Senate
File
347
-
Introduced
SENATE
FILE
347
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
1131)
A
BILL
FOR
An
Act
relating
to
record
checks
of
prospective
and
current
1
health
care
employees
and
certain
students.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
135B.34,
subsection
2,
Code
2013,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0b.
(1)
If
a
person
being
considered
for
3
employment,
other
than
employment
involving
the
operation
4
of
a
motor
vehicle,
has
been
convicted
of
a
crime
listed
in
5
subparagraph
(2)
but
does
not
have
a
record
of
founded
child
or
6
dependent
abuse
and
the
hospital
has
requested
an
evaluation
7
in
accordance
with
paragraph
“a”
to
determine
whether
the
crime
8
warrants
prohibition
of
the
person’s
employment,
the
hospital
9
may
employ
the
person
for
not
more
than
sixty
calendar
days
10
pending
completion
of
the
evaluation.
11
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
12
misdemeanor
offense
under
section
123.47
or
chapter
321,
and
13
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
14
while
intoxicated
under
section
321J.2,
subsection
1.
15
Sec.
2.
Section
135B.34,
subsection
4,
paragraph
b,
Code
16
2013,
is
amended
to
read
as
follows:
17
b.
A
person
with
a
criminal
or
abuse
record
who
is
or
was
18
employed
by
a
hospital
licensed
under
this
chapter
and
is
hired
19
by
another
licensee
without
a
lapse
in
employment
hospital
20
shall
be
subject
to
the
criminal
history
and
abuse
record
21
checks
required
pursuant
to
subsection
1
.
If
However,
if
an
22
evaluation
was
previously
performed
by
the
department
of
human
23
services
concerning
the
person’s
criminal
or
abuse
record
and
24
it
was
determined
that
the
record
did
not
warrant
prohibition
25
of
the
person’s
employment
and
the
latest
record
checks
do
not
26
indicate
a
crime
was
committed
or
founded
abuse
record
was
27
entered
subsequent
to
that
evaluation,
the
person
may
commence
28
employment
with
the
other
licensee
while
hospital
in
accordance
29
with
the
department
of
human
services’
evaluation
of
the
latest
30
record
checks
is
pending
and
an
exemption
from
the
requirements
31
in
paragraph
“a”
for
reevaluation
of
the
latest
record
checks
32
is
authorized
.
Otherwise,
the
requirements
of
paragraph
“a”
33
remain
applicable
to
the
person’s
employment.
Authorization
34
of
an
exemption
under
this
paragraph
“b”
from
requirements
for
35
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reevaluation
of
the
latest
record
checks
by
the
department
of
1
human
services
is
subject
to
all
of
the
following
provisions:
2
(1)
The
position
with
the
subsequent
employer
is
3
substantially
the
same
or
has
the
same
job
responsibilities
as
4
the
position
for
which
the
previous
evaluation
was
performed.
5
(2)
Any
restrictions
placed
on
the
person’s
employment
in
6
the
previous
evaluation
by
the
department
of
human
services
7
shall
remain
applicable
in
the
person’s
subsequent
employment.
8
(3)
The
person
subject
to
the
record
checks
has
maintained
a
9
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
10
the
subsequent
employer
or
the
previous
employer
provides
the
11
previous
evaluation
from
the
person’s
personnel
file
pursuant
12
to
the
person’s
authorization.
If
a
physical
copy
of
the
13
previous
evaluation
is
not
provided
to
the
subsequent
employer,
14
the
record
checks
shall
be
reevaluated.
15
(4)
Although
an
exemption
under
this
lettered
paragraph
“b”
16
may
be
authorized,
the
subsequent
employer
may
instead
request
17
a
reevaluation
of
the
record
checks
and
may
employ
the
person
18
while
the
reevaluation
is
being
performed.
19
Sec.
3.
Section
135C.33,
subsection
2,
Code
2013,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
0b.
(1)
If
a
person
being
considered
for
22
employment,
other
than
employment
involving
the
operation
23
of
a
motor
vehicle,
has
been
convicted
of
a
crime
listed
in
24
subparagraph
(2)
but
does
not
have
a
record
of
founded
child
or
25
dependent
abuse
and
the
licensee
has
requested
an
evaluation
26
in
accordance
with
paragraph
“a”
to
determine
whether
the
crime
27
warrants
prohibition
of
the
person’s
employment,
the
licensee
28
may
employ
the
person
for
not
more
than
sixty
calendar
days
29
pending
completion
of
the
evaluation.
30
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
31
misdemeanor
offense
under
section
123.47
or
chapter
321,
and
32
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
33
while
intoxicated
under
section
321J.2,
subsection
1.
34
Sec.
4.
Section
135C.33,
subsection
8,
Code
2013,
is
amended
35
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347
by
adding
the
following
new
paragraph:
1
NEW
PARAGRAPH
.
0d.
(1)
If
a
student’s
clinical
education
2
component
of
the
training
program
involves
children
or
3
dependent
adults
but
does
not
involve
operation
of
a
motor
4
vehicle,
and
the
student
has
been
convicted
of
a
crime
listed
5
in
subparagraph
(2),
but
does
not
have
a
record
of
founded
6
child
or
dependent
adult
abuse,
and
the
training
program
has
7
requested
an
evaluation
in
accordance
with
paragraph
“c”
8
to
determine
whether
the
crime
warrants
prohibition
of
the
9
student’s
involvement
in
such
clinical
education
component,
the
10
training
program
may
allow
the
student’s
participation
in
the
11
component
for
not
more
than
sixty
days
pending
completion
of
12
the
evaluation.
13
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
14
misdemeanor
offense
under
section
123.47
or
chapter
321,
and
15
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
16
while
intoxicated
under
section
321J.2,
subsection
1.
