House Study Bill 514
BY (PROPOSED DEPARTMENT OF
INSPECTIONS AND APPEALS BILL)
A BILL FOR
1 An Act requiring criminal history and abuse registry checks for
2 certified nurse aide training program students and providing
3 a penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5399DP (4) 83
1 1 Section 1. Section 135C.33, Code Supplement 2009, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 8. a. For the purposes of this subsection,
1 4 unless the context otherwise requires:
1 5 (1) "Certified nurse aide training program" means a program
1 6 approved in accordance with the rules for such programs adopted
1 7 by the department of human services for the training of persons
1 8 seeking to be a certified nurse aide for employment in any of
1 9 the facilities or programs this section applies to or in a
1 10 hospital, as defined in Code section 135B.1.
1 11 (2) "Student" means a person applying for, enrolled in, or
1 12 returning to a certified nurse aide training program.
1 13 b. A certified nurse aide training program shall request
1 14 that the department of public safety perform a criminal history
1 15 check and the department of human services perform child and
1 16 dependent adult abuse record checks, in this state, of the
1 17 program's students. The program may access the single contact
1 18 repository established pursuant to this section as necessary
1 19 for the program to initiate the record checks.
1 20 c. If a student has a criminal record or a record of
1 21 founded child or dependent adult abuse, the student shall
1 22 not be involved in a clinical education component of the
1 23 certified nurse aide training program involving children or
1 24 dependent adults unless an evaluation has been performed by the
1 25 department of human services. Upon request of the certified
1 26 nurse aide training program, the department of human services
1 27 shall perform an evaluation to determine whether the record
1 28 warrants prohibition of the student's involvement in a clinical
1 29 education component of the certified nurse aide training
1 30 program involving children or dependent adults. The evaluation
1 31 shall be performed in accordance with the criteria specified in
1 32 subsection 3 and the department of human services shall report
1 33 the results of the evaluation to the certified nurse aide
1 34 training program. The department of human services has final
1 35 authority in determining whether prohibition of the student's
2 1 involvement in the clinical education component is warranted.
2 2 d. (1) If a student is convicted of a crime or has a
2 3 record of founded child or dependent adult abuse entered in the
2 4 abuse registry after the record checks and any evaluation have
2 5 been performed, the student shall inform the certified nurse
2 6 aide training program of such information within forty=eight
2 7 hours of the criminal conviction or entry of the record of
2 8 founded child or dependent adult abuse. The program shall
2 9 act to verify the information within forty=eight hours of
2 10 notification. If the information is verified, the requirements
2 11 of paragraph "c" shall be applied by the program to determine
2 12 whether or not the student's involvement in a clinical
2 13 education component may continue. The program may allow the
2 14 student involvement to continue pending the performance of an
2 15 evaluation by the department of human services. A student
2 16 who is required by this subparagraph to inform the program of
2 17 a conviction or entry of an abuse record and fails to do so
2 18 within the required period commits a serious misdemeanor.
2 19 (2) If a program receives credible information, as
2 20 determined by the program, that a student has been convicted
2 21 of a crime or a record of founded child or dependent adult
2 22 abuse has been entered in the abuse registry after the record
2 23 checks and any evaluation have been performed, from a person
2 24 other than the student and the student has not informed the
2 25 program of such information within the period required under
2 26 subparagraph (1), the program shall act to verify the credible
2 27 information within forty=eight hours of receipt of the credible
2 28 information. If the information is verified, the requirements
2 29 of paragraph "c" shall be applied to determine whether or not
2 30 the student's involvement in a clinical education component may
2 31 continue.
2 32 (3) The program may notify the county attorney for the
2 33 county where the program is located of any violation or failure
2 34 by a student to notify the program of a criminal conviction
2 35 or entry of an abuse record within the period required under
3 1 subparagraph (1).
3 2 EXPLANATION
3 3 This bill requires criminal history and abuse registry
3 4 checks for certified nurse aide training program students.
3 5 The bill establishes the requirement in Code section 135C.33,
3 6 relating to such record checks for prospective employees
3 7 of nursing facilities, various types of in=home services,
3 8 hospices, elder group homes, and assisted living programs.
3 9 The terms "certified nurse aide training program" and
3 10 "student" are defined. Certified nurse aide training programs
3 11 are authorized to access the single contact repository
3 12 established by the department of inspections and appeals for
3 13 performing the criminal history and abuse registry checks.
3 14 If a nurse aide student has a criminal record or a record of
3 15 founded child or dependent adult abuse, the student cannot be
3 16 involved in a clinical education component of a certified nurse
3 17 aide training program involving children or dependent adults
3 18 unless an evaluation has been performed by the department
3 19 of human services to determine whether the record warrants
3 20 prohibition of the student's involvement in the component.
3 21 The department of human services is required to perform the
3 22 evaluation if requested to do so by the training program. The
3 23 evaluation is to be performed in accordance with the existing
3 24 criteria for employment=related evaluations. The department of
3 25 human services has final authority to make the determination.
3 26 The bill includes an ongoing notification requirement
3 27 that is similar to the employment=related requirement in
3 28 Code section 135C.33. If, after the record checks and any
3 29 evaluation have been performed, a student is convicted of a
3 30 crime or has a record of founded abuse entered, the student is
3 31 required to notify the program of that information within 48
3 32 hours. Failure to comply is a criminal offense punishable as a
3 33 serious misdemeanor. A serious misdemeanor is punishable by
3 34 confinement for no more than one year and a fine of at least
3 35 $315 but not more than $1,875.
4 1 If the program receives credible information that such
4 2 conviction or record has been entered and the student had not
4 3 provided the required notification, the program is required to
4 4 act to verify the information within 48 hours of receiving it.
4 5 The evaluation provisions apply if the offense was committed
4 6 or record entered. A program may notify the county attorney
4 7 regarding a student's failure to comply with the notification
4 8 requirement.
LSB 5399DP (4) 83