S.F. _____ Section 1. Section 135B.34, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. a. Prior to employment of a person in a hospital, the 3 hospital shall request do one of the following: 4 (1) Request that the department of public safety perform 5 a criminal history check and the department of human services 6 perform child and dependent adult abuse record checks of the 7 person in this state. 8 (2) Access the single contact repository to perform the 9 required record checks. 10 b. (1) If a hospital accesses the single contact repository 11 to perform the required record checks pursuant to paragraph 12 “a” , the hospital may utilize a third-party vendor to perform a 13 comprehensive preliminary background check and provisionally 14 employ a person being considered for employment pending 15 completion of the required record checks through the single 16 contact repository and the evaluation by the department of 17 human services, as applicable, subject to all of the following: 18 (a) If the comprehensive preliminary background check 19 determines that the person being considered for employment has 20 been convicted of a crime, but the crime does not constitute a 21 felony as defined in section 701.7 and is not a crime specified 22 pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 23 712 or pursuant to section 726.3, 726.7, or 726.8. 24 (b) If the comprehensive preliminary background check 25 determines the person being considered for employment does not 26 have a record of founded child abuse or dependent adult abuse 27 or if an exception pursuant to subsection 4 is applicable to 28 the person. 29 (c) If the hospital has requested an evaluation in 30 accordance with subsection 2, paragraph “a” , to determine 31 whether the crime warrants prohibition of the person’s 32 employment in the hospital. 33 (2) The provisional employment under this paragraph “b” 34 may continue until such time as the required record checks 35 -1- LSB 5588XC (4) 88 pf/rh 1/ 17

S.F. _____ through the single contact repository and the evaluation by the 1 department of human services, as applicable, are completed. 2 c. A hospital shall inform all persons prior to employment 3 regarding the performance of the record checks and shall 4 obtain, from the persons, a signed acknowledgment of the 5 receipt of the information. A hospital shall include the 6 following inquiry in an application for employment: 7 Do you have a record of founded child or dependent adult abuse 8 or have you ever been convicted of a crime, in this state or any 9 other state? 10 Sec. 2. Section 135B.34, subsection 4, paragraph a, Code 11 2020, is amended to read as follows: 12 a. Except as provided in subsection 1, paragraph “b” , 13 subsection 2, and paragraph “b” and subsection 2 of this 14 subsection , a person who has committed a crime or has a record 15 of founded child or dependent adult abuse shall not be employed 16 in a hospital licensed under this chapter unless an evaluation 17 has been performed by the department of human services. 18 Sec. 3. Section 135B.34, Code 2020, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 7. For the purposes of this subsection, 21 “comprehensive preliminary background check” means the same as 22 defined in section 135C.1. 23 Sec. 4. Section 135C.1, Code 2020, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 2A. “Comprehensive preliminary background 26 check” includes a criminal history check of all states in which 27 the applicant has worked or resided over the seven-year period 28 immediately prior to submitting an application for employment 29 that is conducted by a third-party vendor. 30 Sec. 5. Section 135C.33, Code 2020, is amended to read as 31 follows: 32 135C.33 Employees and certified nurse aide trainees —— child 33 or dependent adult abuse information and criminal record checks 34 check options —— evaluations —— application to other providers 35 -2- LSB 5588XC (4) 88 pf/rh 2/ 17

S.F. _____ —— penalty. 1 1. a. For the purposes of this section , the term “crime” 2 does not include offenses under chapter 321 classified as a 3 simple misdemeanor or equivalent simple misdemeanor offenses 4 from another jurisdiction. 5 b. Prior to employment of a person in a facility or with a 6 provider as specified in subsection 5 , the facility or provider 7 shall request do one of the following: 8 (1) Request that the department of public safety perform 9 a criminal history check and the department of human services 10 perform child and dependent adult abuse record checks of the 11 person in this state. 12 (2) Access the single contact repository to perform the 13 required record checks. 14 c. (1) If a facility or a provider as specified in 15 subsection 5 accesses the single contact repository to perform 16 the required record checks pursuant to paragraph “b” , the 17 facility or provider may utilize a third-party vendor to 18 perform a comprehensive preliminary background check and 19 provisionally employ a person being considered for employment 20 pending completion of the required record checks through the 21 single contact repository and the evaluation by the department 22 of human services, as applicable, subject to all of the 23 following: 24 (a) If the comprehensive preliminary background check 25 determines that the person being considered for employment has 26 been convicted of a crime, but the crime does not constitute a 27 felony as defined in section 701.7 and is not a crime specified 28 pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 29 712, or pursuant to section 726.3, 726.7, or 726.8. 30 (b) If the comprehensive preliminary background check 31 determines the person being considered for employment does not 32 have a record of founded child abuse or dependent adult abuse 33 or if an exception pursuant to subsection 4 is applicable to 34 the person. 35 -3- LSB 5588XC (4) 88 pf/rh 3/ 17

