Iowa Admin. Code r. 481-55.3 - [Effective until 4/23/2025] General requirements
A health care employment agency shall adhere to all requirements under Iowa Code section 135Q.2(2) as enacted by 2022 Iowa Acts, House File 2521, and do all of the following:
(1)
Verification of employment
standards. A health care employment agency shall ensure that its
agency workers comply with all applicable state and federal requirements under
Iowa Code sections 135Q.2(2)
"a" through "c" as enacted by 2022 Iowa Acts,
House File 2521, including but not limited to the following:
a. The health care employment agency shall
ensure completion of all requirements regarding criminal, dependent adult
abuse, and child abuse record checks that would otherwise be the responsibility
of the health care entity if the health care entity employed the agency worker
directly;
b. The health care
employment agency shall ensure completion of the physical examination and
screening and testing for tuberculosis procedures that would otherwise be the
responsibility of the health care entity if the health care entity employed the
agency worker directly; and
c. The
health care employment agency shall ensure that an agency worker has completed
all education, training, and continuing education requirements for the agency
worker's occupation and that the agency worker is in good standing with any
minimum licensing or certification standards to appropriately engage in the
workers' profession.
(2)
Allegations of dependent adult abuse.
a. If a health care employment agency
receives an allegation of dependent adult abuse against an agency worker, the
health care employment agency shall immediately notify the facility in which
the alleged abuse occurred so that the facility may immediately separate the
victim and alleged dependent adult abuser. The health care employment agency
shall also notify the department within 24 hours or the next business day. If
the health care employment agency has reason to believe that immediate
protection for the dependent adult is advisable, the health care employment
agency should also make an oral report to an appropriate law enforcement
agency. After receiving notice of an allegation of dependent adult abuse
against an agency worker and before the department's dependent adult abuse
investigation is completed and the abuse determination is made, the health care
employment agency shall disclose such investigation to any prospective health
care entity with which the agency worker will be placed.
b. In addition to any other requirement under
state or federal law with respect to the receipt of an allegation of dependent
adult abuse, if a health care entity receives an allegation of dependent adult
abuse against an agency worker, the health care employment agency shall
immediately notify the health care employment agency of the allegation. This
does not except the health care entity from any of its duties with respect to
alleged dependent adult abuse under state or federal law.
c. If the health care employment agency
terminates the alleged dependent adult abuser as a result of the investigation
or the alleged dependent adult abuser resigns, the alleged dependent adult
abuser shall disclose such termination or investigation to any prospective
facility or program employer.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A
(1) Verification of employment standards. A health care employment agency shall ensure that its agency workers comply with all applicable state and federal requirements under Iowa Code sections 135Q.2(2)"a" through "c" as enacted by 2022 Iowa Acts, House File 2521, including but not limited to the following:
a. The health care employment agency shall ensure completion of all requirements regarding criminal, dependent adult abuse, and child abuse record checks that would otherwise be the responsibility of the health care entity if the health care entity employed the agency worker directly;
b. The health care employment agency shall ensure completion of the physical examination and screening and testing for tuberculosis procedures that would otherwise be the responsibility of the health care entity if the health care entity employed the agency worker directly; and
c. The health care employment agency shall ensure that an agency worker has completed all education, training, and continuing education requirements for the agency worker's occupation and that the agency worker is in good standing with any minimum licensing or certification standards to appropriately engage in the workers' profession.
(2) Allegations of dependent adult abuse.
a. If a health care employment agency receives an allegation of dependent adult abuse against an agency worker, the health care employment agency shall immediately notify the facility in which the alleged abuse occurred so that the facility may immediately separate the victim and alleged dependent adult abuser. The health care employment agency shall also notify the department within 24 hours or the next business day. If the health care employment agency has reason to believe that immediate protection for the dependent adult is advisable, the health care employment agency should also make an oral report to an appropriate law enforcement agency. After receiving notice of an allegation of dependent adult abuse against an agency worker and before the department's dependent adult abuse investigation is completed and the abuse determination is made, the health care employment agency shall disclose such investigation to any prospective health care entity with which the agency worker will be placed.
b. In addition to any other requirement under state or federal law with respect to the receipt of an allegation of dependent adult abuse, if a health care entity receives an allegation of dependent adult abuse against an agency worker, the health care employment agency shall immediately notify the health care employment agency of the allegation. This does not except the health care entity from any of its duties with respect to alleged dependent adult abuse under state or federal law.
c. If the health care employment agency terminates the alleged dependent adult abuser as a result of the investigation or the alleged dependent adult abuser resigns, the alleged dependent adult abuser shall disclose such termination or investigation to any prospective facility or program employer.