HF 218 (LSB 1518YH (2) 85)

HOUSE FILE 218

BY  RUNNING-MARQUARDT

A BILL FOR

An Act relating to criminal and abuse registry background checks for health-related employment and the requirements for requesting Iowa criminal history data.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135C.33, subsection 1, paragraph b, Code 2013, is amended to read as follows:
   b.  Prior to employment of a person in a facility, the facility 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 of the person in this state.

Each of the departments shall complete the record check and respond to the facility within ten business days of receiving the request. A facility shall inform all persons prior to employment regarding the performance of the record checks and shall obtain, from the persons, a signed acknowledgment of the receipt of the information. A facility shall include the following inquiry in an application for employment:
  Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime other than a simple misdemeanor offense relating to motor vehicles and laws of the road under chapter 321 or equivalent provisions, in this state or any other state?
    Sec. 2.  Section 692.2, subsection 1, paragraph b, subparagraph (2), Code 2013, is amended to read as follows:
   (2)  The request must identify a specific person by name, social security number, and date of birth. Fingerprints of the person named may be required.
    Sec. 3.  STUDY OF BACKGROUND CHECK IMPROVEMENTS.  The department of inspections and appeals, in conjunction with the departments of human services, public health, and public safety, shall study the potential for applying new technologies and other improvements that may be implemented for expediting the current processes of performing and evaluating child and dependent adult abuse and criminal record checks of persons providing health care services. The study shall identify options which would allow employers to conduct the checks in real time. In addition, the study shall identify processes which would allow the record check results and any evaluations of results to be more portable for the persons who are subject to the record checks. The department shall submit a report with findings and recommendations to the governor and general assembly on or before December 15, 2013.
EXPLANATION
   This bill relates to criminal and abuse registry checks for health-related employment and requests for criminal history data.
   Code section 135C.33, relating to criminal and child or dependent adult abuse record checks of employees of health care facilities and certified nurse aide student trainees, is amended. The record check requirement applies to prospective employees of nursing facilities, residential care facilities, and intermediate care facilities for persons with mental illness or a developmental disability, various in-home service providers, hospices, Medicaid waiver service providers, elder group homes, and assisted living programs. The requirement also applies to nurse aide students pursuant to Code section 152.4(3)(d). Upon the request of an employer, the department of public safety performs the criminal record checks and the department of human services performs the abuse registry checks. The records checked are in this state. The bill requires both departments to complete the record checks and respond to the requester within 10 business days of receiving the request.
   Under Code section 692.2, any person or public or private agency may request information from the criminal history data maintained by the department of public safety, subject to various restrictions. One of the restrictions in current law requires identification of a specific person by name and date of birth. The form utilized by the department for such requests recommends inclusion of a social security number. The bill requires inclusion of the social security number. 
   The department of inspections and appeals, in conjunction with the departments of human services, public health, and public safety, is required to study the potential for applying new technologies and other improvements that may be implemented for expediting the current processes of performing and evaluating child and dependent adult abuse and criminal record checks of persons providing health care services and for making other improvements in the processes. The department is required to report with findings and recommendations to the governor and general assembly on or before December 15, 2013.