Senate File 378 - Introduced



                                       SENATE FILE       
                                       BY  KETTERING


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring certain health care providers and temporary
  2    nurse agencies to have or supply documentation that criminal
  3    record and abuse registry checks have been performed on
  4    individuals who provide nursing services on a temporary basis.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1695SS 82
  7 jp/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  152.13  NURSING SERVICES PROVIDED
  1  2 ON TEMPORARY BASIS.
  1  3    1.  For the purposes of this section:
  1  4    a.  "Health care provider" means a person who is providing
  1  5 health care services in this state which are regulated by the
  1  6 state or is receiving state or federal funding to provide
  1  7 health care services.
  1  8    b.  "Licensed to practice nursing in this state" means a
  1  9 registered nurse or licensed practical nurse who is licensed
  1 10 to practice nursing in this state under this chapter or is
  1 11 licensed in another state and is considered to have obtained a
  1 12 license to practice nursing in this state under section 147.2.
  1 13    c.  "Temporary nurse agency" means a person engaged for
  1 14 hire in the business of providing or procuring temporary
  1 15 employment with a health care provider for registered nurses
  1 16 or licensed practical nurses who are licensed to practice
  1 17 nursing in this state.
  1 18    2.  A health care provider who hires or contracts with an
  1 19 individual licensed to practice nursing in this state to
  1 20 provide nursing services on a temporary basis or who contracts
  1 21 with a temporary nurse agency to provide nursing services on a
  1 22 temporary basis shall have documentation that criminal and
  1 23 dependent adult abuse record checks have been performed on the
  1 24 individuals performing such nursing services.  An individual
  1 25 who holds an Iowa license to practice nursing shall be deemed
  1 26 to have had criminal and dependent adult abuse record checks
  1 27 performed.  If the individual was provided or referred by a
  1 28 temporary nurse agency, the agency shall supply the
  1 29 documentation to the health care provider.
  1 30    3.  a.  A health care provider or temporary nurse agency
  1 31 that is required by this section to have or to supply
  1 32 documentation that criminal and dependent adult abuse record
  1 33 checks have been performed on an individual shall request the
  1 34 performance of the criminal and dependent adult abuse record
  1 35 checks and may request the performance of child abuse record
  2  1 checks.  The health care provider or temporary nurse agency
  2  2 shall inform the individual of such record checks and obtain
  2  3 the individual's signed acknowledgment of the receipt of the
  2  4 information.
  2  5    b.  If an individual has a criminal record or a record of
  2  6 founded child or dependent adult abuse, upon request of the
  2  7 health care provider or the temporary nurse agency, the
  2  8 department of human services shall perform an evaluation to
  2  9 determine whether the record warrants prohibition of the
  2 10 person's provision of nursing services and the individual
  2 11 shall not provide nursing services pending completion of the
  2 12 evaluation.  If the department of human services determines
  2 13 from the evaluation that the individual has committed a crime
  2 14 or has a record of founded child or dependent adult abuse
  2 15 which warrants prohibition from providing nursing services,
  2 16 the person shall not provide nursing services.  The department
  2 17 of human services shall utilize the criteria provided in
  2 18 section 135C.33 in performing the evaluation and shall report
  2 19 the results of the evaluation to the health care provider or
  2 20 temporary nurse agency that requested the evaluation and to
  2 21 the board.  The department of human services has final
  2 22 authority in determining whether prohibition of the person's
  2 23 provision of nursing services is warranted.
  2 24    c.  A health care provider or temporary nurse agency
  2 25 subject to this section may access the single contact
  2 26 repository established pursuant to section 135C.33 as
  2 27 necessary for the provider or agency to initiate record checks
  2 28 of an individual subject to such checks under this section.
  2 29    Sec. 2.  Section 235A.15, subsection 2, paragraph c, Code
  2 30 2007, is amended by adding the following new subparagraph:
  2 31    NEW SUBPARAGRAPH.  (15)  A health care provider or
  2 32 temporary nurse agency required under section 152.13 to have
  2 33 or supply documentation of record checks, if the data relates
  2 34 to a record check performed pursuant to section 152.13.
  2 35    Sec. 3.  Section 235B.6, subsection 2, paragraph e, Code
  3  1 2007, is amended by adding the following new subparagraph:
  3  2    NEW SUBPARAGRAPH.  (14)  A health care provider or
  3  3 temporary nurse agency required under section 152.13 to have
  3  4 or supply documentation of record checks, if the data relates
  3  5 to a record check performed pursuant to section 152.13.
  3  6                           EXPLANATION
  3  7    This bill requires certain health care providers and
  3  8 temporary nurse agencies to have or supply documentation that
  3  9 criminal record and abuse registry checks have been performed
  3 10 on individuals who provide nursing services on a temporary
  3 11 basis.
  3 12    The requirements are outlined in new Code section 152.13 in
  3 13 the nursing Code chapter.  The term "health care provider" is
  3 14 defined to mean a person who is providing health care services
  3 15 in this state which are regulated by the state or who is
  3 16 receiving state or federal funding to provide health care
  3 17 services.  The term "licensed to practice nursing in this
  3 18 state" is defined to mean a registered nurse or licensed
  3 19 practical nurse who is licensed to practice nursing in this
  3 20 state under Code chapter 152 or is licensed in another state
  3 21 and is considered to have obtained a license to practice
  3 22 nursing in this state under Code section 147.2, which provides
  3 23 for reciprocity under certain state compacts.  The term
  3 24 "temporary nurse agency" means a person engaged for hire in
  3 25 the business of providing or procuring temporary employment
  3 26 with a health care provider for registered nurses or licensed
  3 27 practical nurses who are licensed to practice nursing in this
  3 28 state.
  3 29    A health care provider who hires or contracts for an
  3 30 individual to provide nursing services on a temporary basis
  3 31 must have documentation that criminal and dependent adult
  3 32 abuse record checks have been performed on the individual.  If
  3 33 the individual holds an Iowa license to practice nursing, the
  3 34 record checks are deemed to have been performed.  If the
  3 35 individual was provided by a temporary nurse agency, the
  4  1 agency must supply the documentation to the health care
  4  2 provider.
  4  3    A health care provider or temporary nurse agency that is
  4  4 subject to the bill's requirements is required to request the
  4  5 criminal and dependent adult abuse record checks and may
  4  6 request child abuse record checks.  The provider or agency may
  4  7 utilize the automated single contact repository established
  4  8 under Code section 135C.33 to initiate the checks.  If it is
  4  9 determined that the individual has a criminal record or a
  4 10 record of founded abuse, the provider or agency may request
  4 11 the department of human services perform an evaluation to
  4 12 determine whether the record warrants prohibition of the
  4 13 person's provision of nursing services and such provision is
  4 14 prohibited pending that evaluation.
  4 15    The department is required to utilize the criteria provided
  4 16 in Code section 135C.33, which relate to the seriousness and
  4 17 nature of the crime or abuse, degree of rehabilitation, and
  4 18 likelihood it will be repeated.  The department has final
  4 19 authority in determining whether the individual will be
  4 20 prohibited from providing nursing services.  The evaluation is
  4 21 reported to the provider or agency requesting the evaluation
  4 22 and the board of nursing.
  4 23    The health care providers and temporary nurse agencies
  4 24 subject to the requirements are authorized access to child and
  4 25 dependent adult abuse information under Code section 235A.15,
  4 26 relating to the child abuse registry, and Code section 235B.6,
  4 27 relating to the dependent adult abuse registry, for purposes
  4 28 of the record checks.
  4 29 LSB 1695SS 82
  4 30 jp:nh/es/88