Bill Text: IA HF2257 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the procedures governing boards and commissions and the grounds for licensee discipline. (See Cmte. Bill HF 2433)
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-13 - Withdrawn. H.J. 529. [HF2257 Detail]
Download: Iowa-2011-HF2257-Introduced.html
House
File
2257
-
Introduced
HOUSE
FILE
2257
BY
R.
OLSON
and
PETTENGILL
A
BILL
FOR
An
Act
relating
to
the
procedures
governing
boards
and
1
commissions
and
the
grounds
for
licensee
discipline.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2257
Section
1.
Section
9A.105,
subsection
1,
paragraph
h,
Code
1
2011,
is
amended
to
read
as
follows:
2
h.
Whether
the
applicant
or
any
person
named
pursuant
to
3
paragraph
“g”
has
been
convicted
of
a
crime
felony
that,
if
4
committed
in
this
state,
would
be
a
crime
involving
moral
5
turpitude
or
which
is
a
felony
,
and
identify
the
crime
felony
.
6
Sec.
2.
Section
9A.106,
subsection
2,
paragraph
a,
Code
7
2011,
is
amended
to
read
as
follows:
8
a.
Been
convicted
of
a
crime
felony
that,
if
committed
in
9
this
state,
would
be
a
crime
involving
moral
turpitude
or
a
10
felony
.
11
Sec.
3.
Section
17A.3,
subsection
1,
paragraph
a,
Code
2011,
12
is
amended
to
read
as
follows:
13
a.
(1)
Adopt
as
a
rule
a
description
of
the
organization
of
14
the
agency
which
states
the
general
course
and
method
of
its
15
operations,
the
administrative
subdivisions
of
the
agency
and
16
the
programs
implemented
by
each
of
them,
a
statement
of
the
17
mission
of
the
agency,
and
the
methods
by
which
and
location
18
where
the
public
may
obtain
information
or
make
submissions
or
19
requests.
20
(2)
Each
board,
commission,
or
other
multimember
agency
21
shall
adopt
rules
of
procedure
governing
the
conduct
of
agency
22
meetings.
23
Sec.
4.
NEW
SECTION
.
17A.18B
Licensee
discipline.
24
1.
An
agency
may
revoke,
suspend,
or
deny
issuance
or
25
renewal
of
a
license,
based
on
grounds
as
established
in
26
statute.
27
2.
Except
as
otherwise
provided
in
statute,
when
28
considering
the
revocation,
suspension,
or
denial
of
a
license,
29
an
agency
may
consider
a
conviction
for
a
felony,
related
to
30
the
profession
or
occupation
of
the
licensee.
A
copy
of
the
31
record
of
conviction,
or
an
adjudication
of
guilt,
shall
be
32
conclusive
evidence
of
the
conviction.
33
3.
An
agency
shall
not
consider
a
deferred
judgment
or
34
the
underlying
facts
in
that
case
as
a
ground
for
revoking,
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suspending,
or
denying
issuance
or
renewal
of
a
license.
1
4.
For
the
purposes
of
licensee
discipline,
the
term
“public
2
offense”
does
not
include
chapter
321,
traffic,
or
scheduled
3
violations.
4
Sec.
5.
Section
80A.4,
subsection
1,
paragraph
g,
Code
2011,
5
is
amended
to
read
as
follows:
6
g.
Has
not
been
convicted
of
a
crime
described
in
section
7
708.3
,
708.4
,
708.5
,
708.6
,
708.8
,
or
708.9
felony
.
8
Sec.
6.
Section
99G.24,
subsection
7,
paragraph
a,
Code
9
2011,
is
amended
to
read
as
follows:
10
a.
Has
been
convicted
of
a
criminal
offense
felony
related
11
to
the
security
or
integrity
of
the
lottery
in
this
or
any
12
other
jurisdiction.
13
Sec.
7.
Section
125.14A,
Code
2011,
is
amended
to
read
as
14
follows:
15
125.14A
Personnel
of
a
licensed
program
admitting
juveniles.
16
1.
If
a
person
is
being
considered
for
licensure
under
this
17
chapter
,
or
for
employment
involving
direct
responsibility
for
18
a
child
or
with
access
to
a
child
when
the
child
is
alone,
by
19
a
program
admitting
juveniles
subject
to
licensure
under
this
20
chapter
,
or
if
a
person
will
reside
in
a
facility
utilized
by
21
such
a
program,
and
if
the
person
has
been
convicted
of
a
crime
22
public
offense
or
has
a
record
of
founded
child
abuse,
the
23
department
of
human
services
and
the
program,
for
an
employee
24
of
the
program,
shall
perform
an
evaluation
to
determine
25
whether
the
crime
public
offense
or
founded
child
abuse
26
warrants
prohibition
of
licensure,
employment,
or
residence
in
27
the
facility.
The
department
of
human
services
shall
conduct
28
criminal
and
child
abuse
record
checks
in
this
state
and
may
29
conduct
these
checks
in
other
states.
The
evaluation
shall
30
be
performed
in
accordance
with
procedures
adopted
for
this
31
purpose
by
the
department
of
human
services.
32
2.
If
the
department
of
human
services
determines
that
a
33
person
has
committed
a
crime
public
offense
or
has
a
record
34
of
founded
child
abuse
and
is
licensed,
employed
by
a
program
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licensed
under
this
chapter
,
or
resides
in
a
licensed
facility
1
the
department
shall
notify
the
program
that
an
evaluation
will
2
be
conducted
to
determine
whether
prohibition
of
the
person’s
3
licensure,
employment,
or
residence
is
warranted.
4
3.
In
an
evaluation,
the
department
of
human
services
and
5
the
program
for
an
employee
of
the
program
shall
consider
the
6
nature
and
seriousness
of
the
crime
public
offense
or
founded
7
child
abuse
in
relation
to
the
position
sought
or
held,
the
8
time
elapsed
since
the
commission
of
the
crime
public
offense
9
or
founded
child
abuse,
the
circumstances
under
which
the
10
crime
public
offense
or
founded
child
abuse
was
committed,
11
the
degree
of
rehabilitation,
the
likelihood
that
the
person
12
will
commit
the
crime
public
offense
or
founded
child
abuse
13
again,
and
the
number
of
crimes
public
offenses
or
founded
14
child
abuses
committed
by
the
person
involved.
The
department
15
of
human
services
may
permit
a
person
who
is
evaluated
to
16
be
licensed,
employed,
or
to
reside,
or
to
continue
to
be
17
licensed,
employed,
or
to
reside
in
a
program,
if
the
person
18
complies
with
the
department’s
conditions
relating
to
the
19
person’s
licensure,
employment,
or
residence,
which
may
include
20
completion
of
additional
training.
