Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 50 - Health Care Facilities Administration › Rule 481-50.9 - 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.
"Certified nurse aide training program"
means a program approved in accordance with the rules for such programs adopted
				  by the department of human services for the training of persons seeking to be a
				  certified nurse aide for employment in a facility as defined by this rule or in
				  a hospital as defined in Iowa Code section
				  135B.1.
"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 or participation in a certified nurse aide training
				  program 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 facility for a very limited purpose, are not in the facility on a regular
				  basis, and who do not provide any treatment or services for residents,
				  patients, tenants, or participants of the provider.
"Employed in a facility"
or
"employment within a facility"
means all of the following if
				  the provider is regulated by the state or receives any federal or state
				  funding:
1. An employee of a health
				care facility licensed under Iowa Code chapter 135C if the employee provides
				direct or indirect services to residents;
2. An employee of a home health agency if the
				employee provides direct services to consumers;
3. An employee of a hospice if the employee
				provides direct services to consumers;
4. A health care employment agency worker as
				defined by Iowa Code section
				135Q.1.
"Employee"
means any individual who is paid
				  either by the facility or any other entity (i.e., health care employment
				  agency, private duty, Medicare/Medicaid or independent contractors).
"Evaluation"
means review by the department
				  of human services to determine whether a founded child abuse, dependent adult
				  abuse or criminal conviction warrants prohibition of the person's employment in
				  a facility; or whether a founded child abuse, dependent adult abuse or criminal
				  conviction warrants prohibition of a student's involvement in a clinical
				  education component of the certified nurse aide training program involving
				  children or dependent adults.
"Facility,"
for purposes of this rule, means
				  all of the following if the provider is regulated by the state or receives any
				  federal or state funding:
1. A health
				care facility licensed under Iowa Code chapter 135C;
2. A home health agency;
3. A hospice.
"Indirect services"
means services provided
				  without person-to-person contact such as those provided by administration,
				  dietary, laundry, and maintenance.
"Student"
means a person applying for,
				  enrolled in, or returning to a certified nurse aide training
				  program.