Iowa 2019-2020 Regular Session Status: Enacted

SF 2299 — A bill for an act relating to background checks for employees and students of certain facilities, providers, programs, and agencies. (Formerly SSB 3179.) Effective date: 07/01/2020.

Last action — Signed by Governor.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2020. Enacted.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

34 added · 84 removed

34 line(s) added, 84 removed.

→
Previous
Latest
Senate File 2299 - Introduced SENATE FILE 2299 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3179) A BILL FOR An Act relating to background checks for employees and students of certain facilities, providers, programs, and agencies.
Senate File 2299 - Enrolled Senate File 2299 AN ACT RELATING TO BACKGROUND CHECKS FOR EMPLOYEES AND STUDENTS OF CERTAIN FACILITIES, PROVIDERS, PROGRAMS, AND AGENCIES.
TLSB 5588SV (1) 88 pf/rh S.F.
Section 1.
2299 Section 1.
(a) If the comprehensive preliminary background check determines that the person being considered for employment has been convicted of a crime, but the crime does not constitute a felony as defined in section 701.7 and is not a crime specified pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712 or pursuant to section 726.3, 726.7, or 726.8.
(a) If the comprehensive preliminary background check determines that the person being considered for employment has been convicted of a crime, but the crime does not constitute a felony as defined in section 701.7 and is not a crime specified Senate File 2299, p.
2 pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712 or pursuant to section 726.3, 726.7, or 726.8.
(2) The provisional employment under this paragraph “b” may continue until such time as the required record checks LSB 5588SV (1) 88 -1- pf/rh 1/17 S.F.
(2) The provisional employment under this paragraph “b” may continue until such time as the required record checks through the single contact repository and the evaluation by the department of human services, as applicable, are completed.
2299 through the single contact repository and the evaluation by the department of human services, as applicable, are completed.
Except as provided in subsection 1, paragraph “b”, subsection 2, and paragraph “b” and subsection 2 of this subsection , a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a hospital licensed under this chapter unless an evaluation has been performed by the department of human services.
Except as provided in subsection 1, paragraph “b”, subsection 2, and paragraph “b” and subsection 2 of this subsection, a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a hospital licensed under this chapter unless an evaluation has been performed by the department of human services.
“Comprehensive preliminary background check” includes 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 a third-party vendor.
“Comprehensive preliminary background Senate File 2299, p.
3 check” includes 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 a third-party vendor.
135C.33 Employees and certified nurse aide trainees —— child or dependent adult abuse information and criminal record checks check options —— evaluations —— application to other providers LSB 5588SV (1) 88 -2- pf/rh 2/17 S.F.
135C.33 Employees and certified nurse aide trainees —— child or dependent adult abuse information and criminal record checks check options —— evaluations —— application to other providers —— penalty.
2299 —— penalty.
Prior to employment of a person in a facility or with a provider as specified in subsection 5, the facility or provider shall request do one of the following:
Prior to employment of a person in a facility or with a provider as specified in subsection 5 , the facility or provider shall request do one of the following:
(b) If the comprehensive preliminary background check determines the person being considered for employment does not have a record of founded child abuse or dependent adult abuse or if an exception pursuant to subsection 4 is applicable to the person.
Senate File 2299, p.
LSB 5588SV (1) 88 -3- pf/rh 3/17 S.F.
4 (b) If the comprehensive preliminary background check determines the person being considered for employment does not have a record of founded child abuse or dependent adult abuse or if an exception pursuant to subsection 4 is applicable to the person.
2299 (c) If the facility or provider has requested an evaluation in accordance with subsection 2, paragraph “a”, to determine whether the crime warrants prohibition of the person’s employment in the facility or with the provider.
(c) If the facility or provider has requested an evaluation in accordance with subsection 2, paragraph “a”, to determine whether the crime warrants prohibition of the person’s employment in the facility or with the provider.
(1) If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child or dependent adult abuse and the licensee facility or provider has requested an evaluation in accordance with paragraph “a” to determine whether the crime warrants prohibition of the person’s employment, the licensee facility or provider may employ the person for not more than sixty calendar days pending completion of the evaluation.
(1) If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child or dependent adult abuse and the licensee facility or provider has requested an evaluation in accordance with paragraph “a” to determine whether the crime warrants prohibition of the person’s employment, the licensee facility or provider may employ the person for not more than Senate File 2299, p.
LSB 5588SV (1) 88 -4- pf/rh 4/17 S.F.
5 sixty calendar days pending completion of the evaluation.
2299 (2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.
(2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.
If a department of human services child or dependent adult abuse record check shows that such person has a record of founded child or dependent adult abuse, the department of human services shall notify the licensee facility or provider that upon the request of the licensee facility or provider the department of human services will perform an evaluation to determine whether the founded child or dependent adult abuse warrants prohibition of employment in the facility or with the provider.
If a department of human services child or dependent adult abuse record check shows that such person has a record of founded child or dependent adult abuse, the department of human services shall notify the licensee facility or provider that upon the request of the licensee facility or provider the department of human services will perform an evaluation to determine whether the founded child or dependent adult abuse warrants prohibition of employment in the facility or with the provider .
