Bill Text: IA HSB570 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to background checks for employees of certain facilities, providers, programs, and agencies.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-02-13 - Committee report, recommending amendment and passage. H.J. 277. [HSB570 Detail]
Download: Iowa-2019-HSB570-Introduced.html
House
Study
Bill
570
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
background
checks
for
employees
of
certain
1
facilities,
providers,
programs,
and
agencies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
135B.34,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
a.
Prior
to
employment
of
a
person
in
a
hospital,
the
3
hospital
shall
request
do
one
of
the
following:
4
(1)
Request
that
the
department
of
public
safety
perform
5
a
criminal
history
check
and
the
department
of
human
services
6
perform
child
and
dependent
adult
abuse
record
checks
of
the
7
person
in
this
state.
8
(2)
Access
the
single
contact
repository
to
perform
the
9
required
record
checks.
10
(3)
Utilize
a
third-party
vendor
to
perform
comprehensive
11
record
checks.
12
b.
A
hospital
shall
inform
all
persons
prior
to
employment
13
regarding
the
performance
of
the
record
checks
and
shall
14
obtain,
from
the
persons,
a
signed
acknowledgment
of
the
15
receipt
of
the
information.
A
hospital
shall
include
the
16
following
inquiry
in
an
application
for
employment:
17
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
18
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
19
other
state?
20
Sec.
2.
Section
135B.34,
Code
2020,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
7.
For
the
purposes
of
this
subsection,
23
“comprehensive
record
check”
means
the
same
as
defined
in
24
section
135C.1.
25
Sec.
3.
Section
135C.1,
Code
2020,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
2A.
“Comprehensive
record
check”
includes
a
28
national
criminal
history
check
that
contains
a
state
of
Iowa
29
criminal
history
check
from
the
department
of
public
safety’s
30
data
repository
and
a
child
and
dependent
abuse
record
check
31
obtained
from
the
department
of
human
services
data
repository
32
which
is
conducted
by
a
third-party
vendor.
33
Sec.
4.
Section
135C.33,
Code
2020,
is
amended
to
read
as
34
follows:
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135C.33
Employees
and
certified
nurse
aide
trainees
——
child
1
or
dependent
adult
abuse
information
and
criminal
record
checks
2
check
options
——
evaluations
——
application
to
other
providers
3
——
penalty.
4
1.
a.
For
the
purposes
of
this
section
,
the
term
“crime”
5
does
not
include
offenses
under
chapter
321
classified
as
a
6
simple
misdemeanor
or
equivalent
simple
misdemeanor
offenses
7
from
another
jurisdiction.
8
b.
Prior
to
employment
of
a
person
in
a
facility
or
with
a
9
provider
as
specified
in
subsection
5
,
the
facility
or
provider
10
shall
request
do
one
of
the
following:
11
(1)
Request
that
the
department
of
public
safety
perform
12
a
criminal
history
check
and
the
department
of
human
services
13
perform
child
and
dependent
adult
abuse
record
checks
of
the
14
person
in
this
state.
15
(2)
Access
the
single
contact
repository
to
perform
the
16
required
record
checks.
17
(3)
Utilize
a
third-party
vendor
to
perform
comprehensive
18
record
checks.
19
c.
A
facility
or
provider
shall
inform
all
persons
prior
20
to
employment
regarding
the
performance
of
the
record
checks
21
and
shall
obtain,
from
the
persons,
a
signed
acknowledgment
of
22
the
receipt
of
the
information.
A
facility
or
provider
shall
23
include
the
following
inquiry
in
an
application
for
employment:
24
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
25
or
have
you
ever
been
convicted
of
a
crime
other
than
a
simple
26
misdemeanor
offense
relating
to
motor
vehicles
and
laws
of
the
27
road
under
chapter
321
or
equivalent
provisions,
in
this
state
28
or
any
other
state?
29
2.
a.
If
it
is
determined
that
a
person
being
considered
30
for
employment
in
a
facility
or
with
a
provider
has
been
31
convicted
of
a
crime
under
a
law
of
any
state,
the
department
32
of
public
safety
shall
notify
the
licensee
facility
or
provider
33
that
upon
the
request
of
the
licensee
facility
or
provider
34
the
department
of
human
services
will
perform
an
evaluation
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to
determine
whether
the
crime
warrants
prohibition
of
the
1
person’s
employment
in
the
facility
or
with
the
provider
.