For
an
employee
of
a
21
licensee,
these
conditional
requirements
shall
be
developed
22
with
the
licensee.
The
department
of
human
services
has
final
23
authority
in
determining
whether
prohibition
of
the
person’s
24
licensure,
employment,
or
residence
is
warranted
and
in
25
developing
any
conditional
requirements
under
this
subsection
.
26
4.
If
the
department
of
human
services
determines
that
the
27
person
has
committed
a
crime
public
offense
or
has
a
record
of
28
founded
child
abuse
which
warrants
prohibition
of
licensure,
29
employment,
or
residence,
the
person
shall
not
be
licensed
30
under
this
chapter
to
operate
a
program
admitting
juveniles
31
and
shall
not
be
employed
by
a
program
or
reside
in
a
facility
32
admitting
juveniles
licensed
under
this
chapter
.
33
5.
In
addition
to
the
record
checks
required
under
this
34
section
,
the
department
of
human
services
may
conduct
dependent
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adult
abuse
record
checks
in
this
state
and
may
conduct
these
1
checks
in
other
states,
on
a
random
basis.
The
provisions
2
of
this
section
,
relative
to
an
evaluation
following
a
3
determination
that
a
person
has
been
convicted
of
a
crime
4
public
offense
or
has
a
record
of
founded
child
abuse,
shall
5
also
apply
to
a
random
check
conducted
under
this
subsection
.
6
6.
Beginning
July
1,
1994,
a
program
or
facility
shall
7
inform
all
new
applicants
for
employment
of
the
possibility
8
of
the
performance
of
a
record
check
and
shall
obtain,
from
9
the
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
10
information.
11
7.
On
or
after
July
1,
1994,
a
program
or
facility
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
public
offense
,
in
15
this
state
or
any
other
state?
16
Sec.
8.
Section
135B.34,
Code
2011,
is
amended
to
read
as
17
follows:
18
135B.34
Hospital
employees
——
criminal
history
and
abuse
19
record
checks
——
penalty.
20
1.
Prior
to
employment
of
a
person
in
a
hospital,
the
21
hospital
shall
request
that
the
department
of
public
safety
22
perform
a
criminal
history
check
and
the
department
of
human
23
services
perform
child
and
dependent
adult
abuse
record
checks
24
of
the
person
in
this
state.
A
hospital
shall
inform
all
25
persons
prior
to
employment
regarding
the
performance
of
the
26
record
checks
and
shall
obtain,
from
the
persons,
a
signed
27
acknowledgment
of
the
receipt
of
the
information.
A
hospital
28
shall
include
the
following
inquiry
in
an
application
for
29
employment:
30
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
31
or
have
you
ever
been
convicted
of
a
crime
public
offense
,
in
32
this
state
or
any
other
state?
33
2.
a.
If
it
is
determined
that
a
person
being
considered
34
for
employment
in
a
hospital
has
committed
a
crime
public
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offense
,
the
department
of
public
safety
shall
notify
the
1
hospital
that
upon
the
request
of
the
hospital
the
department
2
of
human
services
will
perform
an
evaluation
to
determine
3
whether
the
crime
public
offense
warrants
prohibition
of
the
4
person’s
employment
in
the
hospital.
5
b.
If
a
department
of
human
services
child
or
dependent
6
adult
abuse
record
check
shows
that
the
person
has
a
record
of
7
founded
child
or
dependent
adult
abuse,
the
department
of
human
8
services
shall
notify
the
hospital
that
upon
the
request
of
9
the
hospital
the
department
of
human
services
will
perform
an
10
evaluation
to
determine
whether
the
founded
child
or
dependent
11
adult
abuse
warrants
prohibition
of
the
person’s
employment
in
12
the
hospital.
13
c.
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
d.
(1)
If
a
person
owns
or
operates
more
than
one
hospital,
17
and
an
employee
of
one
of
such
hospitals
is
transferred
to
18
another
such
hospital
without
a
lapse
in
employment,
the
19
hospital
is
not
required
to
request
additional
criminal
and
20
child
and
dependent
adult
abuse
record
checks
of
that
employee.
21
(2)
If
the
ownership
of
a
hospital
is
transferred,
at
the
22
time
of
transfer
the
record
checks
required
by
this
section
23
shall
be
performed
for
each
employee
for
whom
there
is
no
24
documentation
that
such
record
checks
have
been
performed.
25
The
hospital
may
continue
to
employ
such
employee
pending
the
26
performance
of
the
record
checks
and
any
related
evaluation.
27
3.
In
an
evaluation,
the
department
of
human
services
shall
28
consider
the
nature
and
seriousness
of
the
crime
public
offense
29
or
founded
child
or
dependent
adult
abuse
in
relation
to
the
30
position
sought
or
held,
the
time
elapsed
since
the
commission
31
of
the
crime
public
offense
or
founded
child
or
dependent
adult
32
abuse,
the
circumstances
under
which
the
crime
public
offense
33
or
founded
child
or
dependent
adult
abuse
was
committed,
the
34
degree
of
rehabilitation,
the
likelihood
that
the
person
will
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commit
the
crime
public
offense
or
founded
child
or
dependent
1
adult
abuse
again,
and
the
number
of
crimes
public
offenses
2
or
founded
child
or
dependent
adult
abuses
committed
by
the
3
person
involved.
If
the
department
of
human
services
performs
4
an
evaluation
for
the
purposes
of
this
section
,
the
department
5
of
human
services
has
final
authority
in
determining
whether
6
prohibition
of
the
person’s
employment
is
warranted.
7
4.
a.
Except
as
provided
in
paragraph
“b”
and
subsection
8
2
,
a
person
who
has
committed
a
crime
public
offense
or
has
9
a
record
of
founded
child
or
dependent
adult
abuse
shall
not
10
be
employed
in
a
hospital
licensed
under
this
chapter
unless
11
an
evaluation
has
been
performed
by
the
department
of
human
12
services.
13
b.
A
person
with
a
criminal
or
abuse
record
who
is
employed
14
by
a
hospital
licensed
under
this
chapter
and
is
hired
by
15
another
licensee
without
a
lapse
in
employment
shall
be
subject
16
to
the
criminal
history
and
abuse
record
checks
required
17
pursuant
to
subsection
1
.
If
an
evaluation
was
previously
18
performed
by
the
department
of
human
services
concerning
19
the
person’s
criminal
or
abuse
record
and
it
was
determined
20
that
the
record
did
not
warrant
prohibition
of
the
person’s
21
employment
and
the
latest
record
checks
do
not
indicate
a
22
crime
public
offense
was
committed
or
founded
abuse
record
was
23
entered
subsequent
to
that
evaluation,
the
person
may
commence
24
employment
with
the
other
licensee
while
the
department
of
25
human
services’
evaluation
of
the
latest
record
checks
is
26
pending.
