155A.40 - CRIMINAL HISTORY RECORD CHECKS.
155A.40 CRIMINAL HISTORY RECORD CHECKS.
1. The board may request and obtain, notwithstanding section
692.2, subsection 5, criminal history data for any applicant for an
initial or renewal license or registration issued pursuant to this
chapter or chapter 147, any applicant for reinstatement of a license
or registration issued pursuant to this chapter or chapter 147, or
any licensee or registrant who is being monitored as a result of a
board order or agreement resolving an administrative disciplinary
action, for the purpose of evaluating the applicant's, licensee's, or
registrant's eligibility for licensure, registration, or suitability
for continued practice of the profession. Criminal history data may
be requested for all owners, managers, and principal employees of a
pharmacy or drug wholesaler licensed pursuant to this chapter. The
board shall adopt rules pursuant to chapter 17A to implement this
section. The board shall inform the applicant, licensee, or
registrant of the criminal history requirement and obtain a signed
waiver from the applicant, licensee, or registrant prior to
submitting a criminal history data request.
2. A request for criminal history data shall be submitted to the
department of public safety, division of criminal investigation,
pursuant to section 692.2, subsection 1. The board may also require
such applicants, licensees, and registrants to provide a full set of
fingerprints, in a form and manner prescribed by the board. Such
fingerprints may be submitted to the federal bureau of investigation
through the state criminal history repository for a national criminal
history check. The board may authorize alternate methods or sources
for obtaining criminal history record information. The board may, in
addition to any other fees, charge and collect such amounts as may be
incurred by the board, the department of public safety, or the
federal bureau of investigation in obtaining criminal history
information. Amounts collected shall be considered repayment
receipts as defined in section 8.2.
3. Criminal history information relating to an applicant,
licensee, or registrant obtained by the board pursuant to this
section is confidential. The board may, however, use such
information in a license or registration denial proceeding. In a
disciplinary proceeding, such information shall constitute
investigative information under section 272C.6, subsection 4, and may
be used only for purposes consistent with that section.
4. This section shall not apply to a manufacturer of a
prescription drug or device that has been delivered into commerce
pursuant to an application approved by the federal food and drug
administration. Section History: Recent Form
2005 Acts, ch 35, §31; 2005 Acts, ch 179, §188