2
b.
(1)
If
a
person
being
considered
for
employment,
other
3
than
employment
involving
the
operation
of
a
motor
vehicle,
has
4
been
convicted
of
a
crime
listed
in
subparagraph
(2)
but
does
5
not
have
a
record
of
founded
child
or
dependent
adult
abuse
and
6
the
licensee
facility
or
provider
has
requested
an
evaluation
7
in
accordance
with
paragraph
“a”
to
determine
whether
the
crime
8
warrants
prohibition
of
the
person’s
employment,
the
licensee
9
facility
or
provider
may
employ
the
person
for
not
more
than
10
sixty
calendar
days
pending
completion
of
the
evaluation.
11
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
12
misdemeanor
offense
under
section
123.47
,
and
to
a
crime
13
that
is
a
first
offense
of
operating
a
motor
vehicle
while
14
intoxicated
under
section
321J.2,
subsection
1
.
15
c.
If
a
department
of
human
services
child
or
dependent
16
adult
abuse
record
check
shows
that
such
person
has
a
record
17
of
founded
child
or
dependent
adult
abuse,
the
department
of
18
human
services
shall
notify
the
licensee
facility
or
provider
19
that
upon
the
request
of
the
licensee
facility
or
provider
the
20
department
of
human
services
will
perform
an
evaluation
to
21
determine
whether
the
founded
child
or
dependent
adult
abuse
22
warrants
prohibition
of
employment
in
the
facility
or
with
the
23
provider
.
24
d.
An
evaluation
performed
under
this
subsection
shall
25
be
performed
in
accordance
with
procedures
adopted
for
this
26
purpose
by
the
department
of
human
services.
27
e.
(1)
If
a
person
owns
or
operates
more
than
one
facility
28
or
a
provider
owns
or
operates
more
than
one
location
,
and
29
an
employee
of
one
of
such
facilities
or
provider
locations
30
is
transferred
to
another
such
facility
or
provider
location
31
without
a
lapse
in
employment,
the
facility
or
provider
is
not
32
required
to
request
additional
criminal
and
child
and
dependent
33
adult
abuse
record
checks
of
that
employee.
34
(2)
If
the
ownership
of
a
facility
or
provider
is
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transferred,
at
the
time
of
transfer
the
record
checks
required
1
by
this
section
shall
be
performed
for
each
employee
for
whom
2
there
is
no
documentation
that
such
record
checks
have
been
3
performed.
The
facility
or
provider
may
continue
to
employ
4
such
employee
pending
the
performance
of
the
record
checks
and
5
any
related
evaluation.
6
3.
In
an
evaluation,
the
department
of
human
services
7
shall
consider
the
nature
and
seriousness
of
the
crime
8
or
founded
child
or
dependent
adult
abuse
in
relation
to
9
the
position
sought
or
held,
the
time
elapsed
since
the
10
commission
of
the
crime
or
founded
child
or
dependent
adult
11
abuse,
the
circumstances
under
which
the
crime
or
founded
12
child
or
dependent
adult
abuse
was
committed,
the
degree
of
13
rehabilitation,
the
likelihood
that
the
person
will
commit
14
the
crime
or
founded
child
or
dependent
adult
abuse
again,
15
and
the
number
of
crimes
or
founded
child
or
dependent
adult
16
abuses
committed
by
the
person
involved.
If
the
department
of
17
human
services
performs
an
evaluation
for
the
purposes
of
this
18
section
,
the
department
of
human
services
has
final
authority
19
in
determining
whether
prohibition
of
the
person’s
employment
20
is
warranted.
21
4.
a.
Except
as
provided
in
paragraph
“b”
and
subsection
2
,
22
a
person
who
has
committed
a
crime
or
has
a
record
of
founded
23
child
or
dependent
adult
abuse
shall
not
be
employed
in
a
24
facility
licensed
under
this
chapter
or
with
a
provider
unless
25
an
evaluation
has
been
performed
by
the
department
of
human
26
services.
27
b.
