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