House File 2338 - Introduced HOUSE FILE 2338 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HSB 514) (COMPANION TO SF 2149) A BILL FOR An Act relating to criminal history and abuse registry 1 checks for employees of health care facilities and other 2 health-related providers and requiring such checks for 3 certified nurse aide training program students and providing 4 a penalty. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5399HV (2) 83 jp/nh

H.F. 2338 Section 1. Section 135C.33, subsection 1, Code Supplement 1 2009, is amended to read as follows: 2 1. a. For the purposes of this section, the term 3 “crime” does not include offenses under chapter 321 classified 4 as a simple misdemeanor or equivalent simple misdemeanor 5 offenses from another jurisdiction. 6 b. Prior to employment of a person in a facility, the 7 facility shall request that the department of public safety 8 perform a criminal history check and the department of human 9 services perform child and dependent adult abuse record checks 10 of the person in this state. A facility shall inform all 11 persons prior to employment regarding the performance of the 12 record checks and shall obtain, from the persons, a signed 13 acknowledgment of the receipt of the information. A facility 14 shall include the following inquiry in an application for 15 employment: 16 “Do you have a record of founded child or dependent adult 17 abuse or have you ever been convicted of a crime other than a 18 simple misdemeanor offense relating to motor vehicles and laws 19 of the road under chapter 321 or equivalent provisions , in this 20 state or any other state?” 21 Sec. 2. Section 135C.33, Code Supplement 2009, is amended by 22 adding the following new subsection: 23 NEW SUBSECTION . 8. a. For the purposes of this subsection, 24 unless the context otherwise requires: 25 (1) “Certified nurse aide training program” means a program 26 approved in accordance with the rules for such programs adopted 27 by the department of human services for the training of persons 28 seeking to be a certified nurse aide for employment in any of 29 the facilities or programs this section applies to or in a 30 hospital, as defined in Code section 135B.1. 31 (2) “Student” means a person applying for, enrolled in, or 32 returning to a certified nurse aide training program. 33 b. Prior to a student beginning or returning to a certified 34 nurse aide training program, the program shall request that 35 -1- LSB 5399HV (2) 83 jp/nh 1/ 5

H.F. 2338 the department of public safety perform a criminal history 1 check and the department of human services perform child and 2 dependent adult abuse record checks, in this state, of the 3 student. The program may access the single contact repository 4 established pursuant to this section as necessary for the 5 program to initiate the record checks. 6 c. If a student has a criminal record or a record of 7 founded child or dependent adult abuse, the student shall 8 not be involved in a clinical education component of the 9 certified nurse aide training program involving children or 10 dependent adults unless an evaluation has been performed by the 11 department of human services. Upon request of the certified 12 nurse aide training program, the department of human services 13 shall perform an evaluation to determine whether the record 14 warrants prohibition of the student’s involvement in a clinical 15 education component of the certified nurse aide training 16 program involving children or dependent adults. The evaluation 17 shall be performed in accordance with the criteria specified in 18 subsection 3 and the department of human services shall report 19 the results of the evaluation to the certified nurse aide 20 training program. The department of human services has final 21 authority in determining whether prohibition of the student’s 22 involvement in the clinical education component is warranted. 23 d. (1) If a student is convicted of a crime or has a 24 record of founded child or dependent adult abuse entered in the 25 abuse registry after the record checks and any evaluation have 26 been performed, the student shall inform the certified nurse 27 aide training program of such information within forty-eight 28 hours of the criminal conviction or entry of the record of 29 founded child or dependent adult abuse. The program shall 30 act to verify the information within forty-eight hours of 31 notification. If the information is verified, the requirements 32 of paragraph “c” shall be applied by the program to determine 33 whether or not the student’s involvement in a clinical 34 education component may continue. The program may allow the 35 -2- LSB 5399HV (2) 83 jp/nh 2/ 5

