135H.7 - PERSONNEL.
135H.7 PERSONNEL.
1. A person shall not be allowed to provide services in a
psychiatric institution if the person has a disease which is
transmissible to other persons through required contact in the
workplace, which presents a significant risk of infecting other
persons, which presents a substantial possibility of harming other
persons, or for which no reasonable accommodation can eliminate the
risk of infecting other persons.
2. a. If a person is being considered for licensure under
this chapter, or for employment involving direct responsibility for a
child or with access to a child when the child is alone, by a
licensed psychiatric institution, or if a person will reside in a
facility utilized by a licensee, and if the person has been convicted
of a crime or has a record of founded child abuse, the department of
human services and the licensee, for an employee of the licensee,
shall perform an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, employment, or
residence in the facility. The department of human services shall
conduct criminal and child abuse record checks in this state and may
conduct these checks in other states. The evaluation shall be
performed in accordance with procedures adopted for this purpose by
the department of human services.
b. If the department of human services determines that a
person has committed a crime or has a record of founded child abuse
and is licensed, employed by a psychiatric institution licensed under
this chapter, or resides in a licensed facility the department shall
notify the program that an evaluation will be conducted to determine
whether prohibition of the person's licensure, employment, or
residence is warranted.
c. In an evaluation, the department of human services and the
licensee for an employee of the licensee shall consider the nature
and seriousness of the crime or founded child abuse in relation to
the position sought or held, the time elapsed since the commission of
the crime or founded child abuse, the circumstances under which the
crime or founded child abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit the crime
or founded child abuse again, and the number of crimes or founded
child abuses committed by the person involved. The department may
permit a person who is evaluated to be licensed, employed, or to
reside, or to continue to be licensed, employed, or to reside in a
licensed facility, if the person complies with the department's
conditions relating to the person's licensure, employment, or
residence, which may include completion of additional training. For
an employee of a licensee, these conditional requirements shall be
developed with the licensee. The department of human services has
final authority in determining whether prohibition of the person's
licensure, employment, or residence is warranted and in developing
any conditional requirements under this paragraph.
3. If the department of human services determines that the person
has committed a crime or has a record of founded child abuse which
warrants prohibition of licensure, employment, or residence, the
person shall not be licensed under this chapter to operate a
psychiatric institution and shall not be employed by a psychiatric
institution or reside in a facility licensed under this chapter.
4. In addition to the record checks required under subsection 2,
the department of human services may conduct dependent adult abuse
record checks in this state and may conduct these checks in other
states, on a random basis. The provisions of subsections 2 and 3,
relative to an evaluation following a determination that a person has
been convicted of a crime or has a record of founded child abuse,
shall also apply to a random dependent adult abuse record check
conducted under this subsection.
5. Beginning July 1, 1994, a licensee shall inform all new
applicants for employment of the possibility of the performance of a
record check and shall obtain, from the applicant, a signed
acknowledgment of the receipt of the information.
6. On or after July 1, 1994, a licensee shall include the
following inquiry in an application for employment: "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?" Section History: Recent Form
89 Acts, ch 283, § 8; 90 Acts, ch 1221, § 2; 91 Acts, ch 138, § 2;
92 Acts, ch 1163, § 35; 94 Acts, ch 1130, §13