Otherwise,
the
requirements
of
paragraph
“a”
remain
27
applicable
to
the
person’s
employment.
28
5.
a.
If
a
person
employed
by
a
hospital
that
is
subject
29
to
this
section
is
convicted
of
a
crime
public
offense
or
has
30
a
record
of
founded
child
or
dependent
adult
abuse
entered
in
31
the
abuse
registry
after
the
person’s
employment
application
32
date,
the
person
shall
inform
the
hospital
of
such
information
33
within
forty-eight
hours
of
the
criminal
conviction
or
entry
34
of
the
record
of
founded
child
or
dependent
adult
abuse.
The
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hospital
shall
act
to
verify
the
information
within
forty-eight
1
hours
of
notification.
If
the
information
is
verified,
the
2
requirements
of
subsections
2,
3,
and
4
regarding
employability
3
and
evaluations
shall
be
applied
by
the
hospital
to
determine
4
whether
or
not
the
person’s
employment
is
continued.
The
5
hospital
may
continue
to
employ
the
person
pending
the
6
performance
of
an
evaluation
by
the
department
of
human
7
services
to
determine
whether
prohibition
of
the
person’s
8
employment
is
warranted.
A
person
who
is
required
by
this
9
subsection
to
inform
the
person’s
employer
of
a
conviction
or
10
entry
of
an
abuse
record
and
fails
to
do
so
within
the
required
11
period
commits
a
serious
misdemeanor.
12
b.
If
a
hospital
receives
credible
information,
as
13
determined
by
the
hospital,
that
a
person
employed
by
the
14
hospital
has
been
convicted
of
a
crime
public
offense
or
a
15
record
of
founded
child
or
dependent
adult
abuse
has
been
16
entered
in
the
abuse
registry
after
employment
from
a
person
17
other
than
the
employee
and
the
employee
has
not
informed
18
the
hospital
of
such
information
within
the
period
required
19
under
paragraph
“a”
,
the
hospital
shall
act
to
verify
the
20
credible
information
within
forty-eight
hours
of
receipt
of
21
the
credible
information.
If
the
information
is
verified,
the
22
requirements
of
subsections
2,
3,
and
4
regarding
employability
23
and
evaluations
shall
be
applied
by
the
hospital
to
determine
24
whether
or
not
the
person’s
employment
is
continued.
25
c.
The
hospital
may
notify
the
county
attorney
for
the
26
county
where
the
hospital
is
located
of
any
violation
or
27
failure
by
an
employee
to
notify
the
hospital
of
a
criminal
28
conviction
or
entry
of
an
abuse
record
within
the
period
29
required
under
paragraph
“a”
.
30
6.
A
hospital
licensed
in
this
state
may
access
the
single
31
contact
repository
established
by
the
department
pursuant
to
32
section
135C.33
as
necessary
for
the
hospital
to
perform
record
33
checks
of
persons
employed
or
being
considered
for
employment
34
by
the
hospital.
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Sec.
9.
Section
135C.33,
Code
2011,
is
amended
to
read
as
1
follows:
2
135C.33
Employees
and
certified
nurse
aide
trainees
——
child
3
or
dependent
adult
abuse
information
and
criminal
record
checks
4
——
evaluations
——
application
to
other
providers
——
penalty.
5
1.
a.
For
the
purposes
of
this
section
,
the
term
“crime”
6
“public
offense”
does
not
include
offenses
under
chapter
321
7
classified
as
a
simple
misdemeanor
chapter
321,
traffic,
or
8
scheduled
violations
or
equivalent
simple
misdemeanor
offenses
9
from
another
jurisdiction.
10
b.
Prior
to
employment
of
a
person
in
a
facility,
the
11
facility
shall
request
that
the
department
of
public
safety
12
perform
a
criminal
history
check
and
the
department
of
human
13
services
perform
child
and
dependent
adult
abuse
record
checks
14
of
the
person
in
this
state.
A
facility
shall
inform
all
15
persons
prior
to
employment
regarding
the
performance
of
the
16
record
checks
and
shall
obtain,
from
the
persons,
a
signed
17
acknowledgment
of
the
receipt
of
the
information.
A
facility
18
shall
include
the
following
inquiry
in
an
application
for
19
employment:
20
Do
you
have
a
record
of
founded
child
or
dependent
adult
21
abuse
or
have
you
ever
been
convicted
of
a
crime
public
offense
22
other
than
a
simple
misdemeanor
offense
relating
to
motor
23
vehicles
and
laws
of
the
road
under
chapter
321
or
equivalent
24
provisions,
in
this
state
or
any
other
state?
25
2.
a.
If
it
is
determined
that
a
person
being
considered
26
for
employment
in
a
facility
has
been
convicted
of
a
crime
27
public
offense
under
a
law
of
any
state,
the
department
28
of
public
safety
shall
notify
the
licensee
that
upon
the
29
request
of
the
licensee
the
department
of
human
services
will
30
perform
an
evaluation
to
determine
whether
the
crime
public
31
offense
warrants
prohibition
of
the
person’s
employment
in
the
32
facility.
33
b.
If
a
department
of
human
services
child
or
dependent
34
adult
abuse
record
check
shows
that
such
person
has
a
record
of
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founded
child
or
dependent
adult
abuse,
the
department
of
human
1
services
shall
notify
the
licensee
that
upon
the
request
of
2
the
licensee
the
department
of
human
services
will
perform
an
3
evaluation
to
determine
whether
the
founded
child
or
dependent
4
adult
abuse
warrants
prohibition
of
employment
in
the
facility.
5
c.
An
evaluation
performed
under
this
subsection
shall
6
be
performed
in
accordance
with
procedures
adopted
for
this
7
purpose
by
the
department
of
human
services.
8
d.
(1)
If
a
person
owns
or
operates
more
than
one
facility,
9
and
an
employee
of
one
of
such
facilities
is
transferred
to
10
another
such
facility
without
a
lapse
in
employment,
the
11
facility
is
not
required
to
request
additional
criminal
and
12
child
and
dependent
adult
abuse
record
checks
of
that
employee.
13
(2)
If
the
ownership
of
a
facility
is
transferred,
at
the
14
time
of
transfer
the
record
checks
required
by
this
section
15
shall
be
performed
for
each
employee
for
whom
there
is
no
16
documentation
that
such
record
checks
have
been
performed.