A
person
with
a
criminal
or
abuse
record
who
is
or
was
28
employed
by
a
facility
licensed
under
this
chapter
or
provider
29
and
is
hired
by
another
licensee
facility
or
provider
shall
30
be
subject
to
the
criminal
history
and
abuse
record
checks
31
required
pursuant
to
subsection
1
.
However,
if
an
evaluation
32
was
previously
performed
by
the
department
of
human
services
33
concerning
the
person’s
criminal
or
abuse
record
and
it
was
34
determined
that
the
record
did
not
warrant
prohibition
of
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the
person’s
employment
and
the
latest
record
checks
do
not
1
indicate
a
crime
was
committed
or
founded
abuse
record
was
2
entered
subsequent
to
that
evaluation,
the
person
may
commence
3
employment
with
the
other
licensee
facility
or
provider
in
4
accordance
with
the
department
of
human
services’
evaluation
5
and
an
exemption
from
the
requirements
in
paragraph
“a”
for
6
reevaluation
of
the
latest
record
checks
is
authorized.
7
Otherwise,
the
requirements
of
paragraph
“a”
remain
applicable
8
to
the
person’s
employment.
Authorization
of
an
exemption
9
under
this
paragraph
“b”
from
requirements
for
reevaluation
of
10
the
latest
record
checks
by
the
department
of
human
services
is
11
subject
to
all
of
the
following
provisions:
12
(1)
The
position
with
the
subsequent
employer
is
13
substantially
the
same
or
has
the
same
job
responsibilities
as
14
the
position
for
which
the
previous
evaluation
was
performed.
15
(2)
Any
restrictions
placed
on
the
person’s
employment
in
16
the
previous
evaluation
by
the
department
of
human
services
17
shall
remain
applicable
in
the
person’s
subsequent
employment.
18
(3)
The
person
subject
to
the
record
checks
has
maintained
a
19
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
20
the
subsequent
employer
or
the
previous
employer
provides
the
21
previous
evaluation
from
the
person’s
personnel
file
pursuant
22
to
the
person’s
authorization.
If
a
physical
copy
of
the
23
previous
evaluation
is
not
provided
to
the
subsequent
employer,
24
the
record
checks
shall
be
reevaluated.
25
(4)
Although
an
exemption
under
this
paragraph
“b”
may
26
be
authorized,
the
subsequent
employer
may
instead
request
a
27
reevaluation
of
the
record
checks
and
may
employ
the
person
28
while
the
reevaluation
is
being
performed.
29
5.
a.
This
section
shall
also
apply
to
prospective
30
employees
of
all
of
the
following,
if
the
provider
is
regulated
31
by
the
state
or
receives
any
state
or
federal
funding:
32
(1)
An
employee
of
a
homemaker-home
health
aide,
home
care
33
aide,
adult
day
services,
or
other
provider
of
in-home
services
34
if
the
employee
provides
direct
services
to
consumers.
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(2)
An
employee
of
a
hospice,
if
the
employee
provides
1
direct
services
to
consumers.
2
(3)
An
employee
who
provides
direct
services
to
consumers
3
under
a
federal
home
and
community-based
services
waiver.
4
(4)
An
employee
of
an
elder
group
home
certified
under
5
chapter
231B
,
if
the
employee
provides
direct
services
to
6
consumers.
7
(5)
An
employee
of
an
assisted
living
program
certified
8
under
chapter
231C
,
if
the
employee
provides
direct
services
9
to
consumers.
10
b.
In
substantial
conformance
with
the
provisions
of
11
this
section
,
prior
to
the
employment
of
such
an
employee,
12
the
provider
shall
request
the
performance
of
the
criminal
13
and
child
and
dependent
adult
abuse
record
checks.
The
14
provider
shall
inform
the
prospective
employee
and
obtain
the
15
prospective
employee’s
signed
acknowledgment.
The
department
16
of
human
services
shall
perform
the
evaluation
of
any
criminal
17
record
or
founded
child
or
dependent
adult
abuse
record
and
18
shall
make
the
determination
of
whether
a
prospective
employee
19
of
a
provider
shall
not
be
employed
by
the
provider.
20
6.
a.
