SSB 3052 (LSB 5399DP (4) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF INSPECTIONS AND APPEALS BILL)

A BILL FOR

An Act requiring criminal history and abuse registry checks for certified nurse aide training program students and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135C.33, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  a.  For the purposes of this subsection, unless the context otherwise requires:
   (1)  “Certified nurse aide training program” means a program approved in accordance with the rules for such programs adopted by the department of human services for the training of persons seeking to be a certified nurse aide for employment in any of the facilities or programs this section applies to or in a hospital, as defined in Code section 135B.1.
   (2)  “Student” means a person applying for, enrolled in, or returning to a certified nurse aide training program.
   b.  A certified nurse aide training program shall request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks, in this state, of the program’s students. The program may access the single contact repository established pursuant to this section as necessary for the program to initiate the record checks.
   c.  If a student has a criminal record or a record of founded child or dependent adult abuse, the student shall not be involved in a clinical education component of the certified nurse aide training program involving children or dependent adults unless an evaluation has been performed by the department of human services. Upon request of the certified nurse aide training program, the department of human services shall perform an evaluation to determine whether the record warrants prohibition of the student’s involvement in a clinical education component of the certified nurse aide training program involving children or dependent adults. The evaluation shall be performed in accordance with the criteria specified in subsection 3 and the department of human services shall report the results of the evaluation to the certified nurse aide training program. The department of human services has final authority in determining whether prohibition of the student’s involvement in the clinical education component is warranted.
   d.  (1)  If a student is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the record checks and any evaluation have been performed, the student shall inform the certified nurse aide training program of such information within forty-eight hours of the criminal conviction or entry of the record of founded child or dependent adult abuse. The program shall act to verify the information within forty-eight hours of notification. If the information is verified, the requirements of paragraph “c” shall be applied by the program to determine whether or not the student’s involvement in a clinical education component may continue. The program may allow the student involvement to continue pending the performance of an evaluation by the department of human services. A student who is required by this subparagraph to inform the program of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor.
   (2)  If a program receives credible information, as determined by the program, that a student has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after the record checks and any evaluation have been performed, from a person other than the student and the student has not informed the program of such information within the period required under subparagraph (1), the program shall act to verify the credible information within forty-eight hours of receipt of the credible information. If the information is verified, the requirements of paragraph “c” shall be applied to determine whether or not the student’s involvement in a clinical education component may continue. 
   (3)  The program may notify the county attorney for the county where the program is located of any violation or failure by a student to notify the program of a criminal conviction or entry of an abuse record within the period required under subparagraph (1).
EXPLANATION
   This bill requires criminal history and abuse registry checks for certified nurse aide training program students. The bill establishes the requirement in Code section 135C.33, relating to such record checks for prospective employees of nursing facilities, various types of in-home services, hospices, elder group homes, and assisted living programs.
   The terms “certified nurse aide training program” and “student” are defined. Certified nurse aide training programs are authorized to access the single contact repository established by the department of inspections and appeals for performing the criminal history and abuse registry checks.
   If a nurse aide student has a criminal record or a record of founded child or dependent adult abuse, the student cannot be involved in a clinical education component of a certified nurse aide training program involving children or dependent adults unless an evaluation has been performed by the department of human services to determine whether the record warrants prohibition of the student’s involvement in the component. The department of human services is required to perform the evaluation if requested to do so by the training program. The evaluation is to be performed in accordance with the existing criteria for employment-related evaluations. The department of human services has final authority to make the determination.
   The bill includes an ongoing notification requirement that is similar to the employment-related requirement in Code section 135C.33. If, after the record checks and any evaluation have been performed, a student is convicted of a crime or has a record of founded abuse entered, the student is required to notify the program of that information within 48 hours. Failure to comply is a criminal offense punishable as a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   If the program receives credible information that such conviction or record has been entered and the student had not provided the required notification, the program is required to act to verify the information within 48 hours of receiving it. The evaluation provisions apply if the offense was committed or record entered. A program may notify the county attorney regarding a student’s failure to comply with the notification requirement.