17
The
facility
may
continue
to
employ
such
employee
pending
the
18
performance
of
the
record
checks
and
any
related
evaluation.
19
3.
In
an
evaluation,
the
department
of
human
services
shall
20
consider
the
nature
and
seriousness
of
the
crime
public
offense
21
or
founded
child
or
dependent
adult
abuse
in
relation
to
the
22
position
sought
or
held,
the
time
elapsed
since
the
commission
23
of
the
crime
public
offense
or
founded
child
or
dependent
adult
24
abuse,
the
circumstances
under
which
the
crime
public
offense
25
or
founded
child
or
dependent
adult
abuse
was
committed,
the
26
degree
of
rehabilitation,
the
likelihood
that
the
person
will
27
commit
the
crime
public
offense
or
founded
child
or
dependent
28
adult
abuse
again,
and
the
number
of
crimes
public
offenses
29
or
founded
child
or
dependent
adult
abuses
committed
by
the
30
person
involved.
If
the
department
of
human
services
performs
31
an
evaluation
for
the
purposes
of
this
section
,
the
department
32
of
human
services
has
final
authority
in
determining
whether
33
prohibition
of
the
person’s
employment
is
warranted.
34
4.
a.
Except
as
provided
in
paragraph
“b”
and
subsection
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2
,
a
person
who
has
committed
a
crime
public
offense
or
has
1
a
record
of
founded
child
or
dependent
adult
abuse
shall
not
2
be
employed
in
a
facility
licensed
under
this
chapter
unless
3
an
evaluation
has
been
performed
by
the
department
of
human
4
services.
5
b.
A
person
with
a
criminal
or
abuse
record
who
is
employed
6
by
a
facility
licensed
under
this
chapter
and
is
hired
by
7
another
licensee
without
a
lapse
in
employment
shall
be
subject
8
to
the
criminal
history
and
abuse
record
checks
required
9
pursuant
to
subsection
1
.
If
an
evaluation
was
previously
10
performed
by
the
department
of
human
services
concerning
11
the
person’s
criminal
or
abuse
record
and
it
was
determined
12
that
the
record
did
not
warrant
prohibition
of
the
person’s
13
employment
and
the
latest
record
checks
do
not
indicate
a
14
crime
public
offense
was
committed
or
founded
abuse
record
was
15
entered
subsequent
to
that
evaluation,
the
person
may
commence
16
employment
with
the
other
licensee
while
the
department
of
17
human
services’
evaluation
of
the
latest
record
checks
is
18
pending.
Otherwise,
the
requirements
of
paragraph
“a”
remain
19
applicable
to
the
person’s
employment.
20
5.
a.
This
section
shall
also
apply
to
prospective
21
employees
of
all
of
the
following,
if
the
provider
is
regulated
22
by
the
state
or
receives
any
state
or
federal
funding:
23
(1)
An
employee
of
a
homemaker-home
health
aide,
home
care
24
aide,
adult
day
services,
or
other
provider
of
in-home
services
25
if
the
employee
provides
direct
services
to
consumers.
26
(2)
An
employee
of
a
hospice,
if
the
employee
provides
27
direct
services
to
consumers.
28
(3)
An
employee
who
provides
direct
services
to
consumers
29
under
a
federal
home
and
community-based
services
waiver.
30
(4)
An
employee
of
an
elder
group
home
certified
under
31
chapter
231B
,
if
the
employee
provides
direct
services
to
32
consumers.
33
(5)
An
employee
of
an
assisted
living
program
certified
34
under
chapter
231C
,
if
the
employee
provides
direct
services
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to
consumers.
1
b.
In
substantial
conformance
with
the
provisions
of
2
this
section
,
prior
to
the
employment
of
such
an
employee,
3
the
provider
shall
request
the
performance
of
the
criminal
4
and
child
and
dependent
adult
abuse
record
checks.
The
5
provider
shall
inform
the
prospective
employee
and
obtain
the
6
prospective
employee’s
signed
acknowledgment.
The
department
7
of
human
services
shall
perform
the
evaluation
of
any
criminal
8
record
or
founded
child
or
dependent
adult
abuse
record
and
9
shall
make
the
determination
of
whether
a
prospective
employee
10
of
a
provider
shall
not
be
employed
by
the
provider.
11
6.
a.
The
department
of
inspections
and
appeals,
in
12
conjunction
with
other
departments
and
agencies
of
state
13
government
involved
with
criminal
history
and
abuse
registry
14
information,
shall
establish
a
single
contact
repository
for
15
facilities
and
other
providers
to
have
electronic
access
to
16
data
to
perform
background
checks
for
purposes
of
employment,
17
as
required
of
the
facilities
and
other
providers
under
this
18
section
.
19
b.
The
department
may
access
the
single
contact
repository
20
for
any
of
the
following
purposes:
21
(1)
To
verify
data
transferred
from
the
department’s
nurse
22
aide
registry
to
the
repository.
23
(2)
To
conduct
record
checks
of
applicants
for
employment
24
with
the
department.
25
7.
a.
If
a
person
employed
by
a
facility,
service,
or
26
program
employer
that
is
subject
to
this
section
is
convicted
27
of
a
crime
public
offense
or
has
a
record
of
founded
child
or
28
dependent
adult
abuse
entered
in
the
abuse
registry
after
the
29
person’s
employment
application
date,
the
person
shall
inform
30
the
employer
of
such
information
within
forty-eight
hours
of
31
the
criminal
conviction
or
entry
of
the
record
of
founded
child
32
or
dependent
adult
abuse.
The
employer
shall
act
to
verify
the
33
information
within
forty-eight
hours
of
notification.
If
the
34
information
is
verified,
the
requirements
of
subsections
2,
3,
35
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and
4
regarding
employability
and
evaluations
shall
be
applied
1
by
the
employer
to
determine
whether
or
not
the
person’s
2
employment
is
continued.
The
employer
may
continue
to
employ
3
the
person
pending
the
performance
of
an
evaluation
by
the
4
department
of
human
services
to
determine
whether
prohibition
5
of
the
person’s
employment
is
warranted.
A
person
who
is
6
required
by
this
subsection
to
inform
the
person’s
employer
of
7
a
conviction
or
entry
of
an
abuse
record
and
fails
to
do
so
8
within
the
required
period
commits
a
serious
misdemeanor.
9
b.
