House Study Bill 147 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON FRY) A BILL FOR An Act relating to background investigations of individuals 1 employed through temporary staffing agencies with certain 2 health care providers. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2621YC (2) 87 hb/nh

H.F. _____ Section 1. Section 135C.33, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5A. a. This section shall also apply to an 3 employee of a temporary staffing agency that provides staffing 4 for a facility, service, program, or other provider regulated 5 by this section if the employee provides direct services to 6 consumers. 7 b. In substantial conformance with the provisions of this 8 section, prior to the employment of such an employee, the 9 temporary staffing agency shall request the performance of the 10 criminal and child and dependent adult abuse record checks. 11 The temporary staffing agency shall inform the prospective 12 employee and obtain the prospective employee’s signed 13 acknowledgment. The department of human services shall perform 14 the evaluation of any criminal record or founded child or 15 dependent adult abuse record and shall make the determination 16 of whether a prospective employee of a temporary staffing 17 agency shall not be employed by the temporary staffing agency. 18 c. If a person employed by a temporary staffing agency that 19 is subject to this section is convicted of a crime or has a 20 record of founded child or dependent adult abuse entered in the 21 abuse registry after the person’s employment application date, 22 the person shall inform the temporary staffing agency within 23 forty-eight hours and the temporary staffing agency shall 24 inform the facility, service, program, or other provider within 25 two hours. 26 d. If a temporary staffing agency fails to comply with the 27 requirements of this section, the temporary staffing agency 28 shall be liable to the facility, service, program, or other 29 provider for any actual damages, including civil penalties, and 30 reasonable attorney fees. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to background investigations of employees 35 -1- LSB 2621YC (2) 87 hb/nh 1/ 2

H.F. _____ of temporary staffing agencies contracted with a health care 1 facility, assisted living program, or other provider. The bill 2 adds to Code section 135C.33, relating to child or dependent 3 adult abuse information and criminal record checks for certain 4 employees. The bill provides that such a temporary staffing 5 agency shall conduct criminal and child and dependent adult 6 abuse record checks on prospective employees. The department 7 of human services shall perform an evaluation of any criminal 8 record or founded child or dependent adult abuse record and 9 make the determination of whether a prospective employee of 10 a temporary staffing agency shall not be employed. The bill 11 provides that if a person employed by the temporary staffing 12 agency is convicted of a crime or has a record of founded 13 child or dependent adult abuse entered in the abuse registry 14 after the employment application date the person shall inform 15 the temporary staffing agency within 48 hours and in turn 16 the temporary staffing agency shall inform the health care 17 facility, assisted living program, or other provider the person 18 is contracted to work for within two hours of notification. 19 The bill provides that if a temporary staffing agency does 20 not comply with the requirements, the temporary staffing agency 21 shall be liable to the health care facility, assisted living 22 program, or other provider for any actual damages, including 23 civil penalties, and reasonable attorney fees that result from 24 a failure to comply. 25 -2- LSB 2621YC (2) 87 hb/nh 2/ 2