This
section
shall
also
apply
to
an
employee
of
21
a
temporary
staffing
agency
that
provides
staffing
for
a
22
facility,
service,
program,
or
other
provider
regulated
by
this
23
section
if
the
employee
provides
direct
services
to
consumers.
24
b.
In
substantial
conformance
with
the
provisions
of
this
25
section
,
prior
to
the
employment
of
such
an
employee,
the
26
temporary
staffing
agency
shall
request
the
performance
of
the
27
criminal
and
child
and
dependent
adult
abuse
record
checks.
28
The
temporary
staffing
agency
shall
inform
the
prospective
29
employee
and
obtain
the
prospective
employee’s
signed
30
acknowledgment.
The
department
of
human
services
shall
perform
31
the
evaluation
of
any
criminal
record
or
founded
child
or
32
dependent
adult
abuse
record
and
shall
make
the
determination
33
of
whether
a
prospective
employee
of
a
temporary
staffing
34
agency
shall
not
be
employed
by
the
assisted
living
program
as
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defined
in
section
231C.2
,
the
Medicare
certified
home
health
1
agency,
or
the
facility,
service,
program,
or
other
provider
2
regulated
by
this
section
.
3
c.
If
a
person
employed
by
a
temporary
staffing
agency
that
4
is
subject
to
this
section
is
convicted
of
a
crime
or
has
a
5
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
6
abuse
registry
after
the
person’s
employment
application
date,
7
the
person
shall
inform
the
temporary
staffing
agency
within
8
forty-eight
hours
and
the
temporary
staffing
agency
shall
9
inform
the
facility,
service,
program,
or
other
provider
within
10
two
hours.
11
d.
If
a
temporary
staffing
agency
fails
to
comply
with
the
12
requirements
of
this
section
,
the
temporary
staffing
agency
13
shall
be
liable
to
the
facility,
service,
program,
or
other
14
provider
for
any
actual
damages,
including
civil
penalties,
and
15
reasonable
attorney
fees.
16
e.
This
section
shall
not
apply
to
employees
employed
by
a
17
temporary
staffing
agency
for
a
position
that
does
not
provide
18
direct
services
to
consumers.
19
7.
a.
The
department
of
inspections
and
appeals,
in
20
conjunction
with
other
departments
and
agencies
of
state
21
government
involved
with
criminal
history
and
abuse
registry
22
information,
shall
establish
a
single
contact
repository
for
23
facilities
and
other
providers
to
have
electronic
access
to
24
data
to
perform
background
checks
for
purposes
of
employment,
25
as
required
of
the
facilities
and
other
providers
under
this
26
section
.
27
b.
The
department
may
access
the
single
contact
repository
28
for
any
of
the
following
purposes:
29
(1)
To
verify
data
transferred
from
the
department’s
nurse
30
aide
registry
to
the
repository.
31
(2)
To
conduct
record
checks
of
applicants
for
employment
32
with
the
department.
33
8.
a.
If
a
person
employed
by
a
facility,
service,
or
34
program
employer
that
is
subject
to
this
section
is
convicted
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of
a
crime
or
has
a
record
of
founded
child
or
dependent
1
adult
abuse
entered
in
the
abuse
registry
after
the
person’s
2
employment
application
date,
the
person
shall
inform
the
3
employer
of
such
information
within
forty-eight
hours
of
the
4
criminal
conviction
or
entry
of
the
record
of
founded
child
or
5
dependent
adult
abuse.
The
employer
shall
act
to
verify
the
6
information
within
seven
calendar
days
of
notification.
If
the
7
information
is
verified,
the
requirements
of
subsections
2,
3,
8
and
4
regarding
employability
and
evaluations
shall
be
applied
9
by
the
employer
to
determine
whether
or
not
the
person’s
10
employment
is
continued.
The
employer
may
continue
to
employ
11
the
person
pending
the
performance
of
an
evaluation
by
the
12
department
of
human
services
to
determine
whether
prohibition
13
of
the
person’s
employment
is
warranted.
A
person
who
is
14
required
by
this
subsection
to
inform
the
person’s
employer
of
15
a
conviction
or
entry
of
an
abuse
record
and
fails
to
do
so
16
within
the
required
period
commits
a
serious
misdemeanor.
