HSB 152 (LSB 1738YC (2) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MILLER)

A BILL FOR

An Act relating to record checks of prospective and current health care employees and certain students.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135C.33, subsection 2, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0b.
  (1)  If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child or dependent abuse and the licensee has requested an evaluation in accordance with paragraph “a” to determine whether the crime warrants prohibition of the person’s employment, the licensee may employ the person for not more than sixty calendar days pending completion of the evaluation.
   (2)  Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47 or chapter 321, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.
    Sec. 2.  Section 135C.33, subsection 8, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0d.
  (1)  If a student’s clinical education component of the training program involves children or dependent adults but does not involve operation of a motor vehicle, and the student has been convicted of a crime listed in subparagraph (2), but does not have a record of founded child or dependent adult abuse, and the training program has requested an evaluation in accordance with paragraph “c” to determine whether the crime warrants prohibition of the student’s involvement in such clinical education component, the training program may allow the student’s participation in the component for not more than sixty days pending completion of the evaluation.
   (2)  Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47 or chapter 321, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1. 
    Sec. 3.  STUDY OF BACKGROUND CHECK IMPROVEMENTS AND REQUIREMENTS FOR CERTAIN PROVIDERS OF HOME HEALTH SERVICES.  The department of inspections and appeals, in conjunction with the departments of human services and public health, shall study the potential for applying new technologies and other improvements that may be implemented for the current processes of performing and evaluating child and dependent adult abuse and criminal record checks of persons providing health care services. In addition, the study shall consider applying record check requirements to individuals and agencies providing home health services that are not subject to certification, licensing, or other regulation by state government. 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 evaluation of the results of certain criminal record checks of prospective health care employees by the department of human services (DHS).
   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).
   Current law provides that if it is determined that a person being considered for employment has been convicted of a crime under a law of any state, the department of public safety shall notify the licensee that upon the request of the licensee DHS will perform an evaluation to determine whether the crime warrants prohibition of the person’s employment in the facility. 
   The bill allows for conditional employment of not more than 60 calendar days of the prospective employee who was convicted of a crime specified by the bill pending completion of the DHS evaluation. The bill does not apply to employment involving the operation of a motor vehicle or to persons with a record of founded child or dependent adult abuse. The crimes covered by the bill are limited to simple misdemeanor offenses under Code section 123.47, involving purchase or possession of an alcoholic beverage by a person who is not legal age, and Code chapter 321, relating to motor vehicles and laws of the road, and first offenses of operating a motor vehicle while intoxicated under Code section 321J.2, subsection 1 (a serious misdemeanor).
   A similar new conditional employment exception is applied by the bill to students applying for, enrolled in, or returning to a certified nurse aide training program.
   The department of inspections and appeals, in conjunction with DHS and the department of public health, is required to study the potential for applying new technologies and other improvements that may be implemented for the current processes of performing and evaluating child and dependent adult abuse and criminal record checks of persons providing health care services. In addition, the study is required to consider applying record check requirements to individuals and agencies providing home health services that are not subject to certification, licensing, or other regulation by state government. The department is required to report with findings and recommendations to the governor and general assembly on or before December 15, 2013.