Text: SF00246 Text: SF00248 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135C.33, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1. On or after July 1,19941997, with regard to new 1 4 applicants for licensure or employment, if a person is being 1 5 considered for licensure under this chapter, or for employment 1 6 involving direct responsibility for a resident or with access 1 7 to a resident when the resident is alone, or if the person 1 8 considered for licensure or employment under this chapter will 1 9 reside in a facility, thefacility may request that the1 10 department of human services shall conduct criminal and child 1 11 and dependent adult abuse record checks in this stateand. In 1 12 addition, the department of human services may perform the 1 13 records checks in other states,on a random basis. Beginning 1 14 July 1,19941997, a facility shall inform all new applicants 1 15 for employmentof the possibility ofregarding the performance 1 16 of a record check and shall obtain, from the applicant, a 1 17 signed acknowledgment of the receipt of the information. 1 18 Additionally, on or after July 1, 1994, a facility shall 1 19 include the following inquiry in an application for 1 20 employment: "Do you have a record of founded child or 1 21 dependent adult abuse or have you ever been convicted of a 1 22 crime, in this state or any other state?" If the person has 1 23 been convicted of a crime under a law of any state or has a 1 24 record of founded child or dependent adult abuse, the 1 25 department of human services shall perform an evaluation to 1 26 determine whether the crime or founded child or dependent 1 27 adult abuse warrants prohibition of licensure, employment, or 1 28 residence in the facility. The evaluation shall be performed 1 29 in accordance with procedures adopted for this purpose by the 1 30 department of human services. 1 31 EXPLANATION 1 32 This bill relates to health care facilities by requiring 1 33 criminal and child and dependent adult abuse records checks of 1 34 prospective licensees and employees. Under current law, the 1 35 checks are done pursuant to a request by the health care 2 1 facility to the department of human services and are done on a 2 2 random basis. 2 3 The bill amends Code section 135C.33 to apply the records 2 4 checks requirement to residential care facilities, nursing 2 5 facilities, intermediate care facilities for persons with 2 6 mental retardation, and intermediate care facilities for 2 7 persons with mental illness licensed under chapter 135C. 2 8 Current law is unchanged which after a records check is 2 9 done, prohibits the licensure, employment by, or residence in 2 10 a health care facility of a person who has committed a crime 2 11 or has a record of founded child or dependent adult abuse if 2 12 the prohibition is found to be warranted by a department of 2 13 human services evaluation. 2 14 LSB 1771SS 77 2 15 jp/sc/14
Text: SF00246 Text: SF00248 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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