House
File
576
-
Enrolled
House
File
576
AN
ACT
RELATING
TO
BACKGROUND
INVESTIGATIONS
OF
INDIVIDUALS
EMPLOYED
THROUGH
TEMPORARY
STAFFING
AGENCIES
WITH
CERTAIN
HEALTH
CARE
PROVIDERS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
135C.33,
Code
2017,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5A.
a.
This
section
shall
also
apply
to
an
employee
of
a
temporary
staffing
agency
that
provides
staffing
for
a
facility,
service,
program,
or
other
provider
regulated
by
this
section
if
the
employee
provides
direct
services
to
consumers.
b.
In
substantial
conformance
with
the
provisions
of
this
section,
prior
to
the
employment
of
such
an
employee,
the
temporary
staffing
agency
shall
request
the
performance
of
the
criminal
and
child
and
dependent
adult
abuse
record
checks.
The
temporary
staffing
agency
shall
inform
the
prospective
employee
and
obtain
the
prospective
employee’s
signed
acknowledgment.
The
department
of
human
services
shall
perform
the
evaluation
of
any
criminal
record
or
founded
child
or
dependent
adult
abuse
record
and
shall
make
the
determination
of
whether
a
prospective
employee
of
a
temporary
staffing
agency
shall
not
be
employed
by
the
assisted
living
program
as
defined
in
section
231C.2,
the
Medicare
certified
home
health
agency,
or
the
facility,
service,
program,
or
other
provider
regulated
by
this
section.
House
File
576,
p.
2
c.
If
a
person
employed
by
a
temporary
staffing
agency
that
is
subject
to
this
section
is
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
registry
after
the
person’s
employment
application
date,
the
person
shall
inform
the
temporary
staffing
agency
within
forty-eight
hours
and
the
temporary
staffing
agency
shall
inform
the
facility,
service,
program,
or
other
provider
within
two
hours.
d.
If
a
temporary
staffing
agency
fails
to
comply
with
the
requirements
of
this
section,
the
temporary
staffing
agency
shall
be
liable
to
the
facility,
service,
program,
or
other
provider
for
any
actual
damages,
including
civil
penalties,
and
reasonable
attorney
fees.
e.
This
section
shall
not
apply
to
employees
employed
by
a
temporary
staffing
agency
for
a
position
that
does
not
provide
direct
services
to
consumers.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
JACK
WHITVER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
576,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor