Text: HSB513            Text: HSB515


House Study Bill 514

SENATE/HOUSE FILE 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 jp/nh PAG LIN 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 jp/nh
Text: HSB513            Text: HSB515