Senate File 378 - Introduced
SENATE FILE
BY KETTERING
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring certain health care providers and temporary
2 nurse agencies to have or supply documentation that criminal
3 record and abuse registry checks have been performed on
4 individuals who provide nursing services on a temporary basis.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1695SS 82
7 jp/es/88
PAG LIN
1 1 Section 1. NEW SECTION. 152.13 NURSING SERVICES PROVIDED
1 2 ON TEMPORARY BASIS.
1 3 1. For the purposes of this section:
1 4 a. "Health care provider" means a person who is providing
1 5 health care services in this state which are regulated by the
1 6 state or is receiving state or federal funding to provide
1 7 health care services.
1 8 b. "Licensed to practice nursing in this state" means a
1 9 registered nurse or licensed practical nurse who is licensed
1 10 to practice nursing in this state under this chapter or is
1 11 licensed in another state and is considered to have obtained a
1 12 license to practice nursing in this state under section 147.2.
1 13 c. "Temporary nurse agency" means a person engaged for
1 14 hire in the business of providing or procuring temporary
1 15 employment with a health care provider for registered nurses
1 16 or licensed practical nurses who are licensed to practice
1 17 nursing in this state.
1 18 2. A health care provider who hires or contracts with an
1 19 individual licensed to practice nursing in this state to
1 20 provide nursing services on a temporary basis or who contracts
1 21 with a temporary nurse agency to provide nursing services on a
1 22 temporary basis shall have documentation that criminal and
1 23 dependent adult abuse record checks have been performed on the
1 24 individuals performing such nursing services. An individual
1 25 who holds an Iowa license to practice nursing shall be deemed
1 26 to have had criminal and dependent adult abuse record checks
1 27 performed. If the individual was provided or referred by a
1 28 temporary nurse agency, the agency shall supply the
1 29 documentation to the health care provider.
1 30 3. a. A health care provider or temporary nurse agency
1 31 that is required by this section to have or to supply
1 32 documentation that criminal and dependent adult abuse record
1 33 checks have been performed on an individual shall request the
1 34 performance of the criminal and dependent adult abuse record
1 35 checks and may request the performance of child abuse record
2 1 checks. The health care provider or temporary nurse agency
2 2 shall inform the individual of such record checks and obtain
2 3 the individual's signed acknowledgment of the receipt of the
2 4 information.
2 5 b. If an individual has a criminal record or a record of
2 6 founded child or dependent adult abuse, upon request of the
2 7 health care provider or the temporary nurse agency, the
2 8 department of human services shall perform an evaluation to
2 9 determine whether the record warrants prohibition of the
2 10 person's provision of nursing services and the individual
2 11 shall not provide nursing services pending completion of the
2 12 evaluation. If the department of human services determines
2 13 from the evaluation that the individual has committed a crime
2 14 or has a record of founded child or dependent adult abuse
2 15 which warrants prohibition from providing nursing services,
2 16 the person shall not provide nursing services. The department
2 17 of human services shall utilize the criteria provided in
2 18 section 135C.33 in performing the evaluation and shall report
2 19 the results of the evaluation to the health care provider or
2 20 temporary nurse agency that requested the evaluation and to
2 21 the board. The department of human services has final
2 22 authority in determining whether prohibition of the person's
2 23 provision of nursing services is warranted.
2 24 c. A health care provider or temporary nurse agency
2 25 subject to this section may access the single contact
2 26 repository established pursuant to section 135C.33 as
2 27 necessary for the provider or agency to initiate record checks
2 28 of an individual subject to such checks under this section.
2 29 Sec. 2. Section 235A.15, subsection 2, paragraph c, Code
2 30 2007, is amended by adding the following new subparagraph:
2 31 NEW SUBPARAGRAPH. (15) A health care provider or
2 32 temporary nurse agency required under section 152.13 to have
2 33 or supply documentation of record checks, if the data relates
2 34 to a record check performed pursuant to section 152.13.
2 35 Sec. 3. Section 235B.6, subsection 2, paragraph e, Code
3 1 2007, is amended by adding the following new subparagraph:
3 2 NEW SUBPARAGRAPH. (14) A health care provider or
3 3 temporary nurse agency required under section 152.13 to have
3 4 or supply documentation of record checks, if the data relates
3 5 to a record check performed pursuant to section 152.13.
3 6 EXPLANATION
3 7 This bill requires certain health care providers and
3 8 temporary nurse agencies to have or supply documentation that
3 9 criminal record and abuse registry checks have been performed
3 10 on individuals who provide nursing services on a temporary
3 11 basis.
3 12 The requirements are outlined in new Code section 152.13 in
3 13 the nursing Code chapter. The term "health care provider" is
3 14 defined to mean a person who is providing health care services
3 15 in this state which are regulated by the state or who is
3 16 receiving state or federal funding to provide health care
3 17 services. The term "licensed to practice nursing in this
3 18 state" is defined to mean a registered nurse or licensed
3 19 practical nurse who is licensed to practice nursing in this
3 20 state under Code chapter 152 or is licensed in another state
3 21 and is considered to have obtained a license to practice
3 22 nursing in this state under Code section 147.2, which provides
3 23 for reciprocity under certain state compacts. The term
3 24 "temporary nurse agency" means a person engaged for hire in
3 25 the business of providing or procuring temporary employment
3 26 with a health care provider for registered nurses or licensed
3 27 practical nurses who are licensed to practice nursing in this
3 28 state.
3 29 A health care provider who hires or contracts for an
3 30 individual to provide nursing services on a temporary basis
3 31 must have documentation that criminal and dependent adult
3 32 abuse record checks have been performed on the individual. If
3 33 the individual holds an Iowa license to practice nursing, the
3 34 record checks are deemed to have been performed. If the
3 35 individual was provided by a temporary nurse agency, the
4 1 agency must supply the documentation to the health care
4 2 provider.
4 3 A health care provider or temporary nurse agency that is
4 4 subject to the bill's requirements is required to request the
4 5 criminal and dependent adult abuse record checks and may
4 6 request child abuse record checks. The provider or agency may
4 7 utilize the automated single contact repository established
4 8 under Code section 135C.33 to initiate the checks. If it is
4 9 determined that the individual has a criminal record or a
4 10 record of founded abuse, the provider or agency may request
4 11 the department of human services perform an evaluation to
4 12 determine whether the record warrants prohibition of the
4 13 person's provision of nursing services and such provision is
4 14 prohibited pending that evaluation.
4 15 The department is required to utilize the criteria provided
4 16 in Code section 135C.33, which relate to the seriousness and
4 17 nature of the crime or abuse, degree of rehabilitation, and
4 18 likelihood it will be repeated. The department has final
4 19 authority in determining whether the individual will be
4 20 prohibited from providing nursing services. The evaluation is
4 21 reported to the provider or agency requesting the evaluation
4 22 and the board of nursing.
4 23 The health care providers and temporary nurse agencies
4 24 subject to the requirements are authorized access to child and
4 25 dependent adult abuse information under Code section 235A.15,
4 26 relating to the child abuse registry, and Code section 235B.6,
4 27 relating to the dependent adult abuse registry, for purposes
4 28 of the record checks.
4 29 LSB 1695SS 82
4 30 jp:nh/es/88