S.F. _____ (c) If the facility or provider has requested an evaluation 1 in accordance with subsection 2, paragraph “a” , to determine 2 whether the crime warrants prohibition of the person’s 3 employment in the facility or with the provider. 4 (2) The provisional employment under this paragraph “c” 5 may continue until such time as the required record checks 6 through the single contact repository and the evaluation by the 7 department of human services, as applicable, are completed. 8 d. A facility or provider shall inform all persons prior 9 to employment regarding the performance of the record checks 10 and shall obtain, from the persons, a signed acknowledgment of 11 the receipt of the information. A facility or provider shall 12 include the following inquiry in an application for employment: 13 Do you have a record of founded child or dependent adult abuse 14 or have you ever been convicted of a crime other than a simple 15 misdemeanor offense relating to motor vehicles and laws of the 16 road under chapter 321 or equivalent provisions, in this state 17 or any other state? 18 2. a. If it is determined that a person being considered 19 for employment in a facility or with a provider has been 20 convicted of a crime under a law of any state, the department 21 of public safety shall notify the licensee facility or provider 22 that upon the request of the licensee facility or provider 23 the department of human services will perform an evaluation 24 to determine whether the crime warrants prohibition of the 25 person’s employment in the facility or with the provider . 26 b. (1) If a person being considered for employment, other 27 than employment involving the operation of a motor vehicle, has 28 been convicted of a crime listed in subparagraph (2) but does 29 not have a record of founded child or dependent adult abuse and 30 the licensee facility or provider has requested an evaluation 31 in accordance with paragraph “a” to determine whether the crime 32 warrants prohibition of the person’s employment, the licensee 33 facility or provider may employ the person for not more than 34 sixty calendar days pending completion of the evaluation. 35 -4- LSB 5588XC (4) 88 pf/rh 4/ 17

S.F. _____ (2) Subparagraph (1) applies to a crime that is a simple 1 misdemeanor offense under section 123.47 , and to a crime 2 that is a first offense of operating a motor vehicle while 3 intoxicated under section 321J.2, subsection 1 . 4 c. If a department of human services child or dependent 5 adult abuse record check shows that such person has a record 6 of founded child or dependent adult abuse, the department of 7 human services shall notify the licensee facility or provider 8 that upon the request of the licensee facility or provider the 9 department of human services will perform an evaluation to 10 determine whether the founded child or dependent adult abuse 11 warrants prohibition of employment in the facility or with the 12 provider . 13 d. An evaluation performed under this subsection shall 14 be performed in accordance with procedures adopted for this 15 purpose by the department of human services. 16 e. (1) If a person owns or operates more than one facility 17 or a provider owns or operates more than one location , and 18 an employee of one of such facilities or provider locations 19 is transferred to another such facility or provider location 20 without a lapse in employment, the facility or provider is not 21 required to request additional criminal and child and dependent 22 adult abuse record checks of that employee. 23 (2) If the ownership of a facility or provider is 24 transferred, at the time of transfer the record checks required 25 by this section shall be performed for each employee for whom 26 there is no documentation that such record checks have been 27 performed. The facility or provider may continue to employ 28 such employee pending the performance of the record checks and 29 any related evaluation. 30 3. In an evaluation, the department of human services 31 shall consider the nature and seriousness of the crime 32 or founded child or dependent adult abuse in relation to 33 the position sought or held, the time elapsed since the 34 commission of the crime or founded child or dependent adult 35 -5- LSB 5588XC (4) 88 pf/rh 5/ 17