In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult LSB 5588SV (1) 88 -5- pf/rh 5/17 S.F.
In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult abuse, the circumstances under which the crime or founded child or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit Senate File 2299, p.
2299 abuse, the circumstances under which the crime or founded child or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved.
6 the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved.
Except as provided in subsection 1, paragraph “c”, subsection 2, and paragraph “b” and subsection 2 of this subsection, a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a facility licensed under this chapter or with a provider unless an evaluation has been performed by the department of human services.
Except as provided in subsection 1, paragraph “c”, subsection 2, and paragraph “b” and subsection 2 of this subsection , a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a facility licensed under this chapter or with a provider unless an evaluation has been performed by the department of human services.
Authorization of an exemption under this paragraph “b” from requirements for reevaluation of LSB 5588SV (1) 88 -6- pf/rh 6/17 S.F.
Authorization of an exemption under this paragraph “b” from requirements for reevaluation of the latest record checks by the department of human services is subject to all of the following provisions:
2299 the latest record checks by the department of human services is subject to all of the following provisions:
(2) Any restrictions placed on the person’s employment in the previous evaluation by the department of human services shall remain applicable in the person’s subsequent employment.
(2) Any restrictions placed on the person’s employment in the previous evaluation by the department of human services Senate File 2299, p.
7 shall remain applicable in the person’s subsequent employment.
LSB 5588SV (1) 88 -7- pf/rh 7/17 S.F.
b.
2299 b.
The department of human services shall perform the evaluation of any criminal record or founded child or dependent adult abuse record and shall make the determination of whether a prospective employee of a provider shall not be employed by the provider.
The department of human services shall perform the evaluation of any criminal record or founded child or dependent adult abuse record and shall make the determination of whether a prospective employee Senate File 2299, p.
8 of a provider shall not be employed by the provider.
If a person employed by a temporary staffing agency that is subject to this section is convicted of a crime or has a record of founded child or dependent adult abuse entered in the LSB 5588SV (1) 88 -8- pf/rh 8/17 S.F.
If a person employed by a temporary staffing agency that is subject to this section is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the person’s employment application date, the person shall inform the temporary staffing agency within forty-eight hours and the temporary staffing agency shall inform the facility, service, program, or other provider within two hours.
2299 abuse registry after the person’s employment application date, the person shall inform the temporary staffing agency within forty-eight hours and the temporary staffing agency shall inform the facility, service, program, or other provider within two hours.
The department of inspections and appeals, in conjunction with other departments and agencies of state government involved with criminal history and abuse registry information, shall establish a single contact repository for facilities and other providers to have electronic access to data to perform background checks for purposes of employment, as required of the facilities and other providers under this section.
The department of inspections and appeals, in conjunction with other departments and agencies of state Senate File 2299, p.
9 government involved with criminal history and abuse registry information, shall establish a single contact repository for facilities and other providers to have electronic access to data to perform background checks for purposes of employment, as required of the facilities and other providers under this section.
The employer shall act to verify the LSB 5588SV (1) 88 -9- pf/rh 9/17 S.F.
The employer shall act to verify the information within seven calendar days of notification.
2299 information within seven calendar days of notification.
If a facility, service, or program employer receives credible information, as determined by the employer, that a person employed by the employer has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after employment from a person other than the employee and the employee has not informed the employer of such information within the period required under paragraph “a”, the employer shall act to verify the credible information within seven calendar days of receipt of the credible information.
If a facility, service, or program employer receives credible information, as determined by the employer, that a person employed by the employer has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after employment from a person other than the employee and the employee has not informed the employer of such information within the period required under paragraph “a”, the employer shall act to verify the Senate File 2299, p.
10 credible information within seven calendar days of receipt of the credible information.
(1) “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 any of LSB 5588SV (1) 88 -10- pf/rh 10/17 S.F.
(1) “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 any of the facilities or programs this section applies to or in a hospital, as defined in section 135B.1.
Show all 62 changed rows (22 more)
Previous
Latest
2299 the facilities or programs this section applies to or in a hospital, as defined in section 135B.1.
(a) If the comprehensive preliminary background check determines that the person being considered for provisional participation has been convicted of a crime but the crime does not constitute a felony as defined in section 701.7 and is not a crime specified pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712, or pursuant to section 726.3, 726.7, or 726.8.
Senate File 2299, p.
11 (a) If the comprehensive preliminary background check determines that the person being considered for provisional participation has been convicted of a crime but the crime does not constitute a felony as defined in section 701.7 and is not a crime specified pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or 712, or pursuant to section 726.3, 726.7, or 726.8.
