provided for in this chapter; and

(d) Have such other powers as may be required to carry out the provisions of this chapter.

(2) Nothing in this chapter or in any rule, regulation or policy of the licensing agency shall prohibit or preclude any person who holds a current, valid license as a registered nurse from being the operator or the director of a child care facility.

(3) Child care facilities shall assure that parents have welcome access to the child care facility at all times.

(4) Child care facilities shall require that current felony conviction record information is obtained and that current sex offense criminal history record information and child abuse registry checks are obtained, as provided in Section 45-31-1 et seq., and that such criminal record information and registry checks are on file for any employee or applicant for employment at such child care facility. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.

(5) The licensing agency shall require to be performed a felony conviction records check, a sex offense criminal records check and a child abuse registry check for any owner/operator of a child care facility and any person living in a residence used for child care. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.