House File 218 - Introduced HOUSE FILE 218 BY RUNNING-MARQUARDT A BILL FOR An Act relating to criminal and abuse registry background 1 checks for health-related employment and the requirements 2 for requesting Iowa criminal history data. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1518YH (2) 85 jp/nh

H.F. 218 Section 1. Section 135C.33, subsection 1, paragraph b, Code 1 2013, is amended to read as follows: 2 b. Prior to employment of a person in a facility, the 3 facility shall request that the department of public safety 4 perform a criminal history check and the department of human 5 services perform child and dependent adult abuse record checks 6 of the person in this state. Each of the departments shall 7 complete the record check and respond to the facility within 8 ten business days of receiving the request. A facility 9 shall inform all persons prior to employment regarding the 10 performance of the record checks and shall obtain, from 11 the persons, a signed acknowledgment of the receipt of the 12 information. A facility shall include the following inquiry in 13 an application for employment: 14 Do you have a record of founded child or dependent adult abuse 15 or have you ever been convicted of a crime other than a simple 16 misdemeanor offense relating to motor vehicles and laws of the 17 road under chapter 321 or equivalent provisions, in this state 18 or any other state? 19 Sec. 2. Section 692.2, subsection 1, paragraph b, 20 subparagraph (2), Code 2013, is amended to read as follows: 21 (2) The request must identify a specific person by name , 22 social security number, and date of birth. Fingerprints of the 23 person named may be required. 24 Sec. 3. STUDY OF BACKGROUND CHECK IMPROVEMENTS. The 25 department of inspections and appeals, in conjunction with 26 the departments of human services, public health, and public 27 safety, shall study the potential for applying new technologies 28 and other improvements that may be implemented for expediting 29 the current processes of performing and evaluating child and 30 dependent adult abuse and criminal record checks of persons 31 providing health care services. The study shall identify 32 options which would allow employers to conduct the checks in 33 real time. In addition, the study shall identify processes 34 which would allow the record check results and any evaluations 35 -1- LSB 1518YH (2) 85 jp/nh 1/ 3

H.F. 218 of results to be more portable for the persons who are subject 1 to the record checks. The department shall submit a report 2 with findings and recommendations to the governor and general 3 assembly on or before December 15, 2013. 4 EXPLANATION 5 This bill relates to criminal and abuse registry checks for 6 health-related employment and requests for criminal history 7 data. 8 Code section 135C.33, relating to criminal and child or 9 dependent adult abuse record checks of employees of health 10 care facilities and certified nurse aide student trainees, is 11 amended. The record check requirement applies to prospective 12 employees of nursing facilities, residential care facilities, 13 and intermediate care facilities for persons with mental 14 illness or a developmental disability, various in-home service 15 providers, hospices, Medicaid waiver service providers, elder 16 group homes, and assisted living programs. The requirement 17 also applies to nurse aide students pursuant to Code section 18 152.4(3)(d). Upon the request of an employer, the department 19 of public safety performs the criminal record checks and the 20 department of human services performs the abuse registry 21 checks. The records checked are in this state. The bill 22 requires both departments to complete the record checks and 23 respond to the requester within 10 business days of receiving 24 the request. 25 Under Code section 692.2, any person or public or private 26 agency may request information from the criminal history 27 data maintained by the department of public safety, subject 28 to various restrictions. One of the restrictions in current 29 law requires identification of a specific person by name and 30 date of birth. The form utilized by the department for such 31 requests recommends inclusion of a social security number. The 32 bill requires inclusion of the social security number. 33 The department of inspections and appeals, in conjunction 34 with the departments of human services, public health, 35 -2- LSB 1518YH (2) 85 jp/nh 2/ 3

H.F. 218 and public safety, is required to study the potential for 1 applying new technologies and other improvements that may be 2 implemented for expediting the current processes of performing 3 and evaluating child and dependent adult abuse and criminal 4 record checks of persons providing health care services and for 5 making other improvements in the processes. The department is 6 required to report with findings and recommendations to the 7 governor and general assembly on or before December 15, 2013. 8 -3- LSB 1518YH (2) 85 jp/nh 3/ 3