Senate
Study
Bill
3111
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
RAGAN)
A
BILL
FOR
An
Act
relating
to
department
of
human
services’
evaluations
1
of
criminal
or
abuse
records
of
employees
of
health
care
2
facilities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5997XC
(3)
84
jp/nh
S.F.
_____
Section
1.
Section
135C.33,
subsection
4,
paragraph
b,
Code
1
2011,
is
amended
to
read
as
follows:
2
b.
A
person
with
a
criminal
or
abuse
record
who
is
or
3
was
employed
by
a
facility
licensed
under
this
chapter
and
4
is
hired
by
another
licensee
without
a
lapse
in
employment
5
shall
be
subject
to
the
criminal
history
and
abuse
record
6
checks
required
pursuant
to
subsection
1
.
If
an
evaluation
7
was
previously
performed
by
the
department
of
human
services
8
concerning
the
person’s
criminal
or
abuse
record
and
it
was
9
determined
that
the
record
did
not
warrant
prohibition
of
10
the
person’s
employment
and
the
latest
record
checks
do
not
11
indicate
a
crime
was
committed
or
founded
abuse
record
was
12
entered
subsequent
to
that
evaluation,
the
person
may
commence
13
employment
with
the
other
licensee
while
in
accordance
with
14
the
department
of
human
services’
evaluation
of
the
latest
15
record
checks
is
pending
and
a
reevaluation
of
the
latest
16
record
checks
is
not
required
.
Otherwise,
the
requirements
of
17
paragraph
“a”
remain
applicable
to
the
person’s
employment.
18
EXPLANATION
19
This
bill
relates
to
department
of
human
services’
20
evaluations
of
criminal
or
abuse
records
of
employees
of
health
21
care
facilities.
22
Code
section
135C.33,
relating
to
child
or
dependent
adult
23
abuse
information
and
criminal
record
checks
of
a
health
care
24
facility
and
other
service
provider
employees,
allows
a
person
25
with
a
criminal
or
abuse
record
employed
by
a
licensed
health
26
care
facility
to
be
hired
by
another
licensee
without
a
lapse
27
in
employment
under
certain
circumstances.
The
provision
28
applies
to
health
care
facilities
(nursing
facilities,
29
residential
care
facilities,
and
intermediate
care
facilities
30
for
persons
with
mental
illness
or
mental
retardation),
31
various
in-home
service
providers,
hospices,
Medicaid
waiver
32
service
providers,
elder
group
homes,
and
assisted
living
33
programs.
New
criminal
history
and
child
and
dependent
abuse
34
record
checks
of
the
person
are
required.
If
the
person
was
35
-1-
LSB
5997XC
(3)
84
jp/nh
1/
2
S.F.
_____
previously
evaluated
by
the
department
and
it
was
determined
1
that
the
record
did
not
warrant
prohibition
of
the
person’s
2
employment
and
the
latest
record
checks
do
not
indicate
a
3
crime
was
committed
or
a
founded
abuse
record
was
entered
4
subsequent
to
that
evaluation,
the
statute
authorizes
the
5
person
to
commence
employment
with
the
other
licensee
while
the
6
department’s
evaluation
of
the
latest
record
check
is
pending.
7
The
bill
maintains
the
requirement
for
new
record
checks,
8
removes
the
restriction
for
hiring
without
a
lapse
in
9
employment,
and
removes
the
requirement
for
the
department
to
10
repeat
the
evaluation
if
it
was
previously
determined
that
the
11
record
did
not
warrant
prohibition
of
the
person’s
employment
12
and
the
latest
record
checks
do
not
indicate
a
crime
was
13
committed
or
a
founded
abuse
record
was
entered
subsequent
to
14
that
evaluation.
15
-2-
LSB
5997XC
(3)
84
jp/nh
2/
2