S.F. _____ H.F. _____ Section 1. Section 135C.33, Code Supplement 2009, is 1 amended by adding the following new subsection: 2 NEW SUBSECTION . 8. a. For the purposes of this subsection, 3 unless the context otherwise requires: 4 (1) “Certified nurse aide training program” means a program 5 approved in accordance with the rules for such programs adopted 6 by the department of human services for the training of persons 7 seeking to be a certified nurse aide for employment in any of 8 the facilities or programs this section applies to or in a 9 hospital, as defined in Code section 135B.1. 10 (2) “Student” means a person applying for, enrolled in, or 11 returning to a certified nurse aide training program. 12 b. A certified nurse aide training program shall request 13 that the department of public safety perform a criminal history 14 check and the department of human services perform child and 15 dependent adult abuse record checks, in this state, of the 16 program’s students. The program may access the single contact 17 repository established pursuant to this section as necessary 18 for the program to initiate the record checks. 19 c. If a student has a criminal record or a record of 20 founded child or dependent adult abuse, the student shall 21 not be involved in a clinical education component of the 22 certified nurse aide training program involving children or 23 dependent adults unless an evaluation has been performed by the 24 department of human services. Upon request of the certified 25 nurse aide training program, the department of human services 26 shall perform an evaluation to determine whether the record 27 warrants prohibition of the student’s involvement in a clinical 28 education component of the certified nurse aide training 29 program involving children or dependent adults. The evaluation 30 shall be performed in accordance with the criteria specified in 31 subsection 3 and the department of human services shall report 32 the results of the evaluation to the certified nurse aide 33 training program. The department of human services has final 34 authority in determining whether prohibition of the student’s 35 -1- LSB 5399DP (4) 83 jp/nh 1/ 4

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

S.F. _____ H.F. _____ subparagraph (1). 1 EXPLANATION 2 This bill requires criminal history and abuse registry 3 checks for certified nurse aide training program students. 4 The bill establishes the requirement in Code section 135C.33, 5 relating to such record checks for prospective employees 6 of nursing facilities, various types of in-home services, 7 hospices, elder group homes, and assisted living programs. 8 The terms “certified nurse aide training program” and 9 “student” are defined. Certified nurse aide training programs 10 are authorized to access the single contact repository 11 established by the department of inspections and appeals for 12 performing the criminal history and abuse registry checks. 13 If a nurse aide student has a criminal record or a record of 14 founded child or dependent adult abuse, the student cannot be 15 involved in a clinical education component of a certified nurse 16 aide training program involving children or dependent adults 17 unless an evaluation has been performed by the department 18 of human services to determine whether the record warrants 19 prohibition of the student’s involvement in the component. 20 The department of human services is required to perform the 21 evaluation if requested to do so by the training program. The 22 evaluation is to be performed in accordance with the existing 23 criteria for employment-related evaluations. The department of 24 human services has final authority to make the determination. 25 The bill includes an ongoing notification requirement 26 that is similar to the employment-related requirement in 27 Code section 135C.33. If, after the record checks and any 28 evaluation have been performed, a student is convicted of a 29 crime or has a record of founded abuse entered, the student is 30 required to notify the program of that information within 48 31 hours. Failure to comply is a criminal offense punishable as a 32 serious misdemeanor. A serious misdemeanor is punishable by 33 confinement for no more than one year and a fine of at least 34 $315 but not more than $1,875. 35 -3- LSB 5399DP (4) 83 jp/nh 3/ 4

S.F. _____ H.F. _____ If the program receives credible information that such 1 conviction or record has been entered and the student had not 2 provided the required notification, the program is required to 3 act to verify the information within 48 hours of receiving it. 4 The evaluation provisions apply if the offense was committed 5 or record entered. A program may notify the county attorney 6 regarding a student’s failure to comply with the notification 7 requirement. 8 -4- LSB 5399DP (4) 83 jp/nh 4/ 4