§ 152.5A — Student record checks

Iowa § 152.5A

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 152: NURSING

Text

1. For the purposes of this section:
a. “Comprehensive preliminary background check” means the same as defined in section
135C.1.
b. “Nursing program” means a nursing program that is approved by the board pursuant
to section 152.5.
c. “Record check evaluation system” means the same as defined in section 135C.1.
d. “Student”meansapersonapplyingfor,enrolledin,orreturningtotheclinicaleducation
component of a nursing program.
2. Prior to a student beginning or returning to a nursing program, the nursing program
§152.5A, NURSING 4
shall do one of the following in substantial conformance with the provisions of section
135C.33:
a. Request that the department of public safety perform a criminal history check and the
record check evaluation system of the department of health and human services perform
child and dependent adult abuse record checks of the student in this state.
b. Access the single contact repository to perform the required record checks.
3. a. If a program accesses the single contact repository to perform the required record
checks pursuant to subsection 2, the program may utilize a third-party vendor to perform a
comprehensive preliminary background check to allow a student to provisionally participate
in the clinical education component of the nursing program pending completion of the
required record checks through the single contact repository and the evaluation by the
record check evaluation system, as applicable, subject to all of the following:
(1) Ifthecomprehensivepreliminarybackgroundcheckdeterminesthatthestudentbeing
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, 726.27, or 726.28.
(2) If the comprehensive preliminary background check determines the student being
considered for provisional participation does not have a record of founded child abuse or
dependent adult abuse, or if an exception pursuant to section 135C.33, subsection 4, is
applicable to the student.
(3) If the program has requested an evaluation in accordance with section 135C.33,
subsection 2, paragraph “a”, to determine whether the crime warrants prohibition of the
student’s provisional participation.
b. The provisional participation under this subsection 3 may continue until such time as
the required record checks through the single contact repository and the evaluation by the
record check evaluation system, as applicable, are completed.
4. If a student has a criminal record or a record of founded child or dependent adult
abuse, upon request of the nursing program, the record check evaluation system shall
perform an evaluation to determine whether the record warrants prohibition of the student’s
involvement in a clinical education component of a nursing program involving children or
dependent adults. The record check evaluation system 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. The record check evaluation system has final authority in determining
whether prohibition of the student’s involvement in a clinical education component is
warranted.