17
b.
If
a
facility,
service,
or
program
employer
receives
18
credible
information,
as
determined
by
the
employer,
that
a
19
person
employed
by
the
employer
has
been
convicted
of
a
crime
20
or
a
record
of
founded
child
or
dependent
adult
abuse
has
been
21
entered
in
the
abuse
registry
after
employment
from
a
person
22
other
than
the
employee
and
the
employee
has
not
informed
23
the
employer
of
such
information
within
the
period
required
24
under
paragraph
“a”
,
the
employer
shall
act
to
verify
the
25
credible
information
within
seven
calendar
days
of
receipt
of
26
the
credible
information.
If
the
information
is
verified,
the
27
requirements
of
subsections
2,
3,
and
4
regarding
employability
28
and
evaluations
shall
be
applied
to
determine
whether
or
not
29
the
person’s
employment
is
continued.
30
c.
The
employer
may
notify
the
county
attorney
for
the
31
county
where
the
employer
is
located
of
any
violation
or
32
failure
by
an
employee
to
notify
the
employer
of
a
criminal
33
conviction
or
entry
of
an
abuse
record
within
the
period
34
required
under
paragraph
“a”
.
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9.
a.
For
the
purposes
of
this
subsection
,
unless
the
1
context
otherwise
requires:
2
(1)
“Certified
nurse
aide
training
program”
means
a
program
3
approved
in
accordance
with
the
rules
for
such
programs
adopted
4
by
the
department
of
human
services
for
the
training
of
persons
5
seeking
to
be
a
certified
nurse
aide
for
employment
in
any
of
6
the
facilities
or
programs
this
section
applies
to
or
in
a
7
hospital,
as
defined
in
section
135B.1
.
8
(2)
“Student”
means
a
person
applying
for,
enrolled
in,
or
9
returning
to
a
certified
nurse
aide
training
program.
10
b.
Prior
to
a
student
beginning
or
returning
to
a
certified
11
nurse
aide
training
program,
the
program
shall
request
do
one
12
of
the
following:
13
(1)
Request
that
the
department
of
public
safety
perform
14
a
criminal
history
check
and
the
department
of
human
services
15
perform
child
and
dependent
adult
abuse
record
checks,
in
this
16
state,
of
the
student.
The
program
may
access
17
(2)
Access
the
single
contact
repository
established
18
pursuant
to
this
section
as
necessary
for
the
program
to
19
initiate
perform
the
required
record
checks.
20
(3)
Utilize
a
third-party
vendor
to
perform
a
comprehensive
21
record
check.
22
c.
If
a
student
has
a
criminal
record
or
a
record
of
23
founded
child
or
dependent
adult
abuse,
the
student
shall
24
not
be
involved
in
a
clinical
education
component
of
the
25
certified
nurse
aide
training
program
involving
children
or
26
dependent
adults
unless
an
evaluation
has
been
performed
by
the
27
department
of
human
services.
Upon
request
of
the
certified
28
nurse
aide
training
program,
the
department
of
human
services
29
shall
perform
an
evaluation
to
determine
whether
the
record
30
warrants
prohibition
of
the
student’s
involvement
in
a
clinical
31
education
component
of
the
certified
nurse
aide
training
32
program
involving
children
or
dependent
adults.
The
evaluation
33
shall
be
performed
in
accordance
with
the
criteria
specified
in
34
subsection
3
,
and
the
department
of
human
services
shall
report
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the
results
of
the
evaluation
to
the
certified
nurse
aide
1
training
program.
The
department
of
human
services
has
final
2
authority
in
determining
whether
prohibition
of
the
student’s
3
involvement
in
the
clinical
education
component
is
warranted.
4
d.
(1)
If
a
student’s
clinical
education
component
of
the
5
training
program
involves
children
or
dependent
adults
but
6
does
not
involve
operation
of
a
motor
vehicle,
and
the
student
7
has
been
convicted
of
a
crime
listed
in
subparagraph
(2),
but
8
does
not
have
a
record
of
founded
child
or
dependent
adult
9
abuse,
and
the
training
program
has
requested
an
evaluation
in
10
accordance
with
paragraph
“c”
to
determine
whether
the
crime
11
warrants
prohibition
of
the
student’s
involvement
in
such
12
clinical
education
component,
the
training
program
may
allow
13
the
student’s
participation
in
the
component
for
not
more
than
14
sixty
days
pending
completion
of
the
evaluation.
