Text: HF00285 Text: HF00287 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 135C.33, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7. Prior to and during the performance of
1 4 a criminal and dependent adult abuse, and child abuse, record
1 5 check by the departments of public safety and human services,
1 6 respectively, and after having obtained from a prospective
1 7 employee a signed acknowledgment of receipt of information
1 8 regarding the performance of the background checks, a facility
1 9 may hire a prospective employee on a conditional basis. An
1 10 offer of conditional employment shall be extended only after
1 11 the prospective employee has been informed by a facility, and
1 12 acknowledged in writing, that the nature of the employment
1 13 shall be temporary pending the outcome of the background
1 14 checks, and evaluation pursuant to subsection 3 if applicable.
1 15 A facility employing a person on a conditional basis shall
1 16 provide direct supervision of the conditional employee by a
1 17 full-time staff member at all times during which the
1 18 conditional employee comes into contact with a resident of the
1 19 facility. If the department of human services determines that
1 20 prohibition of employment is warranted, pursuant to subsection
1 21 4, conditional employment shall immediately be terminated and
1 22 the person shall no longer be employed by the facility.
1 23 EXPLANATION
1 24 This bill provides that a health care facility may employ a
1 25 person on a conditional basis pending the outcome of
1 26 background checks and subsequent evaluation regarding whether
1 27 prohibition of employment is warranted. Code section 135C.33
1 28 currently provides for a background investigation by the
1 29 department of public safety regarding a criminal and dependent
1 30 adult abuse record, and a child abuse record, check by the
1 31 department of human services, prior to employment of a person
1 32 by a health care facility. If the record checks reveal a
1 33 conviction for a crime, or record of founded dependent adult
1 34 or child abuse, the department of human services evaluates
1 35 whether prohibition of employment is warranted. The bill
2 1 would permit a facility to employ a person who signs a written
2 2 acknowledgment of receipt of information regarding the
2 3 performance of the background checks, and that employment
2 4 would be on a conditional basis pending the outcome of the
2 5 checks, to be conditionally employed in advance of, and
2 6 during, the checks and evaluation.
2 7 The bill provides that a facility employing a person on a
2 8 conditional basis must provide direct supervision of the
2 9 conditional employee by a full-time staff member at all times
2 10 during which the conditional employee comes into contact with
2 11 a resident of the facility. The bill additionally provides
2 12 that if the department of human services determines that
2 13 prohibition of employment is warranted, the conditional
2 14 employment would immediately terminate.
2 15 LSB 2127YH 78
2 16 rn/cf/24
Text: HF00285 Text: HF00287 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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