H.F. 2338 student involvement to continue pending the performance of an 1 evaluation by the department of human services. A student 2 who is required by this subparagraph to inform the program of 3 a conviction or entry of an abuse record and fails to do so 4 within the required period commits a serious misdemeanor. 5 (2) If a program receives credible information, as 6 determined by the program, that a student has been convicted 7 of a crime or a record of founded child or dependent adult 8 abuse has been entered in the abuse registry after the record 9 checks and any evaluation have been performed, from a person 10 other than the student and the student has not informed the 11 program of such information within the period required under 12 subparagraph (1), the program shall act to verify the credible 13 information within forty-eight hours of receipt of the credible 14 information. If the information is verified, the requirements 15 of paragraph “c” shall be applied to determine whether or not 16 the student’s involvement in a clinical education component may 17 continue. 18 (3) The program may notify the county attorney for the 19 county where the program is located of any violation or failure 20 by a student to notify the program of a criminal conviction 21 or entry of an abuse record within the period required under 22 subparagraph (1). 23 e. If a certified nurse aide training program is conducted 24 by a health care facility and a student of that program 25 subsequently accepts and begins employment with the facility 26 within thirty days of completing the program, the criminal 27 history and abuse registry checks of the student performed 28 pursuant to this subsection shall be deemed to fulfill the 29 requirements for such checks prior to employment pursuant to 30 subsection 1. 31 EXPLANATION 32 This bill relates to criminal history and abuse registry 33 checks for employees of health care facilities and other 34 health-related providers and requires criminal history and 35 -3- LSB 5399HV (2) 83 jp/nh 3/ 5

H.F. 2338 abuse registry checks for certified nurse aide training program 1 students. 2 The bill amends Code section 135C.33, relating to such 3 record checks for prospective employees of nursing facilities, 4 various types of in-home services, hospices, elder group 5 homes, and assisted living programs. Under current law, the 6 prospective employees are required to have criminal history and 7 child and dependent abuse registry checks prior to employment. 8 If there is an abuse record or a conviction of any crime, a 9 prospective employee cannot be employed without an evaluation 10 performed by the department of human services to determine 11 whether the crime or abuse record warrants prohibition of 12 the person’s employment. The law requires the employment 13 application to include a specific question regarding abuse 14 record and criminal convictions. The bill provides that for 15 the criminal record check and employment application question, 16 a simple misdemeanor offense under Code chapter 321, relating 17 to motor vehicles and laws of the road, is not considered to be 18 a crime. 19 A new subsection in Code section 135C.33 provides the 20 training program student requirement. The terms “certified 21 nurse aide training program” and “student” are defined. 22 Certified nurse aide training programs are authorized to access 23 the single contact repository established by the department of 24 inspections and appeals for performing the criminal history and 25 abuse registry checks. 26 If a nurse aide student has a criminal record or a record of 27 founded child or dependent adult abuse, the student cannot be 28 involved in a clinical education component of a certified nurse 29 aide training program involving children or dependent adults 30 unless an evaluation has been performed by the department 31 of human services to determine whether the record warrants 32 prohibition of the student’s involvement in the component. 33 The department of human services is required to perform the 34 evaluation if requested to do so by the training program. The 35 -4- LSB 5399HV (2) 83 jp/nh 4/ 5

H.F. 2338 evaluation is to be performed in accordance with the existing 1 criteria for employment-related evaluations. The department of 2 human services has final authority to make the determination. 3 The bill includes an ongoing notification requirement 4 that is similar to the employment-related requirement in 5 Code section 135C.33. If, after the record checks and any 6 evaluation have been performed, a student is convicted of a 7 crime or has a record of founded abuse entered, the student is 8 required to notify the program of that information within 48 9 hours. Failure to comply is a criminal offense punishable as a 10 serious misdemeanor. A serious misdemeanor is punishable by 11 confinement for no more than one year and a fine of at least 12 $315 but not more than $1,875. 13 If the program receives credible information that such 14 conviction or record has been entered and the student had not 15 provided the required notification, the program is required to 16 act to verify the information within 48 hours of receiving it. 17 The evaluation provisions apply if the offense was committed 18 or record entered. A program may notify the county attorney 19 regarding a student’s failure to comply with the notification 20 requirement. 21 Finally, the bill provides that if a health care facility 22 conducts the training program and a student commences 23 employment with the facility within 30 days of completing the 24 program, the record checks of the student performed for the 25 program are deemed to fulfill the requirement for such checks 26 prior to employment. 27 -5- LSB 5399HV (2) 83 jp/nh 5/ 5