§321-171.5  Employees of the department of
health, its providers and subcontractors; criminal history checks.  (a) 
The department of health shall develop procedures for obtaining verifiable
information regarding the criminal history of persons who are seeking
employment, or seeking to serve as providers or subcontractors, in positions
that place them in direct contact with clients when providing non-witnessed
direct mental health services.  These procedures shall include but not be
limited to criminal history record checks in accordance with section 846-2.7.



(b)  Except as otherwise specified, any person
who seeks employment with the department of health, or who is employed or seeks
employment with a provider or subcontractor in a position that necessitates
non-witnessed direct contact with clients when providing non-witnessed direct
mental health services, shall:



(1)  Be subject to criminal history record checks in
accordance with section 846-2.7; and



(2)  Provide to the department of health written consent
for the department to obtain criminal history record information for
verification.



Information obtained pursuant to subsection (a) and
this subsection shall be used exclusively by the department of health for
purposes of determining whether a person is suitable for working in a position
that necessitates non-witnessed direct contact with clients when providing
non-witnessed direct mental health services.  All such decisions shall be
subject to federal laws and regulations currently or hereafter in effect.



(c)  The department of health may refuse to employ or may
terminate the employment of any employee or applicant for employment if the
person has been convicted of an offense for which incarceration is a sentencing
option, and if the department of health finds by reason of the nature and
circumstances of the crime that the person poses a risk to the health, safety,
or well-being of clients receiving non-witnessed direct mental health
services.  Such refusal or termination may occur only after appropriate investigation,
notification of results and planned action, and opportunity to meet and rebut
the finding, all of which need not be conducted in accordance with chapter 91. 
Nothing in this subsection shall abrogate any applicable appeal rights under
chapter 76 or 89.



(d)  This section shall not be used by the
department of health to secure criminal history record checks on persons who
have been employed continuously on a salaried basis prior to July 1, 2000.



(e)  Nothing in this section shall prohibit criminal
history record checks on employees of all providers and subcontractors.



(f)  For purposes of this section:



"Provider" means any organization or
individual that intends to enter into a contract with or is currently
contracted by the department of health to provide direct mental health services
to the department's eligible clients.



"Subcontractor" means any
organization or individual that enters into a contract or agreement with a
provider to provide direct mental health services to the department's eligible
clients.



(g)  Notwithstanding any other law to the
contrary, the department of health shall be exempt from section 831-3.1 for
purposes of this section and need not conduct investigations, notifications, or
hearings under this section in accordance with chapter 91. [L 2003, c 95, §5;
am L 2004, c 79, §1]