S.F. _____ abuse, the circumstances under which the crime or founded 1 child or dependent adult abuse was committed, the degree of 2 rehabilitation, the likelihood that the person will commit 3 the crime or founded child or dependent adult abuse again, 4 and the number of crimes or founded child or dependent adult 5 abuses committed by the person involved. If the department of 6 human services performs an evaluation for the purposes of this 7 section , the department of human services has final authority 8 in determining whether prohibition of the person’s employment 9 is warranted. 10 4. a. Except as provided in subsection 1, paragraph 11 “c” , subsection 2, and paragraph “b” and subsection 2 of this 12 subsection , a person who has committed a crime or has a record 13 of founded child or dependent adult abuse shall not be employed 14 in a facility licensed under this chapter or with a provider 15 unless an evaluation has been performed by the department of 16 human services. 17 b. A person with a criminal or abuse record who is or was 18 employed by a facility licensed under this chapter or provider 19 and is hired by another licensee facility or provider shall 20 be subject to the criminal history and abuse record checks 21 required pursuant to subsection 1 . However, if an evaluation 22 was previously performed by the department of human services 23 concerning the person’s criminal or abuse record and it was 24 determined that the record did not warrant prohibition of 25 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 facility or provider in 29 accordance with the department of human services’ evaluation 30 and an exemption from the requirements in paragraph “a” for 31 reevaluation of the latest record checks is authorized. 32 Otherwise, the requirements of paragraph “a” remain applicable 33 to the person’s employment. Authorization of an exemption 34 under this paragraph “b” from requirements for reevaluation of 35 -6- LSB 5588XC (4) 88 pf/rh 6/ 17

S.F. _____ the latest record checks by the department of human services is 1 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 paragraph “b” may 16 be authorized, the subsequent employer may instead request a 17 reevaluation of the record checks and may employ the person 18 while the reevaluation is being performed. 19 5. a. This section shall also apply to prospective 20 employees of all of the following, if the provider is regulated 21 by the state or receives any state or federal funding: 22 (1) An employee of a homemaker-home health aide, home care 23 aide, adult day services, or other provider of in-home services 24 if the employee provides direct services to consumers. 25 (2) An employee of a hospice, if the employee provides 26 direct services to consumers. 27 (3) An employee who provides direct services to consumers 28 under a federal home and community-based services waiver. 29 (4) An employee of an elder group home certified under 30 chapter 231B , if the employee provides direct services to 31 consumers. 32 (5) An employee of an assisted living program certified 33 under chapter 231C , if the employee provides direct services 34 to consumers. 35 -7- LSB 5588XC (4) 88 pf/rh 7/ 17

S.F. _____ b. In substantial conformance with the provisions of this 1 section , including the provision authorizing provisional 2 employment following completion of a comprehensive preliminary 3 background check, prior to the employment of such an employee, 4 the provider shall request the performance of the criminal 5 and child and dependent adult abuse record checks. The 6 provider shall inform the prospective employee and obtain the 7 prospective employee’s signed acknowledgment. The department 8 of human services shall perform the evaluation of any criminal 9 record or founded child or dependent adult abuse record and 10 shall make the determination of whether a prospective employee 11 of a provider shall not be employed by the provider. 12 6. a. This section shall also apply to an employee of 13 a temporary staffing agency that provides staffing for a 14 facility, service, program, or other provider regulated by this 15 section if the employee provides direct services to consumers. 16 b. In substantial conformance with the provisions of this 17 section , including the provision authorizing provisional 18 employment following completion of a comprehensive preliminary 19 background check, prior to the employment of such an employee, 20 the temporary staffing agency shall request the performance 21 of the criminal and child and dependent adult abuse record 22 checks. The temporary staffing agency shall inform the 23 prospective employee and obtain the prospective employee’s 24 signed acknowledgment. The department of human services shall 25 perform the evaluation of any criminal record or founded 26 child or dependent adult abuse record and shall make the 27 determination of whether a prospective employee of a temporary 28 staffing agency shall not be employed by the assisted living 29 program as defined in section 231C.2 , the Medicare certified 30 home health agency, or the facility, service, program, or other 31 provider regulated by this section . 32 c. If a person employed by a temporary staffing agency that 33 is subject to this section is convicted of a crime or has a 34 record of founded child or dependent adult abuse entered in the 35 -8- LSB 5588XC (4) 88 pf/rh 8/ 17

