Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 51 - Hospitals › Rule 481-51.41 - Criminal, Dependent Adult Abuse, and Child Abuse Record Checks

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
The following definitions apply for the purposes
				of this rule.
"Background check"
or
"record
				  check"
means criminal history, child abuse and dependent adult abuse
				  record checks.
"Comprehensive preliminary background check"
means a criminal history check of all states in which the applicant has worked
				  or resided over the seven-year period immediately prior to submitting an
				  application for employment that is conducted by an approved third-party
				  vendor.
"Direct services"
means services provided
				  through person-to-person contact. "Direct services" excludes services provided
				  by individuals such as building contractors, repair workers, or others who are
				  in a hospital for a very limited purpose, who are not in the hospital on a
				  regular basis, and who do not provide any treatment or services for the
				  patients of the hospital.
"Employee"
means any individual who is paid
				  either by the hospital or any other entity (i.e., temporary agency, private
				  duty, Medicare/Medicaid or independent contractors) to provide direct or
				  indirect services to patients of a hospital.
"Evaluation "
means review by the department
				  of human services to determine whether a founded child abuse, dependent adult
				  abuse or criminal conviction warrants the person's being prohibited from
				  employment in a hospital.
"Indirect services"
means services provided
				  without person-to-person contact such as those provided by administration,
				  dietary, laundry, and maintenance.
(2)
Requirements for employer prior
				to employing an individual.
Prior to employment of a person in a
				hospital, the hospital shall complete the background check requirements set
				forth below.
a.
Informing the
				prospective employee.
A hospital shall ask each person seeking
				employment by the hospital, "Do you have a record of founded child or dependent
				adult abuse or have you ever been convicted of a crime in this state or any
				other state?" The person shall also be informed that a background check will be
				conducted. The person shall indicate, by signature, that the person has been
				informed that the background check will be conducted.
b.
Conducting a background
				check.
The hospital shall either request that the department of public
				safety perform a criminal history check and that the department of human
				services perform child and dependent adult abuse record checks of the person in
				this state, or access the single contact repository (SING) to perform the
				required background check. If the SING is used, the hospital shall submit the
				person's maiden name, if applicable, with the background check
				request.
c.
If a person
				considered for employment has been convicted of a crime.
If a person
				being considered for employment in a hospital has been convicted of a crime
				under a law of any state, the hospital shall request that the department of
				human services perform an evaluation to determine whether the crime warrants
				prohibition of the person's employment in the hospital.
d.
If a person considered for
				employment has a record of founded child abuse or dependent adult
				abuse.
If a person being considered for employment in a hospital has a
				record of founded child or dependent adult abuse under a law of any state, the
				hospital shall request that the department of human services perform an
				evaluation to determine whether the founded child or dependent adult abuse
				warrants prohibition of employment in the hospital.
e.
Employment pending
				evaluation.
The hospital may provisionally employ a person prior to
				completion of the required record check and evaluation by the department of
				human services, as applicable, subject to all of the following:
(1) The hospital shall have accessed SING to
				perform the required record check and be awaiting results from SING or awaiting
				evaluation by the department of human services, as applicable;
(2) If applicable, the hospital shall request
				an evaluation by the department of human services in accordance with paragraph
				51.41(2)
"b"
or
"c"
within 30 days of receipt
				of the SING record check results;
(3) The hospital shall have utilized an
				approved third-party vendor to perform a comprehensive preliminary background
				check;
(4) If the comprehensive
				preliminary background check determines that the person being considered for
				employment has been convicted of a crime, the crime does not constitute a
				felony as defined in Iowa Code section
				701.7
				and is not a crime specified pursuant to Iowa Code chapter 708, 708A, 709,
				709A, 710, 710A, 711, or 712 or pursuant to Iowa Code section
				726.3,
				726.7,
				or
				726.8;
(5) The comprehensive preliminary background
				check shall have determined that the person being considered for employment
				does not have a record of founded child abuse or dependent adult abuse, or, if
				the person being considered for employment does have a record of founded child
				abuse or dependent adult abuse, subrule 51.41(6) is applicable; and
(6) The provisional employment may continue
				until such time as the required record check through SING and evaluation by the
				department of human services, as applicable, are completed.
f.
Validity of background
				check results.
The results of a background check conducted pursuant to
				this rule shall be valid for a period of 30 calendar days from the date the
				results of the background check are received by the
				hospital.