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House Journal: Page 1105: Wednesday, April 9, 1997

40     2.  If the department of human services public
41   safety determines that a person has committed a crime
42   or has a record of founded child or dependent adult
43   abuse and is licensed, to be employed by in
a facility
44   licensed under this chapter, or resides in a licensed
45   facility, the department of public safety shall
notify
46   the licensee that an evaluation will be conducted by
47   the department of human services to determine whether
48   prohibition of the person's licensure, employment,
or
49   residence is warranted.  If a department of human
50   services child abuse record check determines the

Page 2  

 1   person has a record of founded child abuse, the
 2   department shall inform the licensee that an
 3   evaluation will be conducted to determine whether
 4   prohibition of the person's employment is warranted.
 5     3.  In an evaluation, the department of human
 6   services shall consider the nature and seriousness of
 7   the crime or founded child or dependent adult abuse in
 8   relation to the position sought or held, the time
 9   elapsed since the commission of the crime or founded
10   child or dependent adult abuse, the circumstances
11   under which the crime or founded child or dependent
12   adult abuse was committed, the degree of
13   rehabilitation, the likelihood that the person will
14   commit the crime or founded child or dependent adult
15   abuse again, and the number of crimes or founded child
16   or dependent adult abuses committed by the person
17   involved.  The department of human services has final
18   authority in determining whether prohibition of the
19   person's licensure, employment, or residence is
20   warranted.
21     4.  If the department of human services determines
22   that the person has committed a crime or has a record
23   of founded child or dependent adult abuse which
24   warrants prohibition of licensure, employment, or
25   residence, the person shall not be licensed under
this
26   chapter and shall not be employed by in a
facility or
27   reside in a facility licensed under this chapter.
28     Sec. ___.  Section 235B.6, subsection 2, paragraph
29   e, Code 1997, is amended by adding the following new
30   subparagraph:
31     NEW SUBPARAGRAPH.  (7)  The department of public
32   safety for purposes of performing records checks
33   required under section 135C.33.
34     Sec. ___.  HOME HEALTH SERVICES - REGULATORY
35   REQUIREMENTS.  The departments of public health and
36   inspections and appeals shall review federal and state
37   requirements applicable to providers of homemaker,
38   home-health aide, home-care aide, hospice, and other
39   in-home services to persons with health problems.  The

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