S.F. _____ abuse registry after the person’s employment application date, 1 the person shall inform the temporary staffing agency within 2 forty-eight hours and the temporary staffing agency shall 3 inform the facility, service, program, or other provider within 4 two hours. 5 d. If a temporary staffing agency fails to comply with the 6 requirements of this section , the temporary staffing agency 7 shall be liable to the facility, service, program, or other 8 provider for any actual damages, including civil penalties, and 9 reasonable attorney fees. 10 e. This section shall not apply to employees employed by a 11 temporary staffing agency for a position that does not provide 12 direct services to consumers. 13 7. a. The department of inspections and appeals, in 14 conjunction with other departments and agencies of state 15 government involved with criminal history and abuse registry 16 information, shall establish a single contact repository for 17 facilities and other providers to have electronic access to 18 data to perform background checks for purposes of employment, 19 as required of the facilities and other providers under this 20 section . 21 b. The department may access the single contact repository 22 for any of the following purposes: 23 (1) To verify data transferred from the department’s nurse 24 aide registry to the repository. 25 (2) To conduct record checks of applicants for employment 26 with the department. 27 8. a. If a person employed by a facility, service, or 28 program employer that is subject to this section is convicted 29 of a crime or has a record of founded child or dependent 30 adult abuse entered in the abuse registry after the person’s 31 employment application date, the person shall inform the 32 employer of such information within forty-eight hours of the 33 criminal conviction or entry of the record of founded child or 34 dependent adult abuse. The employer shall act to verify the 35 -9- LSB 5588XC (4) 88 pf/rh 9/ 17

S.F. _____ information within seven calendar days of notification. If the 1 information is verified, the requirements of subsections 2, 3, 2 and 4 regarding employability and evaluations shall be applied 3 by the employer to determine whether or not the person’s 4 employment is continued. The employer may continue to employ 5 the person pending the performance of an evaluation by the 6 department of human services to determine whether prohibition 7 of the person’s employment is warranted. A person who is 8 required by this subsection to inform the person’s employer of 9 a conviction or entry of an abuse record and fails to do so 10 within the required period commits a serious misdemeanor. 11 b. If a facility, service, or program employer receives 12 credible information, as determined by the employer, that a 13 person employed by the employer has been convicted of a crime 14 or a record of founded child or dependent adult abuse has been 15 entered in the abuse registry after employment from a person 16 other than the employee and the employee has not informed 17 the employer of such information within the period required 18 under paragraph “a” , the employer shall act to verify the 19 credible information within seven calendar days of receipt of 20 the credible information. If the information is verified, the 21 requirements of subsections 2, 3, and 4 regarding employability 22 and evaluations shall be applied to determine whether or not 23 the person’s employment is continued. 24 c. The employer may notify the county attorney for the 25 county where the employer is located of any violation or 26 failure by an employee to notify the employer of a criminal 27 conviction or entry of an abuse record within the period 28 required under paragraph “a” . 29 9. a. For the purposes of this subsection , unless the 30 context otherwise requires: 31 (1) “Certified nurse aide training program” means a program 32 approved in accordance with the rules for such programs adopted 33 by the department of human services for the training of persons 34 seeking to be a certified nurse aide for employment in any of 35 -10- LSB 5588XC (4) 88 pf/rh 10/ 17

S.F. _____ the facilities or programs this section applies to or in a 1 hospital, as defined in section 135B.1 . 2 (2) “Student” means a person applying for, enrolled in, or 3 returning to a certified nurse aide training program. 4 b. (1) Prior to a student beginning or returning to a 5 certified nurse aide training program, the program shall 6 request do one of the following: 7 (a) Request that the department of public safety perform 8 a criminal history check and the department of human services 9 perform child and dependent adult abuse record checks, in this 10 state, of the student. The program may access 11 (b) Access the single contact repository established 12 pursuant to this section as necessary for the program to 13 initiate perform the required record checks. 14 (2) If a program accesses the single contact repository to 15 perform the required record checks pursuant to subparagraph 16 (1), the program may utilize a third-party vendor to perform a 17 comprehensive preliminary background check to allow a person 18 to provisionally participate in the clinical component of the 19 certified nurse aide training program pending completion of the 20 required record checks through the single contact repository 21 and the evaluation by the department of human services, as 22 applicable, subject to all of the following: 23 (a) If the comprehensive preliminary background check 24 determines that the person being considered for provisional 25 participation has been convicted of a crime but the crime does 26 not constitute a felony as defined in section 701.7 and is not 27 a crime specified pursuant to chapter 708, 708A, 709, 709A, 28 710, 710A, 711, or 712, or pursuant to section 726.3, 726.7, or 29 726.8. 30 (b) If the comprehensive preliminary background check 31 determines the person being considered for provisional 32 participation does not have a record of founded child abuse or 33 dependent adult abuse or if an exception pursuant to subsection 34 4 is applicable to the person. 35 -11- LSB 5588XC (4) 88 pf/rh 11/ 17

