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
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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.
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