House File 2588 - Enrolled

PAG LIN



  1  1                                            HOUSE FILE 2588
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE CRIMINAL AND ABUSE REGISTRY CHECKS
  1  5    REQUIRED OF A PERSON EMPLOYED BY A LICENSED HEALTH
  1  6    CARE FACILITY.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 135C.33, subsection 4, Code 2005, is
  1 11 amended to read as follows:
  1 12    4.  a.  A Except as provided in paragraph "b", a person who
  1 13 has committed a crime or has a record of founded child or
  1 14 dependent adult abuse shall not be employed in a facility
  1 15 licensed under this chapter unless an evaluation has been
  1 16 performed by the department of human services.  If the
  1 17 department of human services determines from the evaluation
  1 18 that the person has committed a crime or has a record of
  1 19 founded child or dependent adult abuse which warrants
  1 20 prohibition of employment, the person shall not be employed in
  1 21 a facility licensed under this chapter.
  1 22    b.  A person with a criminal or abuse record who is
  1 23 employed by a facility licensed under this chapter and is
  1 24 hired by another licensee without a lapse in employment shall
  1 25 be subject to the criminal history and abuse record checks
  1 26 required pursuant to subsection 1.  If an evaluation was
  1 27 previously performed by the department of human services
  1 28 concerning the person's criminal or abuse record and it was
  1 29 determined that the record did not warrant prohibition of the
  1 30 person's employment and the latest record checks do not
  1 31 indicate a crime was committed or founded abuse record was
  1 32 entered subsequent to that evaluation, the person may commence
  1 33 employment with the other licensee while the department of
  1 34 human services' evaluation of the latest record checks is
  1 35 pending.  Otherwise, the requirements of paragraph "a" remain
  2  1 applicable to the person's employment.
  2  2
  2  3
  2  4                                                             
  2  5                               CHRISTOPHER C. RANTS
  2  6                               Speaker of the House
  2  7
  2  8
  2  9                                                             
  2 10                               JEFFREY M. LAMBERTI
  2 11                               President of the Senate
  2 12
  2 13    I hereby certify that this bill originated in the House and
  2 14 is known as House File 2588, Eighty=first General Assembly.
  2 15
  2 16
  2 17                                                             
  2 18                               MARGARET THOMSON
  2 19                               Chief Clerk of the House
  2 20 Approved                , 2006
  2 21
  2 22
  2 23                            
  2 24 THOMAS J. VILSACK
  2 25 Governor