House File 2164
HOUSE FILE
BY MASCHER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to professional licensing boards, authorizing
2 specified licensing boards to obtain criminal history data
3 relating to applicants for licensure and licensees, and
4 authorizing the collection of fees for related costs.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6189HH 80
7 rn/gg/14
PAG LIN
1 1 Section 1. Section 272C.3, subsection 1, Code Supplement
1 2 2003, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. l. Request and obtain, notwithstanding
1 4 section 692.2, subsection 5, a criminal history record check
1 5 on any applicant for an initial license, any applicant for
1 6 reinstatement of a license, or any licensee who is being
1 7 monitored as a result of a board order or agreement with a
1 8 board's licensee review committee established under paragraph
1 9 "k", for the purpose of evaluating the applicant's or
1 10 licensee's eligibility for licensure or suitability for
1 11 continued practice of the profession. The board shall inform
1 12 the applicant or licensee of the criminal history requirement
1 13 and obtain a signed waiver from the applicant or licensee
1 14 prior to submitting a criminal history request. Requests for
1 15 a criminal history shall be submitted to the department of
1 16 public safety, division of criminal investigation and bureau
1 17 of identification, pursuant to section 692.2, subsection 1.
1 18 The board may also require such applicants and licensees to
1 19 provide a full set of fingerprints, in a form and manner
1 20 prescribed by the board. Such fingerprints may be submitted
1 21 to the federal bureau of investigation through the state
1 22 central criminal history repository for the purpose of
1 23 obtaining national criminal history record information. The
1 24 board may, in addition to any other fees, charge and collect
1 25 such amounts as may be incurred by the board, by the
1 26 department of public safety, or by the federal bureau of
1 27 investigation in obtaining criminal history information.
1 28 Amounts collected shall be considered repayment receipts as
1 29 defined in section 8.2, subsection 8. Criminal history
1 30 information relating to an applicant or licensee obtained by
1 31 the board pursuant to this paragraph is confidential. Such
1 32 information may, however, be used by the board in a license
1 33 denial proceeding. In a disciplinary proceeding, such
1 34 information shall constitute investigative information under
1 35 section 272C.6, subsection 4, and may be used for purposes
2 1 consistent with that section. This lettered paragraph shall
2 2 only apply to the boards of dental examiners, medical
2 3 examiners, pharmacy examiners, and nursing.
2 4 EXPLANATION
2 5 This bill provides that the boards of dental examiners,
2 6 medical examiners, pharmacy examiners, and nursing, regulated
2 7 pursuant to Code chapter 272C, may obtain criminal history
2 8 information relating to individuals applying for licensure and
2 9 existing licensees.
2 10 The bill authorizes a board to request and obtain a
2 11 criminal history record check on an applicant for an initial
2 12 license, an applicant for reinstatement of a license, or any
2 13 licensee who is being monitored as a result of a board order
2 14 or agreement with a board's licensee review committee, in the
2 15 process of evaluating the applicant's or licensee's
2 16 eligibility for licensure or suitability for continued
2 17 practice of the particular profession. The bill provides that
2 18 an applicant or licensee shall be informed of the criminal
2 19 history requirement and shall sign a waiver prior to
2 20 submission of a request for such data by the board. The bill
2 21 provides that requests for a criminal history shall be
2 22 submitted to the department of public safety, division of
2 23 criminal investigation and bureau of identification, pursuant
2 24 to the provisions of Code section 692.2, subsection 1. The
2 25 board may also require applicants and licensees to provide
2 26 fingerprints, which may be submitted to the federal bureau of
2 27 investigation through the state central criminal history
2 28 repository to obtain national criminal history record
2 29 information.
2 30 The bill additionally provides that the board may collect
2 31 amounts that are incurred in obtaining criminal history
2 32 information, with the amounts collected considered repayment
2 33 receipts as defined in Code section 8.2, subsection 8. The
2 34 bill further provides that such information is confidential
2 35 and may be used in a license denial proceeding or as
3 1 investigative information in a disciplinary proceeding.
3 2 LSB 6189HH 80
3 3 rn/gg/14