S.F. _____ Section 1. Section 135C.33, 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 licensee has requested an evaluation 7 in accordance with paragraph “a” to determine whether the crime 8 warrants prohibition of the person’s employment, the licensee 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 135C.33, subsection 8, Code 2013, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . 0d. (1) If a student’s clinical education 18 component of the training program involves children or 19 dependent adults but does not involve operation of a motor 20 vehicle, and the student has been convicted of a crime listed 21 in subparagraph (2), but does not have a record of founded 22 child or dependent adult abuse, and the training program has 23 requested an evaluation in accordance with paragraph “c” 24 to determine whether the crime warrants prohibition of the 25 student’s involvement in such clinical education component, the 26 training program may allow the student’s participation in the 27 component for not more than sixty days pending completion of 28 the evaluation. 29 (2) Subparagraph (1) applies to a crime that is a simple 30 misdemeanor offense under section 123.47 or chapter 321, and 31 to a crime that is a first offense of operating a motor vehicle 32 while intoxicated under section 321J.2, subsection 1. 33 Sec. 3. STUDY OF BACKGROUND CHECK IMPROVEMENTS 34 AND REQUIREMENTS FOR CERTAIN PROVIDERS OF HOME HEALTH 35 -1- LSB 1738XC (5) 85 jp/nh 1/ 3

S.F. _____ SERVICES. The department of inspections and appeals, in 1 conjunction with the departments of human services and 2 public health, shall study the potential for applying new 3 technologies and other improvements that may be implemented for 4 the current processes of performing and evaluating child and 5 dependent adult abuse and criminal record checks of persons 6 providing health care services. In addition, the study shall 7 consider applying record check requirements to individuals and 8 agencies providing home health services that are not subject 9 to certification, licensing, or other regulation by state 10 government. The department shall submit a report with findings 11 and recommendations to the governor and general assembly on or 12 before December 15, 2013. 13 EXPLANATION 14 This bill relates to evaluation of the results of certain 15 criminal record checks of prospective health care employees by 16 the department of human services (DHS). 17 Code section 135C.33, relating to criminal and child or 18 dependent adult abuse record checks of employees of health 19 care facilities and certified nurse aide student trainees, is 20 amended. The record check requirement applies to prospective 21 employees of nursing facilities, residential care facilities, 22 and intermediate care facilities for persons with mental 23 illness or a developmental disability, various in-home service 24 providers, hospices, Medicaid waiver service providers, elder 25 group homes, and assisted living programs. The requirement 26 also applies to nurse aide students pursuant to Code section 27 152.4(3)(d). 28 Current law provides that if it is determined that a 29 person being considered for employment has been convicted of 30 a crime under a law of any state, the department of public 31 safety shall notify the licensee that upon the request of the 32 licensee DHS will perform an evaluation to determine whether 33 the crime warrants prohibition of the person’s employment in 34 the facility. 35 -2- LSB 1738XC (5) 85 jp/nh 2/ 3

S.F. _____ The bill allows for conditional employment of not more than 1 60 calendar days of the prospective employee who was convicted 2 of a crime specified by the bill pending completion of the DHS 3 evaluation. The bill does not apply to employment involving 4 the operation of a motor vehicle or to persons with a record 5 of founded child or dependent adult abuse. The crimes covered 6 by the bill are limited to simple misdemeanor offenses under 7 Code section 123.47, involving purchase or possession of an 8 alcoholic beverage by a person who is not legal age, and 9 Code chapter 321, relating to motor vehicles and laws of the 10 road, and first offenses of operating a motor vehicle while 11 intoxicated under section 321J.2, subsection 1 (a serious 12 misdemeanor). 13 A similar new conditional employment exception is applied by 14 the bill to students applying for, enrolled in, or returning to 15 a certified nurse aide training program. 16 The department of inspections and appeals, in conjunction 17 with DHS and the department of public health, is required 18 to study the potential for applying new technologies and 19 other improvements that may be implemented for the current 20 processes of performing and evaluating child and dependent 21 adult abuse and criminal record checks of persons providing 22 health care services. In addition, the study is required to 23 consider applying record check requirements to individuals and 24 agencies providing home health services that are not subject 25 to certification, licensing, or other regulation by state 26 government. The department is required to report with findings 27 and recommendations to the governor and general assembly on or 28 before December 15, 2013. 29 -3- LSB 1738XC (5) 85 jp/nh 3/ 3