If
a
facility,
service,
or
program
employer
receives
10
credible
information,
as
determined
by
the
employer,
that
a
11
person
employed
by
the
employer
has
been
convicted
of
a
crime
12
public
offense
or
a
record
of
founded
child
or
dependent
adult
13
abuse
has
been
entered
in
the
abuse
registry
after
employment
14
from
a
person
other
than
the
employee
and
the
employee
has
not
15
informed
the
employer
of
such
information
within
the
period
16
required
under
paragraph
“a”
,
the
employer
shall
act
to
verify
17
the
credible
information
within
forty-eight
hours
of
receipt
of
18
the
credible
information.
If
the
information
is
verified,
the
19
requirements
of
subsections
2,
3,
and
4
regarding
employability
20
and
evaluations
shall
be
applied
to
determine
whether
or
not
21
the
person’s
employment
is
continued.
22
c.
The
employer
may
notify
the
county
attorney
for
the
23
county
where
the
employer
is
located
of
any
violation
or
24
failure
by
an
employee
to
notify
the
employer
of
a
criminal
25
conviction
or
entry
of
an
abuse
record
within
the
period
26
required
under
paragraph
“a”
.
27
8.
a.
For
the
purposes
of
this
subsection
,
unless
the
28
context
otherwise
requires:
29
(1)
“Certified
nurse
aide
training
program”
means
a
program
30
approved
in
accordance
with
the
rules
for
such
programs
adopted
31
by
the
department
of
human
services
for
the
training
of
persons
32
seeking
to
be
a
certified
nurse
aide
for
employment
in
any
of
33
the
facilities
or
programs
this
section
applies
to
or
in
a
34
hospital,
as
defined
in
section
135B.1
.
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(2)
“Student”
means
a
person
applying
for,
enrolled
in,
or
1
returning
to
a
certified
nurse
aide
training
program.
2
b.
Prior
to
a
student
beginning
or
returning
to
a
certified
3
nurse
aide
training
program,
the
program
shall
request
that
4
the
department
of
public
safety
perform
a
criminal
history
5
check
and
the
department
of
human
services
perform
child
and
6
dependent
adult
abuse
record
checks,
in
this
state,
of
the
7
student.
The
program
may
access
the
single
contact
repository
8
established
pursuant
to
this
section
as
necessary
for
the
9
program
to
initiate
the
record
checks.
10
c.
If
a
student
has
a
criminal
record
or
a
record
of
11
founded
child
or
dependent
adult
abuse,
the
student
shall
12
not
be
involved
in
a
clinical
education
component
of
the
13
certified
nurse
aide
training
program
involving
children
or
14
dependent
adults
unless
an
evaluation
has
been
performed
by
the
15
department
of
human
services.
Upon
request
of
the
certified
16
nurse
aide
training
program,
the
department
of
human
services
17
shall
perform
an
evaluation
to
determine
whether
the
record
18
warrants
prohibition
of
the
student’s
involvement
in
a
clinical
19
education
component
of
the
certified
nurse
aide
training
20
program
involving
children
or
dependent
adults.
The
evaluation
21
shall
be
performed
in
accordance
with
the
criteria
specified
in
22
subsection
3
,
and
the
department
of
human
services
shall
report
23
the
results
of
the
evaluation
to
the
certified
nurse
aide
24
training
program.
The
department
of
human
services
has
final
25
authority
in
determining
whether
prohibition
of
the
student’s
26
involvement
in
the
clinical
education
component
is
warranted.
27
d.
(1)
If
a
student
is
convicted
of
a
crime
public
offense
28
or
has
a
record
of
founded
child
or
dependent
adult
abuse
29
entered
in
the
abuse
registry
after
the
record
checks
and
any
30
evaluation
have
been
performed,
the
student
shall
inform
the
31
certified
nurse
aide
training
program
of
such
information
32
within
forty-eight
hours
of
the
criminal
conviction
or
entry
33
of
the
record
of
founded
child
or
dependent
adult
abuse.
The
34
program
shall
act
to
verify
the
information
within
forty-eight
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hours
of
notification.
If
the
information
is
verified,
the
1
requirements
of
paragraph
“c”
shall
be
applied
by
the
program
2
to
determine
whether
or
not
the
student’s
involvement
in
3
a
clinical
education
component
may
continue.
The
program
4
may
allow
the
student
involvement
to
continue
pending
the
5
performance
of
an
evaluation
by
the
department
of
human
6
services.
A
student
who
is
required
by
this
subparagraph
to
7
inform
the
program
of
a
conviction
or
entry
of
an
abuse
record
8
and
fails
to
do
so
within
the
required
period
commits
a
serious
9
misdemeanor.
10
(2)
If
a
program
receives
credible
information,
as
11
determined
by
the
program,
that
a
student
has
been
convicted
12
of
a
crime
public
offense
or
a
record
of
founded
child
or
13
dependent
adult
abuse
has
been
entered
in
the
abuse
registry
14
after
the
record
checks
and
any
evaluation
have
been
performed,
15
from
a
person
other
than
the
student
and
the
student
has
not
16
informed
the
program
of
such
information
within
the
period
17
required
under
subparagraph
(1),
the
program
shall
act
to
18
verify
the
credible
information
within
forty-eight
hours
of
19
receipt
of
the
credible
information.
If
the
information
is
20
verified,
the
requirements
of
paragraph
“c”
shall
be
applied
21
to
determine
whether
or
not
the
student’s
involvement
in
a
22
clinical
education
component
may
continue.
23
(3)
The
program
may
notify
the
county
attorney
for
the
24
county
where
the
program
is
located
of
any
violation
or
failure
25
by
a
student
to
notify
the
program
of
a
criminal
conviction
26
or
entry
of
an
abuse
record
within
the
period
required
under
27
subparagraph
(1).
28
e.
If
a
certified
nurse
aide
training
program
is
conducted
29
by
a
health
care
facility
and
a
student
of
that
program
30
subsequently
accepts
and
begins
employment
with
the
facility
31
within
thirty
days
of
completing
the
program,
the
criminal
32
history
and
abuse
registry
checks
of
the
student
performed
33
pursuant
to
this
subsection
shall
be
deemed
to
fulfill
the
34
requirements
for
such
checks
prior
to
employment
pursuant
to
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subsection
1
.
1
Sec.
10.
Section
135H.7,
Code
2011,
is
amended
to
read
as
2
follows:
3
135H.7
Personnel.
4
1.
A
person
shall
not
be
allowed
to
provide
services
in
a
5
psychiatric
institution
if
the
person
has
a
disease
which
is
6
transmissible
to
other
persons
through
required
contact
in
the
7
workplace,
which
presents
a
significant
risk
of
infecting
other
8
persons,
which
presents
a
substantial
possibility
of
harming
9
other
persons,
or
for
which
no
reasonable
accommodation
can
10
eliminate
the
risk
of
infecting
other
persons.
11
2.
a.