LSB 5588SV (1) 88 -11- pf/rh 11/17 S.F.
(c) If the program has requested an evaluation in accordance with subsection 2, paragraph “a”, to determine whether the crime warrants prohibition of the person’s provisional participation.
2299 (c) If the program has requested an evaluation in accordance with subsection 2, paragraph “a”, to determine whether the crime warrants prohibition of the person’s provisional participation.
(1) If a student’s clinical education component of the training program involves children or dependent adults but does not involve operation of a motor vehicle, and the student has been convicted of a crime listed in subparagraph (2), but does not have a record of founded child or dependent adult abuse, and the training program has requested an evaluation in accordance with paragraph “c” to determine whether the crime warrants prohibition of the student’s involvement in such clinical education component, the training program may allow the student’s participation in the component for not more than sixty days pending completion of the evaluation.
(1) If a student’s clinical education component of the training program involves children or dependent adults but does not involve operation of a motor vehicle, and the student Senate File 2299, p.
LSB 5588SV (1) 88 -12- pf/rh 12/17 S.F.
12 has been convicted of a crime listed in subparagraph (2), but does not have a record of founded child or dependent adult abuse, and the training program has requested an evaluation in accordance with paragraph “c” to determine whether the crime warrants prohibition of the student’s involvement in such clinical education component, the training program may allow the student’s participation in the component for not more than sixty days pending completion of the evaluation.
2299 (2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.
(2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.
If the information is verified, the requirements of paragraph “c” shall be applied to determine whether or not the student’s involvement in a clinical education component may continue.
If the information is verified, the Senate File 2299, p.
(3) The program may notify the county attorney for the LSB 5588SV (1) 88 -13- pf/rh 13/17 S.F.
13 requirements of paragraph “c” shall be applied to determine whether or not the student’s involvement in a clinical education component may continue.
2299 county where the program is located of any violation or failure by a student to notify the program of a criminal conviction or entry of an abuse record within the period required under subparagraph (1).
(3) The program may notify the county attorney for the county where the program is located of any violation or failure by a student to notify the program of a criminal conviction or entry of an abuse record within the period required under subparagraph (1).
Access the single contact repository to perform the LSB 5588SV (1) 88 -14- pf/rh 14/17 S.F.
Access the single contact repository to perform the Senate File 2299, p.
2299 required record checks.
14 required record checks.
If a student has a criminal record or a record of founded child or dependent adult abuse, upon request of the nursing program, the department of human services shall perform an evaluation to determine whether the record warrants prohibition of the person’s student’s involvement in a clinical LSB 5588SV (1) 88 -15- pf/rh 15/17 S.F.
If a student has a criminal record or a record of founded child or dependent adult abuse, upon request of the nursing program, the department of human services shall perform an evaluation to determine whether the record warrants prohibition of the person’s student’s involvement in a clinical education component of a nursing program involving children or dependent adults.
2299 education component of a nursing program involving children or dependent adults.
The department of human services shall utilize the criteria provided in section 135C.33 in performing the evaluation and shall report the results of the evaluation Senate File 2299, p.
The department of human services shall utilize the criteria provided in section 135C.33 in performing the evaluation and shall report the results of the evaluation to the nursing program.
15 to the nursing program.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
______________________________ ______________________________ CHARLES SCHNEIDER PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2299, Eighty-eighth General Assembly.
This bill relates to background record checks for employees and students of certain facilities, providers, programs, and agencies.
______________________________ W.
The bill provides that in addition to background record checks being performed by the department of public safety and the department of human services, an entity may have a third-party vendor conduct a preliminary background check pending completion of the required record checks.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2020 ______________________________ KIM REYNOLDS Governor
The bill makes conforming changes throughout the Code to allow for the preliminary record checks requirements for entities including hospitals and health care facilities, providers of in-home services including homemaker-home health aides and home care LSB 5588SV (1) 88 -16- pf/rh 16/17 S.F.
2299 aides, and other providers of in-home services, adult day services, hospices, home and community-based services waiver providers, elder group homes, assisted living programs, certified nurse aide training programs, and nursing programs.
LSB 5588SV (1) 88 -17- pf/rh 17/17
⬇ Download PDF
View plain text versions (2)

Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  3. Message from House.

  4. Immediate message.

  5. Passed House, yeas 100, nays none.

  6. Substituted for HF 2435.

  7. Read first time, passed on file.

  8. Message from Senate.

  9. Immediate message.

  10. Passed Senate, yeas 50, nays 0.

  11. Committee report, approving bill.

  12. Introduced, placed on calendar, under Rule 28.

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 0 co-sponsors · 148 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What is the current status of SF 2299?
This bill has been enacted into law. Introduced February 18, 2020. Enacted.
Where can I track SF 2299?
Track SF 2299 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SF 2299

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SF 2299

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →