Senate Study Bill 3083
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
PUBLIC HEALTH/BOARD OF
NURSING BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing an approved nursing education program to
2 initiate criminal and child and dependent adult abuse record
3 checks of students and prospective students regarding the
4 students' involvement with the clinical education component of
5 the program.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 152.5, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3. a. For the purposes of this
1 4 subsection:
1 5 (1) "Nursing program" means a nursing program that is
1 6 approved by the board pursuant to subsection 1 or 2.
1 7 (2) "Student" means a person applying for, enrolled in, or
1 8 returning to the clinical education component of a nursing
1 9 program.
1 10 b. A nursing program may access the single contact
1 11 repository established pursuant to section 135C.33 as
1 12 necessary for the nursing program to initiate record checks of
1 13 students.
1 14 c. A nursing program shall request that the department of
1 15 public safety perform a criminal history check and the
1 16 department of human services perform child and dependent adult
1 17 abuse record checks in this state on the nursing program's
1 18 students.
1 19 d. If a student has a criminal record or a record of
1 20 founded child or dependent adult abuse, upon request of the
1 21 nursing program, the department of human services shall
1 22 perform an evaluation to determine whether the record warrants
1 23 prohibition of the person's involvement in a clinical
1 24 education component of a nursing program involving children or
1 25 dependent adults. The department of human services shall
1 26 utilize the criteria provided in section 135C.33 in performing
1 27 the evaluation and shall report the results of the evaluation
1 28 to the nursing program. The department of human services has
1 29 final authority in determining whether prohibition of the
1 30 person's involvement in a clinical education component is
1 31 warranted.
1 32 Sec. 2. Section 235A.15, subsection 2, paragraph c, Code
1 33 Supplement 2005, is amended by adding the following new
1 34 subparagraph:
1 35 NEW SUBPARAGRAPH. (14) A nursing program that is approved
2 1 by the state board of nursing under section 152.5, if the data
2 2 relates to a record check performed pursuant to section 152.5.
2 3 Sec. 3. Section 235B.6, subsection 2, paragraph e, Code
2 4 Supplement 2005, is amended by adding the following new
2 5 subparagraph:
2 6 NEW SUBPARAGRAPH. (12) A nursing program that is approved
2 7 by the state board of nursing under section 152.5, if the
2 8 information relates to a record check performed pursuant to
2 9 section 152.5.
2 10 EXPLANATION
2 11 This bill authorizes an approved nursing education program
2 12 to initiate criminal and child and dependent adult abuse
2 13 record checks of students and prospective students involving
2 14 the clinical education component of the program.
2 15 Code sections 235A.15 and 235B.6, relating to access to the
2 16 registries for child abuse and dependent adult abuse
2 17 maintained by the department of human services, are amended to
2 18 allow the nursing education programs approved by the board of
2 19 nursing to initiate checks in those registries on the students
2 20 applying for, enrolled in, or returning to the clinical
2 21 education component of the nursing programs.
2 22 Code section 152.5, relating to approval of nursing
2 23 education programs by the board of nursing, is amended to
2 24 allow the programs to access the single contact registry to
2 25 request that the department of public safety perform criminal
2 26 record checks and the department of human services perform
2 27 child and dependent adult abuse record checks on such
2 28 students. If a student has a criminal record or a record of
2 29 founded child or dependent adult abuse, the program may
2 30 request that the department of human services perform an
2 31 evaluation to determine whether the record warrants
2 32 prohibition of the person's involvement in a clinical
2 33 education component of a nursing program involving children or
2 34 dependent adults.
2 35 The evaluation is required to utilize the criteria provided
3 1 in Code section 135C.33, and the department is required to
3 2 report the results to the nursing program. That criteria
3 3 considers the nature and seriousness of the crime or founded
3 4 child or dependent adult abuse in relation to the position
3 5 sought or held, the time elapsed since the commission of the
3 6 crime or founded child or dependent adult abuse, the
3 7 circumstances under which the crime or founded child or
3 8 dependent adult abuse was committed, the degree of
3 9 rehabilitation, the likelihood that the person will commit the
3 10 crime or founded child or dependent adult abuse again, and the
3 11 number of crimes or founded child or dependent adult abuses
3 12 committed by the person involved. The department has final
3 13 authority in determining whether prohibition of the person's
3 14 involvement in a clinical education component of a nursing
3 15 program involving children or dependent adults is warranted.
3 16 LSB 5347DP 81
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