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

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

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

(2)  Provide to the department of health written consentfor the department to obtain criminal history record information forverification.

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

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

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

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

(f)  For purposes of this section:

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

"Subcontractor" means anyorganization or individual that enters into a contract or agreement with aprovider to provide direct mental health services to the department's eligibleclients.

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