If
a
person
is
being
considered
for
licensure
under
12
this
chapter
,
or
for
employment
involving
direct
responsibility
13
for
a
child
or
with
access
to
a
child
when
the
child
is
alone,
14
by
a
licensed
psychiatric
institution,
or
if
a
person
will
15
reside
in
a
facility
utilized
by
a
licensee,
and
if
the
person
16
has
been
convicted
of
a
crime
public
offense
or
has
a
record
17
of
founded
child
abuse,
the
department
of
human
services
and
18
the
licensee,
for
an
employee
of
the
licensee,
shall
perform
19
an
evaluation
to
determine
whether
the
crime
public
offense
20
or
founded
child
abuse
warrants
prohibition
of
licensure,
21
employment,
or
residence
in
the
facility.
The
department
of
22
human
services
shall
conduct
criminal
and
child
abuse
record
23
checks
in
this
state
and
may
conduct
these
checks
in
other
24
states.
The
evaluation
shall
be
performed
in
accordance
with
25
procedures
adopted
for
this
purpose
by
the
department
of
human
26
services.
27
b.
If
the
department
of
human
services
determines
that
a
28
person
has
committed
a
crime
public
offense
or
has
a
record
of
29
founded
child
abuse
and
is
licensed,
employed
by
a
psychiatric
30
institution
licensed
under
this
chapter
,
or
resides
in
a
31
licensed
facility
the
department
shall
notify
the
program
32
that
an
evaluation
will
be
conducted
to
determine
whether
33
prohibition
of
the
person’s
licensure,
employment,
or
residence
34
is
warranted.
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c.
In
an
evaluation,
the
department
of
human
services
and
1
the
licensee
for
an
employee
of
the
licensee
shall
consider
the
2
nature
and
seriousness
of
the
crime
public
offense
or
founded
3
child
abuse
in
relation
to
the
position
sought
or
held,
the
4
time
elapsed
since
the
commission
of
the
crime
public
offense
5
or
founded
child
abuse,
the
circumstances
under
which
the
crime
6
public
offense
or
founded
child
abuse
was
committed,
the
degree
7
of
rehabilitation,
the
likelihood
that
the
person
will
commit
8
the
crime
public
offense
or
founded
child
abuse
again,
and
9
the
number
of
crimes
public
offenses
or
founded
child
abuses
10
committed
by
the
person
involved.
The
department
may
permit
a
11
person
who
is
evaluated
to
be
licensed,
employed,
or
to
reside,
12
or
to
continue
to
be
licensed,
employed,
or
to
reside
in
a
13
licensed
facility,
if
the
person
complies
with
the
department’s
14
conditions
relating
to
the
person’s
licensure,
employment,
or
15
residence,
which
may
include
completion
of
additional
training.
16
For
an
employee
of
a
licensee,
these
conditional
requirements
17
shall
be
developed
with
the
licensee.
The
department
of
18
human
services
has
final
authority
in
determining
whether
19
prohibition
of
the
person’s
licensure,
employment,
or
residence
20
is
warranted
and
in
developing
any
conditional
requirements
21
under
this
paragraph.
22
3.
If
the
department
of
human
services
determines
that
the
23
person
has
committed
a
crime
public
offense
or
has
a
record
of
24
founded
child
abuse
which
warrants
prohibition
of
licensure,
25
employment,
or
residence,
the
person
shall
not
be
licensed
26
under
this
chapter
to
operate
a
psychiatric
institution
and
27
shall
not
be
employed
by
a
psychiatric
institution
or
reside
in
28
a
facility
licensed
under
this
chapter
.
29
4.
In
addition
to
the
record
checks
required
under
30
subsection
2
,
the
department
of
human
services
may
conduct
31
dependent
adult
abuse
record
checks
in
this
state
and
may
32
conduct
these
checks
in
other
states,
on
a
random
basis.
The
33
provisions
of
subsections
2
and
3
,
relative
to
an
evaluation
34
following
a
determination
that
a
person
has
been
convicted
of
a
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crime
public
offense
or
has
a
record
of
founded
child
abuse,
1
shall
also
apply
to
a
random
dependent
adult
abuse
record
check
2
conducted
under
this
subsection
.
3
5.
Beginning
July
1,
1994,
a
licensee
shall
inform
all
new
4
applicants
for
employment
of
the
possibility
of
the
performance
5
of
a
record
check
and
shall
obtain,
from
the
applicant,
a
6
signed
acknowledgment
of
the
receipt
of
the
information.
7
6.
On
or
after
July
1,
1994,
a
licensee
shall
include
the
8
following
inquiry
in
an
application
for
employment:
9
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
10
or
have
you
ever
been
convicted
of
a
crime
public
offense
,
in
11
this
state
or
any
other
state?
12
Sec.
11.
Section
147.55,
subsection
5,
Code
2011,
is
amended
13
to
read
as
follows:
14
5.
Conviction
of
a
crime
felony
related
to
the
profession
15
or
occupation
of
the
licensee
or
the
conviction
of
any
crime
16
felony
that
would
affect
the
licensee’s
ability
to
practice
17
within
a
profession.
A
copy
of
the
record
of
conviction
or
18
plea
of
guilty
shall
be
conclusive
evidence.
19
Sec.
12.
Section
148.6,
subsection
2,
paragraph
b,
Code
20
2011,
is
amended
to
read
as
follows:
21
b.
Being
convicted
of
a
felony
in
the
courts
of
this
state
22
or
another
state,
territory,
or
country.
Conviction
as
used
in
23
this
paragraph
shall
include
a
conviction
of
an
offense
which
24
if
committed
in
this
state
would
be
deemed
a
felony
without
25
regard
to
its
designation
elsewhere
,
or
a
criminal
proceeding
26
in
which
a
finding
or
verdict
of
guilt
is
made
or
returned,
but
27
the
adjudication
of
guilt
is
either
withheld
or
not
entered
.
28
A
certified
copy
of
the
final
order
or
judgment
of
conviction
29
or
plea
of
guilty
in
this
state
or
in
another
state
shall
be
30
conclusive
evidence.
31
Sec.
13.
Section
153.34,
subsection
9,
Code
2011,
is
amended
32
to
read
as
follows:
33
9.
For
the
conviction
of
a
felony
in
the
courts
of
this
34
state
or
another
state,
territory,
or
country.
Conviction
as
35
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used
in
this
subsection
includes
a
conviction
of
an
offense
1
which
if
committed
in
this
state
would
be
a
felony
without
2
regard
to
its
designation
elsewhere
,
and
includes
a
finding
or
3
verdict
of
guilt
made
or
returned
in
a
criminal
proceeding
even
4
if
the
adjudication
of
guilt
is
withheld
or
not
entered
.