15
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
16
misdemeanor
offense
under
section
123.47
,
and
to
a
crime
17
that
is
a
first
offense
of
operating
a
motor
vehicle
while
18
intoxicated
under
section
321J.2,
subsection
1
.
19
e.
(1)
If
a
student
is
convicted
of
a
crime
or
has
a
20
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
21
abuse
registry
after
the
record
checks
and
any
evaluation
have
22
been
performed,
the
student
shall
inform
the
certified
nurse
23
aide
training
program
of
such
information
within
forty-eight
24
hours
of
the
criminal
conviction
or
entry
of
the
record
of
25
founded
child
or
dependent
adult
abuse.
The
program
shall
26
act
to
verify
the
information
within
seven
calendar
days
of
27
notification.
If
the
information
is
verified,
the
requirements
28
of
paragraph
“c”
shall
be
applied
by
the
program
to
determine
29
whether
or
not
the
student’s
involvement
in
a
clinical
30
education
component
may
continue.
The
program
may
allow
the
31
student
involvement
to
continue
pending
the
performance
of
an
32
evaluation
by
the
department
of
human
services.
A
student
33
who
is
required
by
this
subparagraph
to
inform
the
program
of
34
a
conviction
or
entry
of
an
abuse
record
and
fails
to
do
so
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within
the
required
period
commits
a
serious
misdemeanor.
1
(2)
If
a
program
receives
credible
information,
as
2
determined
by
the
program,
that
a
student
has
been
convicted
3
of
a
crime
or
a
record
of
founded
child
or
dependent
adult
4
abuse
has
been
entered
in
the
abuse
registry
after
the
record
5
checks
and
any
evaluation
have
been
performed,
from
a
person
6
other
than
the
student
and
the
student
has
not
informed
the
7
program
of
such
information
within
the
period
required
under
8
subparagraph
(1),
the
program
shall
act
to
verify
the
credible
9
information
within
seven
calendar
days
of
receipt
of
the
10
credible
information.
If
the
information
is
verified,
the
11
requirements
of
paragraph
“c”
shall
be
applied
to
determine
12
whether
or
not
the
student’s
involvement
in
a
clinical
13
education
component
may
continue.
14
(3)
The
program
may
notify
the
county
attorney
for
the
15
county
where
the
program
is
located
of
any
violation
or
failure
16
by
a
student
to
notify
the
program
of
a
criminal
conviction
17
or
entry
of
an
abuse
record
within
the
period
required
under
18
subparagraph
(1).
19
f.
If
a
certified
nurse
aide
training
program
is
conducted
20
by
a
health
care
facility
and
a
student
of
that
program
21
subsequently
accepts
and
begins
employment
with
the
facility
22
within
thirty
days
of
completing
the
program,
the
criminal
23
history
and
abuse
registry
checks
of
the
student
performed
24
pursuant
to
this
subsection
shall
be
deemed
to
fulfill
the
25
requirements
for
such
checks
prior
to
employment
pursuant
to
26
subsection
1
.
27
Sec.
5.
Section
152.5A,
Code
2020,
is
amended
to
read
as
28
follows:
29
152.5A
Student
record
checks.
30
1.
For
the
purposes
of
this
section
:
31
a.
“Nursing
program”
means
a
nursing
program
that
is
32
approved
by
the
board
pursuant
to
section
152.5
.
33
b.
“Student”
means
a
person
applying
for,
enrolled
in,
or
34
returning
to
the
clinical
education
component
of
a
nursing
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program.
1
c.
“Comprehensive
record
check”
means
the
same
as
defined
2
in
section
135C.1.
3
2.
Prior
to
a
student
beginning
or
returning
to
a
nursing
4
program,
the
program
shall
do
one
of
the
following:
5
a.
Request
that
the
department
of
public
safety
perform
a
6
criminal
history
check
and
the
department
of
human
services
7
perform
child
and
dependent
adult
abuse
record
checks
of
the
8
student
in
this
state.
