441—119.2 (135C) When record check evaluations are requested.
	 119.2(1) Record check evaluations on prospective employees and students. A requesting entity shall request a record check evaluation prior to employment or enrollment of a person whose background check indicates a criminal or dependent adult abuse or child abuse record. Criminal, child abuse and dependent adult abuse background checks are required on all prospective employees or students, including employees or students who have terminated employment or participation in a training program for any reason or any length of time and wish to return to the same employment or training program, unless an exemption is provided in these rules.
	 119.2(2) Record check evaluations on current employees and students. A requesting entity shall request a record check evaluation on current employees and students when a current employee or student background check indicates a criminal conviction (other than an Iowa Code chapter 321 simple misdemeanor or equivalent simple misdemeanor offense from another jurisdiction) or dependent adult or child abuse record and the requesting entity intends to continue to employ the employee or to continue the student’s enrollment in a training program. The requesting entity shall request a current criminal or dependent adult or child abuse record check when the entity receives credible information as determined by the entity that a current employee or student has a criminal or dependent adult or child abuse record that has not been previously considered by the requesting entity.
	 119.2(3) Transfer of employee between facilities. If a person owns or operates more than one facility, and an employee of one of the facilities is transferred to another facility without a lapse in employment, the facility is not required to request additional criminal or abuse record checks of the employee or obtain a new record check evaluation.
	 119.2(4) Exceptions to record check evaluation requirements for employment or participation in a training program in facilities licensed under Iowa Code chapter 135C. If an evaluation was previously performed by the department and the department determined the person’s criminal and abuse background did not warrant prohibition of employment, the person may commence employment with a different licensed facility covered by Iowa Code section 135C.33 without further action by the department subject to the following conditions:
	  a.   	 The record check performed by the subsequent employer does not indicate that a crime was committed or that a founded abuse record was entered subsequent to the previous evaluation.
	  b.   	 The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed.
	  c.   	 Any restriction placed on the person’s employment in the previous evaluation by the department shall remain applicable in the person’s subsequent employment.
	  d.   	 The person subject to the record checks has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer, or the previous employer provides the previous evaluation from the person’s personnel file pursuant to the person’s authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, a current record check evaluation shall be performed.
	  e.   	 Although an authorized new evaluation is not required, the subsequent employer may choose to request a reevaluation of the person’s criminal and abuse background and may employ the person while the reevaluation is being performed.
	  f.   	 The subsequent employer must maintain the previous evaluation in the employee’s or student’s personnel file for verification of the exception to the requirement for a record check evaluation.
[ARC 0486C, IAB 12/12/12, effective 2/1/13]