A
5
certified
copy
of
the
final
order
or
judgment
of
conviction
or
6
plea
of
guilty
in
this
state
or
in
another
state
constitutes
7
conclusive
evidence
of
the
conviction.
8
Sec.
14.
Section
156.9,
subsection
2,
paragraph
e,
Code
9
2011,
is
amended
to
read
as
follows:
10
e.
Conviction
of
any
crime
felony
related
to
the
practice
11
of
mortuary
science
or
implicating
the
licensee’s
competence
12
to
safely
perform
mortuary
science
services,
including
but
13
not
limited
to
a
crime
felony
involving
moral
character,
14
dishonesty,
fraud,
theft,
embezzlement,
extortion,
or
15
controlled
substances,
in
a
court
of
competent
jurisdiction
in
16
this
state,
or
in
another
state,
territory,
or
district
of
the
17
United
States,
or
in
a
foreign
jurisdiction.
For
purposes
of
18
this
paragraph,
“conviction”
includes
a
guilty
plea,
deferred
19
judgment,
or
other
finding
of
guilt.
A
certified
copy
of
the
20
judgment
is
prima
facie
evidence
of
the
conviction.
21
Sec.
15.
Section
156.15,
subsection
2,
paragraph
a,
Code
22
2011,
is
amended
to
read
as
follows:
23
a.
Been
convicted
of
a
felony
or
any
crime
related
to
the
24
practice
of
mortuary
science
or
implicating
the
establishment’s
25
ability
to
safely
perform
mortuary
science
services,
or
if
the
26
applicant
is
an
association,
joint
stock
company,
partnership,
27
or
corporation,
that
a
managing
officer
or
owner
has
been
28
convicted
of
such
a
crime
felony
,
under
the
laws
of
this
state,
29
another
state,
or
the
United
States.
30
Sec.
16.
Section
169.13,
subsection
1,
paragraph
b,
Code
31
2011,
is
amended
to
read
as
follows:
32
b.
Being
convicted
of
a
felony
in
the
courts
of
this
state
33
or
another
state,
territory,
or
country.
Conviction
as
used
34
in
this
paragraph
includes
a
conviction
of
an
offense
which
35
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if
committed
in
this
state
would
be
deemed
a
felony
without
1
regard
to
its
designation
elsewhere
,
or
a
criminal
proceeding
2
in
which
a
finding
or
verdict
of
guilt
is
made
or
returned,
but
3
the
adjudication
or
guilt
is
either
withheld
or
not
entered.
A
4
certified
copy
of
the
final
order
or
judgment
of
conviction
or
5
plea
of
guilty
in
this
state
or
in
another
state
is
conclusive
6
evidence
.
7
Sec.
17.
Section
237.8,
Code
2011,
is
amended
to
read
as
8
follows:
9
237.8
Personnel.
10
1.
A
person
shall
not
be
allowed
to
provide
services
in
a
11
facility
if
the
person
has
a
disease
which
is
transmissible
to
12
other
persons
through
required
contact
in
the
workplace,
which
13
presents
a
significant
risk
of
infecting
other
persons,
which
14
presents
a
substantial
possibility
of
harming
other
persons,
or
15
for
which
no
reasonable
accommodation
can
eliminate
the
risk
of
16
infecting
other
persons.
17
2.
a.
(1)
If
a
person
is
being
considered
for
licensure
18
under
this
chapter
,
or
for
employment
involving
direct
19
responsibility
for
a
child
or
with
access
to
a
child
when
the
20
child
is
alone,
by
a
licensee
under
this
chapter
,
or
if
a
21
person
will
reside
in
a
facility
utilized
by
a
licensee,
and
22
if
the
person
has
been
convicted
of
a
crime
public
offense
23
or
has
a
record
of
founded
child
abuse,
the
department
and
24
the
licensee
for
an
employee
of
the
licensee
shall
perform
25
an
evaluation
to
determine
whether
the
crime
public
offense
26
or
founded
child
abuse
warrants
prohibition
of
licensure,
27
employment,
or
residence
in
the
facility.
The
department
shall
28
conduct
criminal
and
child
abuse
record
checks
in
this
state
29
and
may
conduct
these
checks
in
other
states.
The
evaluation
30
shall
be
performed
in
accordance
with
procedures
adopted
for
31
this
purpose
by
the
department.
32
(2)
For
an
individual
subject
to
licensure
under
this
33
chapter
as
a
foster
parent,
in
addition
to
the
record
checks
34
conducted
under
subparagraph
(1),
the
individual’s
fingerprints
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shall
be
provided
to
the
department
of
public
safety
for
1
submission
through
the
state
criminal
history
repository
to
2
the
United
States
department
of
justice,
federal
bureau
of
3
investigation
for
a
national
criminal
history
check.
The
cost
4
of
the
criminal
history
check
conducted
under
this
subparagraph
5
is
the
responsibility
of
the
department
of
human
services.
6
(3)
If
the
criminal
and
child
abuse
record
checks
conducted
7
in
this
state
under
subparagraph
(1)
for
an
individual
8
being
considered
for
licensure
as
a
foster
parent
have
been
9
completed
and
the
individual
either
does
not
have
a
record
of
10
crime
a
public
offense
or
founded
abuse
or
the
department’s
11
evaluation
of
the
record
has
determined
that
prohibition
of
the
12
individual’s
licensure
is
not
warranted,
the
individual
may
be
13
provisionally
approved
for
licensure
pending
the
outcome
of
the
14
fingerprint-based
criminal
history
check
conducted
pursuant
to
15
subparagraph
(2).
16
(4)
An
individual
applying
to
be
a
foster
parent
licensee
17
shall
not
be
granted
a
license
and
an
evaluation
shall
not
be
18
performed
under
this
subsection
if
the
individual
has
been
19
convicted
of
any
of
the
following
felony
offenses:
20
(a)
Within
the
five-year
period
preceding
the
application
21
date,
a
drug-related
offense.
22
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
23
dependent
person.
24
(c)
Domestic
abuse.
25
(d)
A
crime
public
offense
against
a
child,
including
but
26
not
limited
to
sexual
exploitation
of
a
minor.
27
(e)
A
forcible
felony.
28
b.
Except
as
otherwise
provided
in
paragraph
“a”
,
if
the
29
department
determines
that
a
person
has
committed
a
crime
30
public
offense
or
has
a
record
of
founded
child
abuse
and
is
31
licensed,
employed
by
a
licensee,
or
resides
in
a
licensed
32
facility
the
department
shall
notify
the
licensee
that
an
33
evaluation
will
be
conducted
to
determine
whether
prohibition
34
of
the
person’s
licensure,
employment,
or
residence
is
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warranted.