9
b.
Access
the
single
contact
repository
to
perform
the
10
required
record
checks.
11
c.
Utilize
a
third-party
vendor
to
perform
comprehensive
12
record
checks.
13
2.
3.
A
nursing
program
may
access
the
single
contact
14
repository
established
pursuant
to
section
135C.33
as
necessary
15
for
the
nursing
program
to
initiate
record
checks
of
students.
16
3.
A
nursing
program
shall
request
that
the
department
17
of
public
safety
perform
a
criminal
history
check
and
the
18
department
of
human
services
perform
child
and
dependent
adult
19
abuse
record
checks
in
this
state
on
the
nursing
program’s
20
students.
21
4.
If
a
student
has
a
criminal
record
or
a
record
of
founded
22
child
or
dependent
adult
abuse,
upon
request
of
the
nursing
23
program,
the
department
of
human
services
shall
perform
an
24
evaluation
to
determine
whether
the
record
warrants
prohibition
25
of
the
person’s
involvement
in
a
clinical
education
component
26
of
a
nursing
program
involving
children
or
dependent
adults.
27
The
department
of
human
services
shall
utilize
the
criteria
28
provided
in
section
135C.33
in
performing
the
evaluation
and
29
shall
report
the
results
of
the
evaluation
to
the
nursing
30
program.
The
department
of
human
services
has
final
authority
31
in
determining
whether
prohibition
of
the
person’s
involvement
32
in
a
clinical
education
component
is
warranted.
33
Sec.
6.
Section
692.2,
subsection
5,
Code
2020,
is
amended
34
to
read
as
follows:
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5.
A
person
other
than
the
department
of
public
safety
or
a
1
contracted
third-party
vendor
shall
not
disseminate
criminal
2
history
data
maintained
by
the
department
to
persons
who
are
3
not
criminal
or
juvenile
justice
agencies.
4
Sec.
7.
COMPREHENSIVE
RECORD
CHECK
SERVICES
——
THIRD-PARTY
5
VENDOR.
The
department
of
public
safety
shall
publish
a
6
request
for
proposals
through
a
competitive
bidding
process
7
to
identify
at
least
two
third-party
vendors
that
offer
8
comprehensive
record
check
services.
The
department
of
public
9
safety
shall
contract
with
a
third-party
vendor
selected
10
through
the
competitive
bidding
process
to
ensure
secure
and
11
direct
access
to
the
department’s
single
contact
repository
to
12
fulfill
the
comprehensive
record
check
requirements
of
sections
13
135B.34
and
135C.33
and
other
applicable
laws
as
specified
in
14
this
Act.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
background
record
checks
for
employees
19
and
other
individuals
of
certain
facilities,
providers,
20
programs,
and
agencies.
21
The
bill
provides
that
in
addition
to
background
record
22
checks
being
performed
by
the
department
of
public
safety
23
and
the
department
of
human
services,
an
entity
may
meet
the
24
record
check
requirements
by
accessing
the
single
contact
25
repository
or
by
utilizing
a
third-party
vendor
to
perform
the
26
record
checks.
The
bill
makes
conforming
changes
throughout
27
the
Code
to
allow
for
the
optional
means
of
meeting
the
record
28
check
requirements
for
entities
including
hospitals
and
health
29
care
facilities,
providers
of
in-home
services
including
30
homemaker-home
health
aides
and
home
care
aides,
and
other
31
providers
of
in-home
services,
adult
day
services,
hospices,
32
home
and
community-based
services
waiver
providers,
elder
group
33
homes,
assisted
living
programs,
certified
nurse
aide
training
34
programs,
and
nursing
programs.
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The
bill
requires
the
department
of
public
safety
to
1
publish
a
request
for
proposals
through
a
competitive
bidding
2
process
to
identify
at
least
two
third-party
vendors
that
3
offer
comprehensive
record
check
services.
The
department
of
4
public
safety
shall
contract
with
a
third-party
vendor
selected
5
through
the
competitive
bidding
process
to
ensure
secure
and
6
direct
access
to
the
department’s
single
contact
repository
to
7
fulfill
the
comprehensive
record
check
requirements
specified
8
in
the
bill.
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