17
Sec.
5.
STUDY
OF
BACKGROUND
CHECK
IMPROVEMENTS
18
AND
REQUIREMENTS
FOR
CERTAIN
PROVIDERS
OF
HOME
HEALTH
19
SERVICES.
The
department
of
inspections
and
appeals,
in
20
conjunction
with
the
departments
of
administrative
services,
21
human
services,
public
health,
and
public
safety,
shall
22
study
the
potential
for
applying
new
technologies
and
23
other
improvements
that
may
be
implemented
for
the
current
24
processes
of
performing
and
evaluating
child
and
dependent
25
adult
abuse
and
criminal
record
checks
of
persons
providing
26
health
care
services.
In
addition,
the
study
shall
consider
27
applying
record
check
requirements
to
individuals
and
28
agencies
providing
home
health
services
that
are
not
subject
29
to
certification,
licensing,
or
other
regulation
by
state
30
government.
The
department
shall
submit
a
report
with
findings
31
and
recommendations
to
the
governor
and
general
assembly
on
or
32
before
December
15,
2013.
33
EXPLANATION
34
This
bill
relates
to
evaluation
of
the
results
of
certain
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criminal
record
checks
of
prospective
health
care
employees
by
1
the
department
of
human
services
(DHS).
2
Code
sections
135B.34
and
135C.33,
relating
to
criminal
and
3
child
or
dependent
adult
abuse
record
checks
of
employees
of
4
hospitals
(135B.34)
and
health
care
facilities
and
certified
5
nurse
aide
student
trainees
(135C.33),
are
amended.
Code
6
section
135B.34
is
amended
to
conform
with
an
amendment
made
7
to
Code
section
135C.33
in
2012.
Under
the
amendment,
if
a
8
person
with
a
criminal
or
abuse
record
is
or
was
employed
by
a
9
hospital
and
is
hired
by
another
hospital,
the
person
remains
10
subject
to
another
record
check.
However,
if
DHS
previously
11
evaluated
the
record
and
determined
the
record
did
not
warrant
12
prohibition
of
the
person’s
employment,
a
reevaluation
of
the
13
record
is
not
required
if
the
conditions
specified
in
the
bill
14
are
met.
The
conditions
include
that
the
new
position
is
15
substantially
the
same
as
the
previous
position,
that
any
DHS
16
restrictions
from
the
previous
evaluation
remain
applicable,
17
and
the
employee
either
provides
a
physical
copy
of
the
18
evaluation
or
the
previous
hospital
provides
it.
Although
19
the
exemption
conditions
are
met,
the
new
hospital
may
still
20
request
a
reevaluation
of
the
record
and
employ
the
person
21
while
the
reevaluation
is
pending.
22
Both
Code
sections
are
amended
to
allow
conditional
23
employment
of
prospective
employees
under
certain
24
circumstances.
In
addition
to
nurse
aide
student
trainees,
25
Code
section
135C.33
applies
to
prospective
employees
26
of
nursing
facilities,
residential
care
facilities,
and
27
intermediate
care
facilities
for
persons
with
mental
illness
or
28
a
developmental
disability,
various
in-home
service
providers,
29
hospices,
Medicaid
waiver
service
providers,
elder
group
homes,
30
and
assisted
living
programs.
31
Current
law
provides
that
if
it
is
determined
that
a
32
person
being
considered
for
employment
has
been
convicted
of
33
a
crime
under
a
law
of
any
state,
the
department
of
public
34
safety
shall
notify
the
licensee
that
upon
the
request
of
the
35
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347
licensee
DHS
will
perform
an
evaluation
to
determine
whether
1
the
crime
warrants
prohibition
of
the
person’s
employment
in
2
the
facility.
3
The
bill
allows
for
conditional
employment
of
not
more
than
4
60
calendar
days
of
the
prospective
employee
who
was
convicted
5
of
a
crime
specified
by
the
bill
pending
completion
of
the
DHS
6
evaluation.
The
bill
does
not
apply
to
employment
involving
7
the
operation
of
a
motor
vehicle
or
to
persons
with
a
record
8
of
founded
child
or
dependent
adult
abuse.
The
crimes
covered
9
by
the
bill
are
limited
to
simple
misdemeanor
offenses
under
10
Code
section
123.47,
involving
purchase
or
possession
of
an
11
alcoholic
beverage
by
a
person
who
is
not
legal
age,
and
12
Code
chapter
321,
relating
to
motor
vehicles
and
laws
of
the
13
road,
and
first
offenses
of
operating
a
motor
vehicle
while
14
intoxicated
under
section
321J.2,
subsection
1
(a
serious
15
misdemeanor).
16
A
similar
new
conditional
employment
exception
is
applied
by
17
the
bill
to
students
applying
for,
enrolled
in,
or
returning
to
18
a
certified
nurse
aide
training
program.
19
The
department
of
inspections
and
appeals,
in
conjunction
20
with
the
departments
of
administrative
services,
human
21
services,
public
health,
and
public
safety,
is
required
22
to
study
the
potential
for
applying
new
technologies
and
23
other
improvements
that
may
be
implemented
for
the
current
24
processes
of
performing
and
evaluating
child
and
dependent
25
adult
abuse
and
criminal
record
checks
of
persons
providing
26
health
care
services.
In
addition,
the
study
is
required
to
27
consider
applying
record
check
requirements
to
individuals
and
28
agencies
providing
home
health
services
that
are
not
subject
29
to
certification,
licensing,
or
other
regulation
by
state
30
government.
The
department
is
required
to
report
with
findings
31
and
recommendations
to
the
governor
and
general
assembly
on
or
32
before
December
15,
2013.
33
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