1
c.
In
an
evaluation,
the
department
and
the
licensee
for
2
an
employee
of
the
licensee
shall
consider
the
nature
and
3
seriousness
of
the
crime
public
offense
or
founded
child
abuse
4
in
relation
to
the
position
sought
or
held,
the
time
elapsed
5
since
the
commission
of
the
crime
public
offense
or
founded
6
child
abuse,
the
circumstances
under
which
the
crime
public
7
offense
or
founded
child
abuse
was
committed,
the
degree
of
8
rehabilitation,
the
likelihood
that
the
person
will
commit
9
the
crime
public
offense
or
founded
child
abuse
again,
and
10
the
number
of
crimes
public
offenses
or
founded
child
abuses
11
committed
by
the
person
involved.
The
department
may
permit
a
12
person
who
is
evaluated
to
be
licensed,
employed,
or
to
reside,
13
or
to
continue
to
be
licensed,
employed,
or
to
reside
in
a
14
licensed
facility,
if
the
person
complies
with
the
department’s
15
conditions
relating
to
the
person’s
licensure,
employment,
or
16
residence,
which
may
include
completion
of
additional
training.
17
For
an
employee
of
a
licensee,
these
conditional
requirements
18
shall
be
developed
with
the
licensee.
The
department
has
final
19
authority
in
determining
whether
prohibition
of
the
person’s
20
licensure,
employment,
or
residence
is
warranted
and
in
21
developing
any
conditional
requirements
under
this
paragraph.
22
d.
If
the
department
determines
that
the
person
has
23
committed
a
crime
public
offense
or
has
a
record
of
founded
24
child
abuse
which
warrants
prohibition
of
licensure,
25
employment,
or
residence,
the
person
shall
not
be
licensed
26
under
this
chapter
and
shall
not
be
employed
by
a
licensee
or
27
reside
in
a
licensed
facility.
28
3.
In
addition
to
the
record
checks
required
under
29
subsection
2
,
the
department
of
human
services
may
conduct
30
dependent
adult
abuse
record
checks
in
this
state
and
may
31
conduct
these
checks
in
other
states,
on
a
random
basis.
The
32
provisions
of
subsection
2
,
relative
to
an
evaluation
following
33
a
determination
that
a
person
has
been
convicted
of
a
crime
34
public
offense
or
has
a
record
of
founded
child
abuse,
shall
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also
apply
to
a
random
check
conducted
under
this
subsection
.
1
4.
On
or
after
July
1,
1994,
a
licensee
shall
inform
all
new
2
applicants
for
employment
of
the
possibility
of
the
performance
3
of
a
record
check
and
shall
obtain,
from
the
applicant,
a
4
signed
acknowledgment
of
the
receipt
of
the
information.
5
5.
On
or
after
July
1,
1994,
a
licensee
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
public
offense
,
in
9
this
state
or
any
other
state?
10
Sec.
18.
Section
237A.5,
subsection
2,
paragraph
a,
11
subparagraph
(3),
subparagraph
division
(a),
Code
2011,
is
12
amended
to
read
as
follows:
13
(a)
Conviction
of
a
crime
public
offense
.
14
Sec.
19.
Section
237A.20,
Code
2011,
is
amended
to
read
as
15
follows:
16
237A.20
Injunction.
17
A
person
who
establishes,
conducts,
manages,
or
operates
a
18
center
without
a
license
or
a
child
development
home
without
a
19
certificate
of
registration,
if
registration
is
required
under
20
section
237A.3A
,
may
be
restrained
by
temporary
or
permanent
21
injunction.
A
person
who
has
been
convicted
of
a
crime
felony
22
against
a
person,
a
person
with
a
record
of
founded
child
23
abuse,
or
a
person
who
has
been
prohibited
by
the
department
24
from
involvement
with
child
care
may
be
restrained
by
25
temporary
or
permanent
injunction
from
providing
unregistered,
26
registered,
or
licensed
child
care
or
from
other
involvement
27
with
child
care.
The
action
may
be
instituted
by
the
state,
28
the
county
attorney,
a
political
subdivision
of
the
state,
or
29
an
interested
person.
30
Sec.
20.
Section
523A.503,
subsection
1,
paragraph
f,
Code
31
2011,
is
amended
to
read
as
follows:
32
f.
Conviction
of
a
criminal
public
offense
involving
33
dishonesty
or
a
false
statement
including
but
not
limited
34
to
fraud,
theft,
misappropriation
of
funds,
falsification
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of
documents,
deceptive
acts
or
practices,
or
other
related
1
offenses.
2
Sec.
21.
Section
543B.15,
subsection
3,
paragraph
c,
Code
3
2011,
is
amended
by
striking
the
paragraph.
4
Sec.
22.
Section
543B.29,
subsection
1,
paragraph
f,
5
unnumbered
paragraph
1,
Code
Supplement
2011,
is
amended
to
6
read
as
follows:
7
Conviction
of
an
offense
a
felony
included
in
section
8
543B.15,
subsection
3
.
For
purposes
of
this
section
,
9
“conviction”
means
a
conviction
for
an
indictable
offense
and
10
includes
the
court’s
acceptance
of
a
guilty
plea,
a
deferred
11
judgment
from
the
time
of
entry
of
the
deferred
judgment
until
12
the
time
the
defendant
is
discharged
by
the
court
without
entry
13
of
judgment,
or
other
finding
of
guilt
by
a
court
of
competent
14
jurisdiction.
A
copy
of
the
record
of
conviction
,
guilty
plea,
15
deferred
judgment,
or
other
finding
of
guilt
is
conclusive
16
evidence.
17
EXPLANATION
18
This
bill
relates
to
the
grounds
that
an
agency
may
use
19
to
deny,
revoke,
or
suspend
a
professional
or
occupational
20
license.
Currently,
many
licensing
statutes
cite
as
21
disciplinary
grounds
conviction
of
a
“crime”
related
to
the
22
profession
or
occupation.
The
bill
substitutes
“felony”
for
23
“crime”,
except
for
those
occupations
relating
to
the
care
24
of
the
ill,
the
elderly
or
infirm,
or
the
care
of
children
25
in
which
case
“public
offense”
is
substituted.
The
term
26
“public
offense”
is
defined
in
Code
section
701.2
as
“that
27
which
is
prohibited
by
statute
and
is
punishable
by
fine
or
28
imprisonment”.
29
The
bill
requires
that
each
board
or
commission
adopt
rules
30
of
procedure
for
the
conduct
of
agency
meetings.
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