Bill Text: IA HF2435 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to background checks for employees and students of certain facilities, providers, programs, and agencies. (Formerly HSB 570.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-03-10 - Withdrawn. H.J. 565. [HF2435 Detail]
Download: Iowa-2019-HF2435-Introduced.html
House
File
2435
-
Introduced
HOUSE
FILE
2435
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
570)
A
BILL
FOR
An
Act
relating
to
background
checks
for
employees
and
students
1
of
certain
facilities,
providers,
programs,
and
agencies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
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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
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——
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.
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(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.
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(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
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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
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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.
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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
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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
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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
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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.
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(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.
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(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
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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
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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
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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
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