S.F. _____ (c) If the program has requested an evaluation in accordance 1 with subsection 2, paragraph “a” , to determine whether the crime 2 warrants prohibition of the person’s provisional participation. 3 (d) The provisional participation under this subparagraph 4 (2) may continue until such time as the required record checks 5 through the single contact repository and the evaluation by the 6 department of human services, as applicable, are completed. 7 c. If a student has a criminal record or a record of 8 founded child or dependent adult abuse, the student shall 9 not be involved in a clinical education component of the 10 certified nurse aide training program involving children or 11 dependent adults unless an evaluation has been performed by the 12 department of human services. Upon request of the certified 13 nurse aide training program, the department of human services 14 shall perform an evaluation to determine whether the record 15 warrants prohibition of the student’s involvement in a clinical 16 education component of the certified nurse aide training 17 program involving children or dependent adults. The evaluation 18 shall be performed in accordance with the criteria specified in 19 subsection 3 , and the department of human services shall report 20 the results of the evaluation to the certified nurse aide 21 training program. The department of human services has final 22 authority in determining whether prohibition of the student’s 23 involvement in the clinical education component is warranted. 24 d. (1) If a student’s clinical education component of the 25 training program involves children or dependent adults but 26 does not involve operation of a motor vehicle, and the student 27 has been convicted of a crime listed in subparagraph (2), but 28 does not have a record of founded child or dependent adult 29 abuse, and the training program has requested an evaluation in 30 accordance with paragraph “c” to determine whether the crime 31 warrants prohibition of the student’s involvement in such 32 clinical education component, the training program may allow 33 the student’s participation in the component for not more than 34 sixty days pending completion of the evaluation. 35 -12- LSB 5588XC (4) 88 pf/rh 12/ 17

S.F. _____ (2) Subparagraph (1) applies to a crime that is a simple 1 misdemeanor offense under section 123.47 , and to a crime 2 that is a first offense of operating a motor vehicle while 3 intoxicated under section 321J.2, subsection 1 . 4 e. (1) If a student is convicted of a crime or has a 5 record of founded child or dependent adult abuse entered in the 6 abuse registry after the record checks and any evaluation have 7 been performed, the student shall inform the certified nurse 8 aide training program of such information within forty-eight 9 hours of the criminal conviction or entry of the record of 10 founded child or dependent adult abuse. The program shall 11 act to verify the information within seven calendar days of 12 notification. If the information is verified, the requirements 13 of paragraph “c” shall be applied by the program to determine 14 whether or not the student’s involvement in a clinical 15 education component may continue. The program may allow the 16 student involvement to continue pending the performance of an 17 evaluation by the department of human services. A student 18 who is required by this subparagraph to inform the program of 19 a conviction or entry of an abuse record and fails to do so 20 within the required period commits a serious misdemeanor. 21 (2) If a program receives credible information, as 22 determined by the program, that a student has been convicted 23 of a crime or a record of founded child or dependent adult 24 abuse has been entered in the abuse registry after the record 25 checks and any evaluation have been performed, from a person 26 other than the student and the student has not informed the 27 program of such information within the period required under 28 subparagraph (1), the program shall act to verify the credible 29 information within seven calendar days of receipt of the 30 credible information. If the information is verified, the 31 requirements of paragraph “c” shall be applied to determine 32 whether or not the student’s involvement in a clinical 33 education component may continue. 34 (3) The program may notify the county attorney for the 35 -13- LSB 5588XC (4) 88 pf/rh 13/ 17

