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House Study Bill 147 - IntroducedA Bill ForAn Act 1relating to background investigations of individuals
2employed through temporary staffing agencies with certain
3health care providers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 135C.33, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5A. a. This section shall also apply to an
4employee of a temporary staffing agency that provides staffing
5for a facility, service, program, or other provider regulated
6by this section if the employee provides direct services to
7consumers.
8b. In substantial conformance with the provisions of this
9section, prior to the employment of such an employee, the
10temporary staffing agency shall request the performance of the
11criminal and child and dependent adult abuse record checks.
12The temporary staffing agency shall inform the prospective
13employee and obtain the prospective employee’s signed
14acknowledgment. The department of human services shall perform
15the evaluation of any criminal record or founded child or
16dependent adult abuse record and shall make the determination
17of whether a prospective employee of a temporary staffing
18agency shall not be employed by the temporary staffing agency.
19c. If a person employed by a temporary staffing agency that
20is subject to this section is convicted of a crime or has a
21record of founded child or dependent adult abuse entered in the
22abuse registry after the person’s employment application date,
23the person shall inform the temporary staffing agency within
24forty-eight hours and the temporary staffing agency shall
25inform the facility, service, program, or other provider within
26two hours.
27d. If a temporary staffing agency fails to comply with the
28requirements of this section, the temporary staffing agency
29shall be liable to the facility, service, program, or other
30provider for any actual damages, including civil penalties, and
31reasonable attorney fees.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to background investigations of employees
-1-1of temporary staffing agencies contracted with a health care
2facility, assisted living program, or other provider. The bill
3adds to Code section 135C.33, relating to child or dependent
4adult abuse information and criminal record checks for certain
5employees. The bill provides that such a temporary staffing
6agency shall conduct criminal and child and dependent adult
7abuse record checks on prospective employees. The department
8of human services shall perform an evaluation of any criminal
9record or founded child or dependent adult abuse record and
10make the determination of whether a prospective employee of
11a temporary staffing agency shall not be employed. The bill
12provides that if a person employed by the temporary staffing
13agency is convicted of a crime or has a record of founded
14child or dependent adult abuse entered in the abuse registry
15after the employment application date the person shall inform
16the temporary staffing agency within 48 hours and in turn
17the temporary staffing agency shall inform the health care
18facility, assisted living program, or other provider the person
19is contracted to work for within two hours of notification.
20The bill provides that if a temporary staffing agency does
21not comply with the requirements, the temporary staffing agency
22shall be liable to the health care facility, assisted living
23program, or other provider for any actual damages, including
24civil penalties, and reasonable attorney fees that result from
25a failure to comply.
-2-hb/nh
2employed through temporary staffing agencies with certain
3health care providers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 135C.33, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 5A. a. This section shall also apply to an
4employee of a temporary staffing agency that provides staffing
5for a facility, service, program, or other provider regulated
6by this section if the employee provides direct services to
7consumers.
8b. In substantial conformance with the provisions of this
9section, prior to the employment of such an employee, the
10temporary staffing agency shall request the performance of the
11criminal and child and dependent adult abuse record checks.
12The temporary staffing agency shall inform the prospective
13employee and obtain the prospective employee’s signed
14acknowledgment. The department of human services shall perform
15the evaluation of any criminal record or founded child or
16dependent adult abuse record and shall make the determination
17of whether a prospective employee of a temporary staffing
18agency shall not be employed by the temporary staffing agency.
19c. If a person employed by a temporary staffing agency that
20is subject to this section is convicted of a crime or has a
21record of founded child or dependent adult abuse entered in the
22abuse registry after the person’s employment application date,
23the person shall inform the temporary staffing agency within
24forty-eight hours and the temporary staffing agency shall
25inform the facility, service, program, or other provider within
26two hours.
27d. If a temporary staffing agency fails to comply with the
28requirements of this section, the temporary staffing agency
29shall be liable to the facility, service, program, or other
30provider for any actual damages, including civil penalties, and
31reasonable attorney fees.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill relates to background investigations of employees
-1-1of temporary staffing agencies contracted with a health care
2facility, assisted living program, or other provider. The bill
3adds to Code section 135C.33, relating to child or dependent
4adult abuse information and criminal record checks for certain
5employees. The bill provides that such a temporary staffing
6agency shall conduct criminal and child and dependent adult
7abuse record checks on prospective employees. The department
8of human services shall perform an evaluation of any criminal
9record or founded child or dependent adult abuse record and
10make the determination of whether a prospective employee of
11a temporary staffing agency shall not be employed. The bill
12provides that if a person employed by the temporary staffing
13agency is convicted of a crime or has a record of founded
14child or dependent adult abuse entered in the abuse registry
15after the employment application date the person shall inform
16the temporary staffing agency within 48 hours and in turn
17the temporary staffing agency shall inform the health care
18facility, assisted living program, or other provider the person
19is contracted to work for within two hours of notification.
20The bill provides that if a temporary staffing agency does
21not comply with the requirements, the temporary staffing agency
22shall be liable to the health care facility, assisted living
23program, or other provider for any actual damages, including
24civil penalties, and reasonable attorney fees that result from
25a failure to comply.
-2-hb/nh