S.F. _____ county where the program is located of any violation or failure 1 by a student to notify the program of a criminal conviction 2 or entry of an abuse record within the period required under 3 subparagraph (1). 4 f. If a certified nurse aide training program is conducted 5 by a health care facility and a student of that program 6 subsequently accepts and begins employment with the facility 7 within thirty days of completing the program, the criminal 8 history and abuse registry checks of the student performed 9 pursuant to this subsection shall be deemed to fulfill the 10 requirements for such checks prior to employment pursuant to 11 subsection 1 . 12 Sec. 6. Section 152.5A, Code 2020, is amended to read as 13 follows: 14 152.5A Student record checks. 15 1. For the purposes of this section : 16 a. “Comprehensive preliminary background check” means the 17 same as defined in section 135C.1. 18 a. b. “Nursing program” means a nursing program that is 19 approved by the board pursuant to section 152.5 . 20 b. c. “Student” means a person applying for, enrolled in, 21 or returning to the clinical education component of a nursing 22 program. 23 2. A Prior to a student beginning or returning to a nursing 24 program, the nursing program may access the single contact 25 repository established pursuant to section 135C.33 as necessary 26 for the nursing program to initiate record checks of students. 27 3. A nursing program shall request shall do one of the 28 following in substantial conformance with the provisions of 29 section 135C.33: 30 a. Request that the department of public safety perform a 31 criminal history check and the department of human services 32 perform child and dependent adult abuse record checks of the 33 student in this state on the nursing program’s students . 34 b. Access the single contact repository to perform the 35 -14- LSB 5588XC (4) 88 pf/rh 14/ 17

S.F. _____ required record checks. 1 3. a. If a program accesses the single contact repository 2 to perform the required record checks pursuant to subsection 3 2, the program may utilize a third-party vendor to perform 4 a comprehensive preliminary background check to allow a 5 student to provisionally participate in the clinical education 6 component of the nursing program pending completion of the 7 required record checks through the single contact repository 8 and the evaluation by the department of human services, as 9 applicable, subject to all of the following: 10 (1) If the comprehensive preliminary background check 11 determines that the student being considered for provisional 12 participation has been convicted of a crime, but the crime does 13 not constitute a felony as defined in section 701.7 and is not 14 a crime specified pursuant to chapter 708, 708A, 709, 709A, 15 710, 710A, 711, or 712 or pursuant to section 726.3, 726.7, or 16 726.8. 17 (2) If the comprehensive preliminary background check 18 determines the student being considered for provisional 19 participation does not have a record of founded child abuse or 20 dependent adult abuse, or if an exception pursuant to section 21 135C.33, subsection 4, is applicable to the student. 22 (3) If the program has requested an evaluation in accordance 23 with section 135C.33, subsection 2, paragraph “a” , to determine 24 whether the crime warrants prohibition of the student’s 25 provisional participation. 26 b. The provisional participation under this subsection 27 3 may continue until such time as the required record checks 28 through the single contact repository and the evaluation by the 29 department of human services, as applicable, are completed. 30 4. If a student has a criminal record or a record of 31 founded child or dependent adult abuse, upon request of 32 the nursing program, the department of human services shall 33 perform an evaluation to determine whether the record warrants 34 prohibition of the person’s student’s involvement in a clinical 35 -15- LSB 5588XC (4) 88 pf/rh 15/ 17

S.F. _____ education component of a nursing program involving children 1 or dependent adults. The department of human services shall 2 utilize the criteria provided in section 135C.33 in performing 3 the evaluation and shall report the results of the evaluation 4 to the nursing program. The department of human services 5 has final authority in determining whether prohibition of 6 the person’s student’s involvement in a clinical education 7 component is warranted. 8 Sec. 7. THIRD-PARTY VENDOR —— COMPREHENSIVE PRELIMINARY 9 BACKGROUND CHECKS FOR PROVISIONAL EMPLOYMENT OR PROVISIONAL 10 PARTICIPATION. The department of inspections and appeals 11 shall post on the department’s internet site a listing of 12 third-party vendors vetted, approved, and provided to the 13 department by statewide associations of hospitals, health care 14 facilities, programs, and providers described in this Act from 15 which a hospital, health care facility, program, or provider, 16 respectively, may select a third-party vendor to conduct the 17 comprehensive preliminary background checks for provisional 18 employment of employees or provisional participation by 19 students as provided in this Act. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to background record checks for employees 24 and students of certain facilities, providers, programs, and 25 agencies. 26 The bill provides that in addition to background record 27 checks being performed by the department of public safety 28 and the department of human services, an entity may have a 29 third-party vendor conduct a preliminary background check 30 pending completion of the required record checks. The bill 31 makes conforming changes throughout the Code to allow for the 32 preliminary record checks requirements for entities including 33 hospitals and health care facilities, providers of in-home 34 services including homemaker-home health aides and home care 35 -16- LSB 5588XC (4) 88 pf/rh 16/ 17